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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER II. PESTICIDE MANAGEMENT

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

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CHAPTER II.
PESTICIDE MANAGEMENT

Sec. B28-4. County integrated pest management (IPM) program.

(a) The County IPM Coordinator shall oversee and coordinate implementation of the IPM program.

(b) The IPM program shall include, but not be limited to, the following:

(1) Identify staff member(s) responsible for program implementation;

(2) Acquaint County workers with the IPM approach and new pest management strategies, as they become known;

(3) Inform the public of the County's effort to reduce pesticide use;

(4) Respond to questions about the County's pest management program and practices;

(5) Conduct ongoing educational programs, where appropriate;

(6) Maintain records and evaluate program effectiveness;

(7) Develop and maintain the approved list of pesticides.

(c) Departments shall implement the IPM program consistent with the IPM practices outlined below. Where feasible, departments shall consider a range of potential treatments for the pest problem and employ non-pesticide management tactics first, consider the use of chemicals only as a last resort, and select and use chemicals in accordance with the provisions of this division. The IPM practices shall include ways to:

(1) Monitor pests to determine pest population size, occurrence, and natural enemy population, if present. Identify decisions and practices that could affect pest populations. Keep records of monitoring results;

(2) Set treatment levels for each pest at each site based on how much biological, aesthetic or economic damage the site can tolerate;

(3) Determine the most effective treatment time, based on pest biology and other variables, such as weather, seasonal changes in wildlife use and local conditions;

(4) Design construction and building remodels to reduce or eliminate pest habitats and improve efficiency in facility and landscape maintenance and sanitation;

(5) Reduce pest incidences by modifying management practices such as watering, mulching, fertilizer use, and pruning;

(6) Modify pest ecosystems, including waste management and food storage, to reduce pest food, living space, and access;

(7) Use physical controls such as hand-weeding, traps and barriers, heat and cold;

(8) Use biological controls such as introducing or enhancing pests' natural enemies;

(9) When indoors, use baits or least toxic methods of pest control rather than sprays;

(10) Monitor treatment to evaluate effectiveness;

(11) Maintain records as set forth in Section B28-8.

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

Sec. B28-5. Pesticide use.

(a) Approved list. The County IPM Coordinator shall develop the approved list using a set of criteria that will be developed with the review and input of the IPM TAG. The criteria will take into account environmental and human health hazards, principles of the IPM approach, and technically based methods, conditions, and specifications for pesticide use. The County IPM Coordinator shall maintain the list of approved pesticides that may be used on County property. The approved list shall be reviewed and updated at least annually. The IPM Coordinator may amend this list as needed at any time as long as the products are consistent with the established criteria. These amendments shall be communicated to the IPM TAG in writing at the quarterly meetings.

(b) Specific exemptions. An exemption may be obtained from the County IPM Coordinator for use of a product not on the approved list as follows:

(1) One-year exemptions. The County IPM Coordinator may grant a specific exemption, with limited conditions for use, for a one-year period upon a written request showing that a department has:

a. Identified the need for use;

b. Made a good-faith effort to find alternatives to the pesticide;

c. Identified or demonstrated that effective economic alternatives to the pesticide do not exist for that particular use; and

d. Developed a reasonable plan for investigating alternatives to the pesticide during the exemption period.

(2) An exemption may be continued beyond the one-year period by filing a new request for exemption as required in Subsection (b)(i) above.

(3) The County Executive shall have the discretion to revoke any exemption.

(1) A department responsible for maintenance of a site or facility may apply to the County IPM Coordinator for an emergency pesticide use exemption in the event that a pest outbreak poses an immediate threat to public health or may cause significant economic damage.

(2) If the County IPM Coordinator cannot respond to the application in a timely manner, the departmental IPM coordinator submitting the application may authorize the one-time emergency use of the required pesticide and provide notice of the emergency application to the County IPM Coordinator in writing within 48 hours.

(3) Posting of emergency use of pesticides shall be at the time of pesticide application and comply with all other posting requirements.

(4) Reporting of the exemption and pesticide use will comply with all other reporting requirements as stated in Section B28-8.

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

Sec. B28-6. Restriction on the use of pesticides.

Except for the use of pesticides exempted pursuant to Section B28-3, pesticides granted an exemption pursuant to Section B28-5(b) or 5(c) or pesticides on the approved list per Section B28-5(a), no department shall use any of the following types of pesticides. A list of the pesticides and pesticide products identified in (b) through (g) below shall be on file with the County IPM Coordinator.

(a) Toxicity Category I or II pesticide products.

(b) Any pesticide containing a chemical identified by the State of California as a chemical known to the State to cause cancer or reproductive or developmental toxicity pursuant to the California Safe Drinking Water and Toxic Enforcement Act of 1986.

(c) Pesticides identified by the State of California on the Groundwater Protection List (Food and Agricultural Code § 13145(d)).

(d) Pesticides classified by active ingredient as organophosphate type pesticides as identified by the United States Environmental Protection Agency (Office of Pesticide Programs, Document 735-F-99-14, May 1999), or California Environmental Protection Agency, Department of Pesticide Regulation, Chemical Inquiries Database.

(e) Pesticides containing carbamate-type chemicals (California Environmental Protection Agency, Department of Pesticide Regulation, Chemical Inquiries Database).

(f) Any pesticide classified as a human carcinogen, probable human carcinogen or possible human carcinogen by the United States Environmental Protection Agency, under procedures established in "Proposed Guidelines for Carcinogen Risk Assessment," EPA/600/P-92/003C, April 1996, or equivalent documents.

(g) Any pesticide group officially designated by the California Environmental Protection Agency Department of Pesticide Regulation or by the United States Environmental Protection Agency as posing significant hazard to human health or the environment.

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

Sec. B28-7. Posting of pesticide use.

(a) Except as provided for in Section B28-5(c) and Section B28-7(b), any department that uses or authorizes the use of a pesticide shall comply with the following posting procedures:

(1) Signs shall be posted at least three days before application of the pesticide and remain posted at least four days after application, except for baits and emergency use of pesticides, which are posted at the time of treatment in accordance with Section B28-5(c)(3) above and Subsection (b)(3) below;

(2) For buildings and/or landscaped areas adjacent to buildings, signs shall be posted at main entry points where the pesticide is applied;

(3) For open areas, signs shall be posted in highly visible locations around the perimeter of the area where the pesticide is applied;

(4) For vehicles used primarily by County staff, signs shall be posted at areas where vehicles are obtained or posting information shall be given to the primary drivers.

(5) Signs shall contain the:

a. Trade name and active ingredient of the pesticide product;

b. Target pest;

c. Date of posting;

d. Date(s) of anticipated pesticide use; the date(s) of actual pesticide use will be posted at the main entrance, park office, or designated site;

e. Signal word indicating the toxicity category of the pesticide product;

f. Date for re-entry of staff and the public to the area treated if applicable;

g. Name and contact number for the department responsible for the application.

(6) Signs shall have a standard design that is easily recognizable by the public and workers;

(b) Exemptions to posting.

(1) Departments shall not be required to post signs in accordance with Section B28-7(a) in right-of-way locations and other areas that the general public does not use for recreational purposes.

a. Each department that uses pesticides in such locations shall provide a public access telephone number for information about pesticide applications. The public access telephone number shall be posted in a prominent location at the department's main office building. Information provided shall include all the items in Subsection (a)(5) above.

(2) Any pesticide granted an emergency exemption by the County IPM Coordinator shall not be required to be posted prior to treatment. However, all other requirements for posting as set forth in Section B28-7(a) shall be followed.

(3) Any pesticide bait placed in a container or trap, or applied as a gel or paste in a crack or crevice shall not be required to post signs prior to treatment. Baits, used indoors, shall be posted in the vicinity of application. Baits, used outdoors, shall be posted in the main office, park office, or a designated site. Signs shall be posted according to the requirements as set forth in Section B28-7(a).

(4) The County IPM Coordinator may in his or her discretion grant necessary exemptions to the posting requirements.

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

Sec. B28-8. Record keeping and reporting.

(a) Each department that uses pesticides shall keep records of pest management activities, including information about demonstration sites and exemptions. A copy of this information shall be placed in a centralized record keeping area in each department. Where feasible, this information shall be kept in a notebook or electronic equivalent maintained in each occupied building. Each pest management activity such as pesticide application, trapping or inspection shall be recorded and, when applicable, include at least the following information:

(1) Target pest and extent of problem;

(2) Product name, active ingredients, EPA registration number, formulation, and quantity of pesticide used;

(3) Site of the pesticide application;

(4) Date of pesticide application;

(5) Name of person conducting pest management activity;

(6) Application equipment number, if applicable;

(7) Prevention and other non-chemical methods of control recommended or used, and;

(8) Evaluation of effectiveness.

(b) The departmental IPM coordinator shall keep the following:

(1) Records of pesticide use;

(2) A copy of the label of all pesticides used; and,

(3) The material safety data sheet for each pesticide used.

(c) Each department that uses pesticides shall submit a summary of pest management records required in Section B28-8(a) and (b) to the County IPM Coordinator at least quarterly.

(d) Pest management records, including pesticide use records, are all public records.

(e) Pesticide use records shall be kept indefinitely until an electronic database tracking system has been established.

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