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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER I.
GENERAL PROVISIONS

Sec. B28-1. Intent and purpose.

The County, in carrying out its operations, finds it necessary from time to time to use pesticides on County property. The intent of this division is to protect the health and safety of County employees and the general public, the environment, and water quality, as well as to provide sustainable solutions for pest control on County property. The Board of Supervisors hereby finds and declares that it shall be the policy of the County of Santa Clara to eliminate or reduce pesticide applications on County property to the maximum extent feasible. Preference shall be given to available non-pesticide alternatives, where feasible, before considering the use of pesticides on County property.

This division concerns the application of pesticides to property owned by the County of Santa Clara only, and does not concern the application of pesticides to property that is not owned by the County of Santa Clara.

(Ord. No. NS-517.70, 5-21-02)

Sec. B28-2. Definitions.

Whenever used in this division, the following terms shall have the meanings set forth below:

(a) Antimicrobial pesticides are pesticides, such as disinfectants and sanitizers, that are intended to disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms; or protect inanimate objects (for example floors and walls), industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime.

(b) Approved list is the list of pesticides authorized by the County IPM Coordinator for use on County property developed in accordance with Section B28-5.

(c) Carbamates means esters on N-methyl carbamic acid, which inhibit cholinesterase.

(d) Contract is a binding written agreement, including but not limited to a contract, permit, license or lease between a person, firm, corporation or other entity, including a governmental entity, and the County of Santa Clara which grants a right to use or occupy property of the County or which provides pest management services.

(e) County Executive is the County Executive or his or her designee of the County of Santa Clara.

(f) Demonstration site is a specific area or site designated by a department to evaluate the use of a pest management strategy.

(g) Department is any agency or department of the County of Santa Clara. Department does not include the vector control district or any other local, state, or federal agency.

(h) Departmental IPM coordinator is someone designated by a department head to coordinate the department's IPM program.

(i) County IPM Coordinator is the person designated by the County Executive to implement and oversee the County of Santa Clara's IPM program.

(j) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

(k) Integrated pest management (IPM) is a decision-making process for managing pests using monitoring to determine pest-caused injury levels and combining biological control, cultural practices, mechanical and physical tools, and chemicals to minimize pesticide usage. The method uses extensive knowledge about pests, such as infestation thresholds, life histories, environmental requirements, and natural enemies to complement and facilitate biological and other natural control of pests. The method uses the least hazardous pesticides only as a last resort for controlling pests.

(l) IPM technical advisory group (IPM TAG) is the technical advisory group to the County for the IPM program and is further described in Section B28-9.

(m) Organophosphates means organophosphorus esters, which inhibit cholinesterase.

(n) Pest is any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except certain insects, viruses, bacteria, or other microorganism on or in living man or living animals).

(o) Pesticide is any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest, which may infest or be detrimental to vegetation, man, animals, or households, or be present in any agricultural or nonagricultural environment. Pesticide for purposes of this division does not include antimicrobial agents.

(p) Posting is to place signs as identified in Section B28-7 to inform employees and the public of pesticide use at a given site.

(q) Signal words are the words used on a pesticide label--Danger, Warning, Caution--to indicate level of toxicity.

(r) Toxicity Category I pesticide product is any pesticide product that meets United States Environmental Protection Agency criteria for Toxicity Category I under Section 156.10 of Part 156 of Title 40 of the Code of Federal Regulations.

(s) Toxicity Category II pesticide product is any pesticide product that meets United States Environmental Protection Agency criteria for Toxicity Category II under Section 156.10 of Part 156 of Title 40 of the Code of Federal Regulations.

(Ord. No. NS-517.70, 5-21-02)

Sec. B28-3. General exemptions.

(a) This division shall not apply to the use of any pesticide for the purpose of improving or maintaining water quality at any County owned or operated drinking water treatment plants, wastewater treatment plants, reservoirs, and related collection, distribution, and treatment facilities.

(b) This division shall not apply to any use of pesticides on County property by any department when performing pest management or pesticide activities authorized by state or federal laws or regulations.

(c) This division shall not apply to the use of pesticides by the vector control district.

(d) This division shall not apply to antimicrobial pesticides or pesticides used to control pests in or on living humans or animals.

(e) This division shall not apply to existing contracts except as provided in Section B28-10.

(f) This division shall not apply to contracts under negotiation at the time this division becomes effective for a period of five years.

(Ord. No. NS-517.70, 5-21-02)

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