ORDINANCE__________________

 

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN AMENDING THE MARIN COUNTY CODE BY  ADDING CHAPTER 23.19 TO THE CODE BY ADDING SECTIONS 23.19.100. 23.19.110, 23.19.120, 23.19.130, 23.19.140, 23.19.150, 23.19.160, 23.19.170, 23.19.180, 23.19.190, 23.19.200, 23.19.210, 23.19.220, 23.19.230, PERTAINING TO THE MARIN COUNTY INTEGRATED PEST MANAGEMENT PROGRAM.

 

The Board of Supervisors of the County of Marin does hereby ordain as follows:

Marin County Integrated Pest Management Program

 

Title 23 of the Marin County Code is hereby amended by adding Chapter 23.19, INTEGRATED PEST MANAGEMENT PROGRAM as follows:

 

         Sections:

 

23.19.100 PURPOSE AND FINDINGS

23.19.101 POLICY

23.19.102 DEFINITIONS

23.19.103 PESTICIDE USE REDUCTION AND GUIDELINES FOR PESTICIDE SELECTION

23.19.104 DESIGNATION OF INTEGRATED PEST (IPM) COORDINATOR

23.19.105 CREATION AND PURPOSE OF AN INTEGRATED PEST MANAGEMENT (IPM) COMMISSION

23.19.106 NOTIFICATION OF PESTICIDE USE

23.19.107 IMPLEMENTATION OF COUNTY INTEGRATED PEST MANAGEMENT POLICY

23.19.108 RECORD KEEPING OF PESTICIDE  APPLICATIONS

23.19.109 EXEMPTIONS

23.19.110 IPM CONTRACTS

23.19.111 GUIDELINES

23.19.112 NO CRIMINAL PENALTIES OR SANCTIONS

23.19.113 NO CIVIL LIABILITY FOR VIOLATIONS OF THIS CHAPTER

 

Section I.  Section 23.19.100 of the Marin County Code shall read as follows:

 

SECTION 123.19.100.  PURPOSE AND FINDINGSAND FINDINGS

 

The Board of Supervisors hereby finds that it shall be the policy of the County of Marin for County departments and pesticide applicators who apply pesticides to property owned or managed by the County to eliminate or reduce pesticide applications on County-owned and County-managed property to the maximum extent feasible.The Board of Supervisors finds that County departments and personnel, particularly the Department of Parks, Open Space,  and Cultural Commission, Department of Public Works and  Department of Agriculture, Weights and Measures, have taken steps to successfully practice integrated pest management  (IPM).

 

 

An IPM policy was adopted by the Department of Parks, Open Space, and Cultural Commission in 1983, which resulted in significant overall reduction in use and elimination of the most hazardous pesticides; established employee written safety programs; required appropriate State pest control licensing and continuing education for employees; maintained high compliance with Federal and State pest control laws and regulations Marin County had adopted; established biological pest control; and adopted integrated pest management activities.

  

It is the purpose and intent of this chapter to ensure that County departments and all those who apply pesticides to property owned and/or managed by the County of Marin utilize integrated pest management (IPM) practices, eliminate or reduce pesticide applications on County-owned and/or County-managed property to the maximum extent feasible, and take all reasonable measures to ensure that pest control activities do not threaten environmental and human health. 

 

(b) The Board of Supervisors finds that some County departments and personnel, particularly the department of Parks and Open Space, have already taken significant steps to successfully adopt IPM practices.  Under this chapter, the County of Marin wishes to continue to be a leader for public and private entities in the adoption of IPM, reduction in pesticide use, and protection of public health.

 

(b) County departments shall implement the following Integrated Pest Management (IPM) policy:

It is the purpose and intent of this chapter to practice integrated pest management (IPM) and reduce or eliminate pesticide use on County-owned and managed property through selection of the most appropriate reduce-risk practices for each site and situation involving local environmental and economic considerations as well as consideration of effectiveness and acceptability of practices.

 

This Ordinance applies to County departments which utilize pesticides for maintenance of any County property or facility.  It is the purpose and intent of this chapter to practice integrated pest management (IPM) principals when considering the use of pesticides on County-owned and managed property through selection of the most appropriate reduced-risk practices for each site and situation involved local environment and economic considerations, as well as consideration of effectiveness and acceptability of practices.

 

Section II. Section 23.19.110 of the Marin County Code shall read as follows:

 

23.19.110   County Integrated Pest Management PolicyPOLICY

 

The County in carrying out its pest management operations shall focus on long term prevention or suppression of pest problems with minimum negative impact on human health, non-target organisms, and the environment.

 

The goal of the County is to reduce its countywide total yearly pesticide use by 75 percent (75%) by weight, as compared to the total pesticide use in 1997, no later than January 1, 2004.

 

 The County assume recognize that pesticides are potentially hazardous to human human health, and  the environmental health and the environment,, and non-target organisms.  County departments and shall give preference to reasonablye available non-pesticide alternatives Integrated Pest Management (IPM) principals when considering the use of pesticides on County property.property.and  County departments shall should include the following elements in the County Integrated Pest Management (IPM) approach outlined below.plans.

 

 

(1)  Establish scouting or inspection procedures to monitor pest population levels.  Perform thorough in-field assessments of each pest problem.  Keep records of such monitoring.  Monitoring should be performed by designated personnel or contractor knowledgeable in IPM methods.

 

 

(2)  Establish for each pest an IPM implementation plan which evaluates the biological, aesthetic, and economic loss each site can tolerate (tolerance levels) and set pest population  levels (action levels) at which corrective action should be taken to ensure that pests do not exceed tolerance levels. Monitor each pest ecosystem to determine pest population size, occurrence, and natural enemy population, if present.  Identify and evaluate conditions that encourage pest problems.  Identify practices and decisions that could reduce pest populations.  Keep records of such monitoring.  Monitoring should be performed by designated personnel knowledgeable in IPM methods.

 

 (3)  Determine corrective actions when an action threshold is reached.  Review and consider all available non-chemical options for acceptability and feasibility.  Consider the use of chemicals only as a last resort.  Select and use chemicals only in accordance with State, Federal and local law an in accordance this chapter, whichever is most restrictive.  Select reduced-risk practices least damaging to humans and the environment and most likely to produce a permanent reduction in the supportive environment for the target pest(s). Use pest resistant plants and planting systems that minimize pest infestations.

 

(4)  Identify and evaluate conditions that encourage pest problems.  Modify pest ecosystems to reduce food and living space through physical and cultural practices. Set for each pest at each site, and identify in an IPM implementation plan, an injury level, based on how much biological, aesthetic, or economic damage the site can tolerate.

 

(a)  Use physical pest controls such as cultivation, traps, and barriers (exclusions).

 

(b)   Employ practices, including watering, mulching, waste management, and food storage to reduce pest populations.

 

(c)   Design and construct, or modify, indoor and outdoor areas to reduce or eliminate pest habitats.

 

(d)  Use pest resistant plants and planting systems that minimize pest infections.

 

(e)  Use biological pest controls when possible.

 

 (5)  Determine most effective treatment time, based on pest biology and other variables, such as weather, seasonal changes in wildlife use, and local conditions. Perform thorough in-field assessments of each pest problem.

 

(6)  Establish and maintain an accurate record-keeping system to catalog Determine most effective treatment time, based on pest biology and other variables, such as weather, seasonal changes in wildlife use, and local conditions.monitoring information and to document and evaluate effectiveness of pest management procedures. 

 

(7)Establish scouting or inspection procedures to monitor pest population levels and severity of the pest problem  Evaluate the effectiveness of the IPM program and make adjustments as needed.

 

(8).   Mointor pest management practices to evaluate effectiveness.

 

Conduct an ongoing education program for County staff and members of the public. Modify pest ecosystems to reduce food and living space.  Modify management practices, including watering, mulching, waste management, and food storage to reduce pest populations.  Design and construct, or modify, indoor and outdoor areas to reduce or eliminate pest habitats.  Establish for each pest an IPM implementation plan which evaluates biological, aesthetic, and economic loss each site can tolerate to determine which corrective action(s) must be implemented.

 

(a)  Acquaint staff with IPM principles, pest biology, non-chemical pest control alternatives including new pest management strategies as they become known, and health and safety issues, including toxicology of pesticides use.

 

      (b)  Inform the public of the County’s program to reduce pesticide use, and respond to questions from the public about the County’s pest management practices.

 

Use physical pest controls such as hand weeding, traps, and barriers.  Determine corrective action(s) when a control action threshold is reached.  Select specific reduced-risk practices least damaging to the environment and most likely to produce a permanent reduction in the supportive environment for the target pest(s), and most cost-effective considering both short-and long-term objectives.

 

Modify pest ecosystems to reduce food and living space through physical and cultural practices.

 

Use biological pest controls when possible. (introducing or enhancing pests’ natural enemies).

 

Review and consider all available non-chemical options for acceptability and feasibility.  Consider the use of chemicals only as a last resort.  Select and use chemicals only within an IPM program and in accordance with this chapter.

 

(10) Conduct an ongoing education program of County staff and public utilizing County facilities.

 

Acquaint staff with of IPM principles, pest biologies, non-chemical pest control alternatives including new pest management strategies as they become known, and health and safety issues, including toxicology of pesticides use. And inform the public of the County’s program to reduce pesticide use.

 

Inform the public of the County’s program to reduce pesticide use, and respond to questions from the public about the County’s pest management practices.

 

 (8) Establish and maintain an accurate record-keeping system to catalog monitoring information and document management procedures. Monitor treatment to evaluate effectiveness.  Keep monitoring records and include them in the IPM implementation plan.

 

Nothing in this chapter is intended to apply to pesticide application that are required to comply with federal, state, or local laws or regulations.

 

 (9)  Evaluate the effectiveness of the IPM program and make adjustments as needed.

 

          Section III.  Section 23.19.120 of the Marin County Code shall read as follows: 

 

SECTION 2.  23.19.120  DEFINITIONS.

 

(a)  “Agricultural Commissioner” means the County Agricultural Commissioner for the County of Marin or designated agent, employee..

 

(b)   (b)  “Antimicrobial agent” means any substance or mixture of substances intended for prohibiting the growth of, or destroying, any bacteria, fungi pathogenic to humans or other animals, or viruses declared to be pests under the California Food and Agricultural Code Section 12754.5, except slime control agents, substances intended for use in or on humans or other animals, and use in or on processed food, beverages, or pharmaceuticals. Antimicrobial agents include, but are not limited to, disinfectants, sanitizers, bacteriostats, sterilizerssterilizers, fungicides and fungistats applied to

(b)  inanimate surfaces, and commodity preservatives and protectants applied to raw materials or manufactured products.

 

 

 

(c )  “Board” means the Marin County Board of Supervisors and “Supervisor” means a member of the Board of Supervisors.

 

(d )  “Contract” means a binding written agreement, including but not limited to a contract, lease, permit, license or easement, between a person, firm, corporation or other entity, including a governmental entity, and a County department, which grants a right to use or occupy property of the County of Marin for a specified purpose or purposes, or requires that the pesticides be applied.

 

(e)  “County IPM plans” means IPM implementation plans recommended by the IPM Commission developed in cooperation with County departments, IPM Coordinator, and approved by the Board..

 

(f)  “Contractor” means a person, firm, or corporation or other entity, including a governmental entity, that enters into a contract as defined in (d ) of this  section (2) © with a County department.

 

(g)  “County department” means any department of the County of Marin and includes pesticide applicators hired by a County department to apply pesticides on County property..  County department does not include any other local agency or any federal or state agency.

 

(h)  “Integrated Pest Management” and “IPM” mean a decision-making process for managing pests that uses monitoring to determine pest injury levels, and combines, biological, cultural, mechanical, physical, and chemical tools and other management practices to control pests in a safe, cost effective, and environmentally sound manner that contributes to the protection of public health. minimize health, environmental, and financial risks.   This method uses extensive knowledge about pests, such as infestations(,), thresholds, life histories, environmental requirements, and natural enemies to complement and facilitate biological and other natural control of pests.  The method involves the uses the least toxic synthetic pesticides only as a last resort for controlling pests use of non-chemicalnonchemical pest control methods and the careful use of least-toxic chemical methods when non-chemical methods have been exhausted or are not feasible.

 

         (i)  been considered and evaluated.

 

Pesticide” means pesticide as defined in Section 12753 of Chapter 2 of Division 7 of the California Food and Agricultural cCode.

 

(j )Pesticide applicator means any person or company hired by a County Department  whoto appliesy pesticides to property owned and/or managed by the County of Marin.

 

 (k ) 

 

“Toxicity Category II, II, III, IV product means any pesticide product meeting the appropriate toxicity categories and bearing on the front label panel the word Danger, Warning, or Caution, as specirfied in Title 40 of the Code of Federal Regulations.  Pesticide Product” means any pesticide product that meets United Stated Environmental Protection Agency criteria for Toxicity Category I under Section 156.10 of Part 156 of Title 4 of the Code of federal regulations.

 

“Toxicity Category II Pesticide Product” means any pesticide product that meets United States Environmental Protection Agency criteria for Toxicity Category II under section 156.10 of Part 156 of the Code of Federal Regulations.

 

Section IV.  Section 23.19.130 of the Marin County Code shall read as follows.

 

SECTION 3:  23.19.130  PESTICIDE USE REDUCTION AND GUIDELINES

FOR PESTICIDE SELECTION

.

(a)  Except for pesticides granted an exemption pursuant to Section 23.19.190, effective January 1, 1999, no County department should use any Toxicity Category I or Toxicity Category II Pesticide product, any pesticide product containing an ingredient known to the State of California to cause cancer, developmental toxicity, or reproductive toxicity pursuant to the California Safe Drinking Water and Toxic Enforcement Act of 1986; any pesticide product containing an ingredient classified by the United States Environmental Protection Agency as a human carcinogen, probable human carcinogen, possible human carcinogen, reproductive toxin, or developmental toxin.

 

(b)  At such time that the United States Environmental Protection Agency or the California Environmental Protection Agency identify certain additional chemicals as known, probable, or possible disrupters of the endocrine system, the IPM Commission shall  recommend to the Board of Supervisors that the Board of Supervisors prohibit the use by County departments of pesticide products that contain these chemicals unless an exemption is granted pursuant to Section 23.19.190.

 

      (c ) 

Except for pesticides granted an exemption pursuant to Section 9, effective January 1, 1998 1999, no County department shall use any Toxicity Category I Pesticide Product, any pesticide containing an active ingredient  chemical identified by or intentionally added inert ingredient known to the State of California as a chemical known to the State to cause cancer, developmental toxicity, or reproductive toxicity pursuant to the California Safe Drinking Water and Toxic Enforcement Act of 1986; , and any pesticide product  containing an active ingredient or intentionally added inert ingredient classified as a proven human carcinogen by the United States Environmental Protection Agency as a human carcinogen, probable human carcinogen, possible human carcinogen, reproductive toxin, or developmental toxin;  and any chemical classified by the United States Environmental Protection Agency or the California Environmental Protection Agency as a known, probable or possible disrupter of the endocrine system. , Office of Prevention, Pesticides and Toxic Substances.

 

Except for pesticides granted an exemption pursuant to Section 9, effective January 1, 1999, 2000, no County department shall use any Toxicity Category II pesticide product.

 

By January 1,, 2000, 20041, the County of Marin the  County of Marin shall reduce its total yearly pesticide pesticide use by 75 percent (75%) by weight, as compared to total pesticide use in 1997 except as directed by approved County IPM plans.. 

 

(d)  For the purposes of Section 23.19.130 (c ), the total pesticide use by the County Department of Parks, Open Space, and Cultural Services shall not include the pesticide use in the following areas:  CSA-9 Northridge; CSA-17 Sir Francis Drake Boulevard, Creekside Park, and Bon Air Road; CSA 18 Adrian Rosal Park, Candys Park, and Pueblo Park; Fairfax Library; Novato Library, Rush Creek Lighting and Landscape District; Strawberry Point Lighting and Landscape District; Flood Zone 4 Pump Stations; and Flood Zone 9 Pump Stations, Civic Center Dog Park, and the McInnis Park Golf Center. The IPM Commission shall set a pesticide use reduction target for these areas in consultation with the Department of Parks, Open Space, and Cultural Services.

 

(e)  Any County Department may request amendments to the approved County IPM plans.  The IPM Commission will act upon those requests in a timely manner, at a properly noticed public hearing.  The IPM Commission shall forward its recommendations regarding requests for amendments to the Board of Supervisors for considerations.  The Board of Supervisors shall act upon the IPM Commission’s recommendation.  Any amendment to an IPM plan will require approval by the Board of Supervisors.  Category III pesticide use by 50 percent (50%) by weight as compared to total pesticide use in 1998.

 

(f)  Category IV Pesticides shall be evaluated on a case by case basis for specific risks associated with use.  The IPM Commission shall establish a list of reduced-risk Category III and IV pesticides that are consistent for use in a least-toxic IPM program.  These pesticides  shall be exempt from sections 23.19.130(c ).

(a)             The availability of alternatives shall be evaluated.

 

   Section V. Section 23.19.140 of the Marin County Code shall read as follows:

 

SECTION 4.  23.19.140  DESIGNATION OF INTEGRATED PEST MANAGEMENT (IPM) COORDINATOR.

 

 

The County Agricultural Commissioner is designated the Integrated Pest Management (IPM) Coordinator.  The IPM coordinator will be primarily responsible for implementing the County IPM policy.

 

 

Section VI.  Section 23.19.150 of the Marin County Code shall read as follows:

 

        SECTION 5. 23.19.150 CREATION AND PURPOSE OF AN INTEGRATED PEST

MANAGEMENT (IPM) COMMISSIONITTEE.

 

(a)  The Marin County Board of SupervisorsIPM Coordinator shall convene an Integrated Pest Management Committeession to oversee implementation of the Marin County IPM policy and County IPM plans and advise and make recommendations to the IPM cCoordinator and the Board of Supervisors as needed..

 

(b)  The IPM Commissioncommittee shallwill consist of at least eleven persons and will include the following representatives appointed by and reporting to the Marin County Board of Supervisors.   Each will serve a three year, rotating term and is eligible for reappointment: a representative from each department that submits purchase requests for  who handles pesticides or contracts for professional services with a pesticide applicator;  at least one person with substantial practical experience in IPM implementation from a university of private organization;  member of the University of California Cooperative Extension with practical IPM experience; one representative from the Health Council of Marin;  one representative from the department of Environmental Health , the county Health Officer or designated agent; one Licensed Pest Control Advisor or Qualified Applicator, or Structural Pest Control Operator;  a Landscape Architect or a Landscape Maintenance Gardener;  one member Marin County Farm Bureau; the County Agricultural Commissioner or designated agent;   one physician familiar with the effects of pesticides on human health;  and at least 3 members of environmental or community organization concerned with pesticide use.

(1)   The Director of the Marin County Department of Public Works or designee..

(2)   The Director of the Marin County Department of Parks, Open Space and Cultural Services or designee..

(3)   A representative of the Health Council of Marin or designee familiar with effects of pesticide and chemicals on health.

(4)   A licensed pest control applicator or pest control advisor who is supportive of least-toxic IPM practices and is not a county employee.

(5)   The Marin County Health Officer or designee.

(6)   A representative of the University of California experienced and educated in IPM practices. 

(7)   At least five (5) persons, one appointed by each Supervisor, representing the community at large,  recognized environmental  and/or health organizations.

 

(c )  The IPM Coordinator and IPM Ccommissionttee will annually evaluatereview  pest management by County departments with regard to the approved County IPM plans and with respect to the purpose and policy of the Marin County IPM Ordinance.on a

 

 quarterly basis and make recommendations to the departments regarding less-toxic alternatives reduced-risk pest management and for pest control. alternatives.  The IPM Coordinator shall receive copies of all written recommendations made to department by the committee.(d)  The IPM Commission shall meet no less than four times per year.  All meetings shall be properly noticed and time will be allowed for public comment.

Consistent with the IPM ordinance provisions, the IPM Commission shall work together to ensure that all decisions follow the Board of Supervisors purpose and policies.

 

(e)  Pest management decisions shall be based on the best science and data that are available.

 

(f)  The Commission shall ensure that the decisions and positions taken are clear to affected departments.

 

(g)  Decisions, guidelines and actions must be clearly and fully communicated in a manner that facilitates informed review by all affected departments.

 

 

(h)  Where there must be selections among competing or alternative approaches or interpretations in implementing the ordinance, alternatives shall be fully presented and explained before moving forward.

 

(i)  Implementation of the ordinance will require transition to new pest management strategies for certain pesticide users.  The Commission shall work together to address transition challenges in future years.

 

(j)  To the extent permitted by ordinance and consistent with public health protection, the Commission shall implement the IPM ordinance in a way that ensures that affected pesticide users and other affected constituencies have the time, technological assistance, and support they need for transition to new and effective pest management strategies.

 

(k)  IPM Commission shall identify effective and safe substitutes to pesticides that may present unacceptable risks and shall devote appropriate time in the field to understand transitional conditions.

 

(l)  IPM Commission shall assist County Departments in developing strategies and securing adequate funding and  resources to make IPM successful.

 

(m)  IPM Commission shall, if necessary, identify appropriate measures that further streamline the process for responding to emergency pest management challenges.

 

(n)  IPM Commission shall explore creative, common-sense approaches for achieving transitions to least-toxic pest control, including prioritizing the elimination of pesticides for which safe alternatives are already available.

 

(o)  IPM Commission shall consult with and seek input from affected groups where appropriate, including user groups, pesticide manufacturers, environmental and  public health organizations, local, state, and federal agencies, and others concerned about ordinance implementation.

 

 

Section VII.  Section 23.19.160 of the Marin County Code shall read as follows:

 

SECTION 6. 23.19.160   NOTIFICATION OF PESTICIDE USE.

 

(a)  Except as provided in subdivisions (b) through (e) hereof, wWithin one hundred and twenty (120) days of the effective date of this ordinance, any County department that uses any pesticide shalouldl comply with the following notification procedure:

 

(1)  Signs should be posted at all usual public and employee entry points where the pesticide is applied in an enclosed area, and posted at all usual points of entry to the treated area if the pesticide is applied in an open area, and pursuant to State or Federal law, regulation and by product label instructions.  Signs should be posted four (4) days in advance of application, and remain in place for  four (4) days following application.  Signs should contain the name and active ingredient of the pesticide product, the target pest, signal word indicating the toxicity category of the pesticide product, or the actual date of applications, the re-entry interval as determined by the product label or regulation, and the name and contact number for the County department responsible for the application.hall be posted at least four days before application of Category I and II the pesticide product and remain posted at least four days after application of the pesticide.  Signs shall be posted immediately prior to application of Category III and IV pesticide products and remain posted for at least 2 days after application of pesticide.     Signs should be of a standardized design that are easily recognizable to the public and workers.

 

(2)Signs shall be posted (a) at every  nearest entry point where the pesticide is applied in an enclosed area, and (b) posted  so that they are in highly visible at all usual points of entry to the treated area locations around the perimeter of the area where the pesticides are applied if the pesticide is applied in an open area  For the Marin County Civic Center, a signboard that explains that pesticides are used in the building as part of an IPM program should be located near each of the primary entrances. .

 

Signs shall be of a standardized design that are easily recognizable to the public and workers.

 

 Signs shall contain the name and active ingredient of the pesticide product, the target pest, signal word indicating the toxicity category of the pesticide product, the date of application, the date of re-entry interval to the area treated, and the name and contact number for the County department responsible for the application.

 

For the Marin Civic Center, a signboard that explains that pesticides are used in the building as part of an IPM program shall be located near both of the primary entrances.  Information on all pesticide applications within the Civic Center, and not covered in subsections (b) through (e) of this section, shall be posted on the signboards, and shall include the information described in subsection (a) (4) of this section.

(b)  County departments using pesticidal baits shall not be required to post signs in accordance with subsection (a).  However, each County department that uses pesticidal baits should post a permanent sign (1) in each building or vehicle where the baits are used, (2) at the County department’s main office or a similar location where the public obtains information regarding the building or vehicle, and (3) when baits are used outdoors to control rats and other pests, in a conspicuous location outside of the area where the baits are used.  The sign shall indicate the name and active ingredient of the baits used in and around the building or vehicle, the target pests, the signal word indicating the toxicity category of the pesticide product, and the contact number for the County department responsible for the bait application.

 

(c )  County departments shall not be required to post signs in accordance with section (a) in (1) right-of-way locations that the general public does not use for recreation or pedestrian purposes; (2) pesticidal bates, including rodenticides.  However, each County department that uses pesticides in such right- of- way locations, shall develop and maintain a public access telephone number about these pesticide application in right-of-way areas.  Information readily available by calling the public access number shall include the following information for any pesticide that will be applied within the next four days or that has been applied within the last four days:  a description of the area of the pesticide application, the name and active ingredient of the pesticide product, the target pest, the estimated date of pesticide use, the signal word indicating the toxicity category of the pesticide product, the re-entry period of the area treated, and the name and contact number for the County department responsible for the application.  Information about the public access telephone number shall be posted in a public location at the County department’s main office.

 

(d) 

(a) County departments using pesticidal bates shall not be required to post signs in accordance with subsection (a).  However, each County department that uses pesticidal baits shall post a permanent sign (1) in each building or vehicle where the baits are used, (2) at the County department’s main office or a similar location where the public obtains information regarding the building or vehicle, and (3) when baits are used outdoors to control rats and other pests, in a conspicuous location outside of the area where the baits are used.  The sign shall indicate the name and active ingredient of the baits used in and around the building or vehicle, the target pests, the signal word indicating the toxicity category of the pesticide product, and the contact number for the County department responsible for the bait application

 

© County departments may obtain authorization from the IPM Ccoordinator to apply a pesticide without providing a four day advance notice in the event of a public health emergency, or to comply with worker safety requirements.  Signs meeting the requirements of subsection (a) (2) through subsection (ab) (4) shallshould be posted when authorization is given at the time of application and remain posted four days following the application.  The Agricultural CommissionerIPM Coordinator shall report communicate all such exemptions to the IPM CommissionCommittee at their next scheduled meeting.

 

(e)  (d) The IPM Coordinator may grant exemptions to the notification requirements for certain other specific one-time uses upon a finding that good cause exists to allow an exemption to the notification requirements.  The IPM Coordinator shall report all exemptions granted pursuant to this subsection to the IPM CommissionCommittee at their next scheduled meeting.

 

(f)  (e)  The IPM CommissionCommittee may authorize permanent changes in the way County departments notify the public about pesticide use in some specific circumstances.  Prior to granting an exemption pursuant to this subsection, the County department requesting the exemption shall identify the specific situations in which it is not possible to comply with the notification requirements and propose alternative notification procedures.  A County department applying pesticides for which an exemption is granted pursuant to this subsection(e) shall report any pesticide usage to the IPM Committee within 30 days of application. At their next scheduled meeting.

 

Section VII. Section 23.19.170 of the Marin County Code shall read as follows:

 

SECTION 7:  23.19.170 IMPLEMENTATION OF COUNTY INTEGRATED PEST MANAGEMENT POLICY.  

 

         (a) 

(a)         The IPM Commission shall recommend to the Board of Supervisors County IPM plans and provide IPM plan amendments to implement County IPM policy.  IPM plans approved by the Board shall constitute the basis for pest management and pest reduction by County departments.

 

         (b)  

The IPM Coordinator and the IPM CommissionCommittee shall assist County departments in implementing the County IPM policy by developing an IPM education and training program to educate the public and County Employees about the County IPM policy, principles of IPM,, and non-toxic alternatives for pest management.

 

(c ) To augment this educational program, and to evaluate implementation of the IPM policy, the IPM Coordinator shall collect information on the efficiency of alternatives used by County departments.  County departments that use or contract for pesticide use shall submit to the IPM Ccoordinator and the IPM Commission, for review and recommendations, their proposeda IPM plan for implementing the County Integrated Pest Management (IPM) policy .no later than November 1, 1999 for the fiscal year 2000/2001.  IPM plans shall address pesticide applications performed at the request of the County departments.   Each department , at the end of the fiscal year, shallwill prepareconduct an annual summary and evaluation of its IPM program, due no later than November 1st of each succeeding year, covering the previous fiscal year’s activities and outlining plans for the next fiscal year.and recommend improvements to the coordinator.

 

(a)   (d)  Within ninety (90) days of the effective date of this chapter, each County department that uses pesticides or contracts with pesticide applicators to apply pesticides shall submit to the IPM Coordinator a plan for implementing the County Integrated Pest Management   (IPM) policy.  Each department, in cooperation with the IPM Committee, will conduct an annual evaluation of its IPM program and determine if improvements should be made.  The IPM implementation plans and any annual updates shall be consistent with the requirements of this Chapter and any guidelines developed by the IPM Coordinator.

 

(a)   A County department IPM implementation plan shall outline the way in which the County department shall comply with the County IPM Policy in Section (1) ©.  IPM implementation plan shall cover pesticide applications performed by pesticide applicators at the request of the County department. © The annual summary and evaluationIPM implementation plan shall contain a list of the types and quantities of chemicals used in the previous year, the types of pest problems, the alternatives adopted to date, and the alternatives proposed for adoption within the next year.

 

(e)  (d) Each department shall designate a department Pest IPM Manager to coordinate the adoption of a department IPM program and the scheduling of pest control services for their sites, including those performed by pesticide applicators, and to provide management of structural repairs, modifications, sanitation, and maintenance, and employee education..

 

(f)  At the request of the IPM Committee, the IPM coordinator may determine that a County department’s IPM implementation plan is not in conformity with the County IPM policy.  Upon a determination of nonconformity, the County department shall submit a revised plan to the IPM committee in accordance with a schedule established by the IPM Coordinator.  (e) The IPM cCoordinator and IPM Commission shall evaluate and make recommendations covering County IPM plansdepartment implementation plans and may recommend that departments to revise their plans if necessary to conform with this chapter..

 

(g)  No later than July 1, 1998, and semi-annually thereafter, the IPM Coordinator shall report to the IPM Committee on the status of the County department’s efforts to implement the County IPM policy.  (f) The IPM Coordinator  shallwill  communicate with the IPM Commission on  provide an annual quarterly basis on the status of the County department’s efforts to implement the review to the Board of Supervisors on the status of the County department efforts.  County IPM programpolicy.

 

(h)  The IPM Coordinator shall prepare an annual report to the Board of Supervisors on the status of the County IPM program.

 

 

          Section IX.  Section 23.19.180 of the Marin County Code shall read as follows:

 

SECTION 8.  23.19.180  RECORDKEEPING OF PESTICIDE APPLICAITONS.

 

(a)   Each County department that uses pesticides shall keep records of each pesticide application.  Each application record shall include the following information:

 

(1)  Tthe target pest.

 

(2)  tThe type and quantity of pesticide product used, including the complete EPA registration number.

 

(3)  Tthe site of the pesticide application.

 

(4)  Tthe name of the pesticide applicator.

 

(5)  Tthe date the pesticide was used.

 

(6)  Tthe application equipment used.

 

(7)  The last known date of prior pesticide application at the same site.

 

(b)   Application records shall be made available to the public upon request in accordance with all applicable state and County laws governing public access to information.

 

(b) Members of the public shall be entitled to 50 free pages of photocopied documents per month, and may only be charged for the direct cost of duplication for additional pages.

 

 

Section X.  Section 23.19.190 of the Marin County Code shall read as follows:

 

SECTION 9. 23.19.190   EXEMPTIONS.

 

(a)  Notwithstanding any other provision of this chapter, this chapter shall not apply to the use of pesticides for the purpose of improving or maintaining water quality at drinking water treatment plants, wastewater treatment plants, reservoirs, and related collection, distribution, and treatment facilities.

 

(b)  Notwithstanding any other provision of this chapter, this chapter shall not apply to the use of microbial agents.

 

(c )  A cCounty department may apply to the IPM CommissionCommittee coordinator for a limited use exemption for a particular of pesticide that is not allowed under Sections 3 23.19.130 (a) and 3 (b).  Upon the filing of a complete application, the IPM CommissionCommittee coordinator may grant a limited-use exemption provided that the IPM CommissionCommittee coordinator finds that the County department will use the pesticide for a specific and limited purpose for a defined period of time;  that the department has already investigated all other options;  that the department has identified a compelling need to use the pesticide;  and the department has a plan to eliminate the use of  this pesticide in the near future.

 

 

(d)   The IPM Coordinator may grant a limited use exemption on an emergency basis provided that all criteria in section 23.19.190(9) (c )© are met, and that the County department  applying for the exemption demonstrates a compelling need to grant

 the exemption prior to the next regularly scheduled meeting of the IPM       CommissionCommittee.

 

 

(e)  The IPM Coordinator shall  report forward all exemptions to the IPM CommissionCommittee, and shall include in his quarterlysemi-annual communicationreport required by section 23.19.1707 (g) the total number of emergency exemptions requested by County departments or contractors and the number granted.

 

(f)  The IPM Coordinator shall communicate in writing all exemptions granted during the year at his/her annual report to the Board.

 

 

Section XI.  Section 23.19.200 of the Marin County Codes shall read as follows:

 

SECTION 10. 23.19.200  IPM CONTRACTS

 

Effective January 1, 2000, all contractors shall be required to comply with sections 23.19.110, 23.19.130, 23.19.160, and 23.19.180.

 

This section shall not be construed to violate the terms of any existing County contracts as of its date of enactment.

 

(a)  Effective January 1, 2001, contractors who utilize pesticides on County owned amd/or managed property shall submit to the County department and the IPM Coordinator, an implementation plan that lists the types and estimated quantities, to the extent possible, of the pesticides that the contractor may need to apply to County property during its contract, outlines the actions the contractor will take to meet County IPM policy, and identifies the primary IPM contact for the contractor.As of the effective date of this section, when a County department enters into a new contract or extends the terms of an existing contract, the contract shall obligate the contractor to comply with the terms of section 8 (a).

 

(b)  Effective,  January 1, 1998, 1999, the contractor shall comply with sections 3, 6, and 8.

 

Effective January 1, 1999, 2000, the contractor shall submit to the County department and IPM Coordinator, an IPM implementation plan that lists the types and estimated quantities, to the extent possible, of the pesticides that the contractor may need to apply to County property during its contract, outlines actions the contractor will take to meet County IPM policy, and identifies the primary IPM contact for the contractor.

 

As of the effective date of this section, when a County department enters into a new contract or extends the term of an existing contract with a pesticide applicator that authorizes the application of pesticides to County-owned or County-managed property, the County Department   shall submit an IPM implementation plan update to the IPM Coordinator that incorporates   the pesticide usage of the contractor into the County department’s IPM implementationn     plan.

 

(c )  Within one  (1) year of the effective date of this section, all County contracts with pesticide applicators shall be reopened for bidding, unless the terms of existing contracts dictate otherwise.

 

(1)  The IPM Coordinator shall, in consultation with the IPM CommissionCommittee, prepare a request for qualifications (RFQ) to ensure that only contractors with demonstrated experience in integrated pest management will submit proposals for the County pest control contractssubsequent bid process.  All potential bidders shall be required to respond to the RFQ.

 

(2)  The IPM Coordinator and CommissionCommittee shall develop and approve a list of criteria and shall determine which respondents are qualified per the same.  qQualified contractors shall be maintained on a, list by the IPM Coordinator and they will be invited to submit proposals.  This list of qualified contractors shall be refreshed at least every two (2) years.   and they will be invited to submit proposals.  The IPM Coordinator shall prepare a request for proposals (RFP) or assist a department in preparing a RFP which includes detailed information about the County IPM policy.  RFP participants shall be entitled to a site tour.

 

(3) The IPM Coordinator shall assist the County departments in selecting among RFP participants tsas needed.  Final decision rests with County departments.

 

(d)  A contractor, or any department on behalf of a contractor, may apply for any exemption pursuant to Section 9.23.19.190.

 

(e)  Any contractor found to be in violation of the intent of this ordinance while doing business with the county will be given the appropriate warning in wring and 30 days to do corrective action.  The contractor will be entitled to a hearing, at the contractor’s request, at the next scheduled IPM Commission hearing.  If compliance is not forthcoming then said contractor may be removed from the qualified contractors list and the current contract revoked.  Such contractors shall be allowed to reapply for the qualified contractors list when it is refreshed, unless there have been three prior violations.

 

Section XI.  Section 23.19.220 of the Marin County Code shall read as follows:

 

 

SECTION 11.23.19.220    GUIDELINES.

 

The IPM Coordinator may issue guidelines to assist County departments in the implementation of this chapter.

 

Section XIII. Section 23.19.230 shall read as follows:

 

23.19.230 NO CRIMINAL PENALTIES OR SANCTIONS.

 

The provisions of Section 1.04.160, 1.04.170, 1.04.180, 1.04.210, 1.04.220, 1.04.230, 1.04.250, 1.04.260, 1.04.270, and Chapter 1.05 of the Marin County Codes shall not apply to this Chapter : nor shall any person, or government official, board, commission, or agency, be responsible for any criminal penalties for any violation of this chapter.

           

23.19.230 NO CIVIL LIABILITY FOR VIOLATIONS OF THIS CHAPTER.

 

This chapter and the provisions thereof are directory, and are intended to set forth goals for pesticide use reduction of the County of Marin and the methods by which the County of Marin intends to meet the goals set forth herein, and are not intended to create standards of civil liability for the acts or failure to act of the County and/or its employees and contractors.  No person, government official, board, commission, or agency, shall be liable in any civil action or proceeding for damages for violation of any of the provisions of this chapter.

 

SECTION XII.  PUBLICATION

 

This ordinance shall be and is in full force and effect as of thirty (30) days from and after the date of its passage and shall be published once before the expiration of fifteen (15) days after its passage, with the names of the supervisors voting for and against the same in the INDEPENDENT JOURNAL, a newspaper of general circulation published in Marin County.

 

PASSED AND ADOPTED   at the regular meeting of the Board of Supervisors of the County of Marin, State of California, held on the _____ day of  __________, 1998, by the following vote:

 

 

AYES:

 

NOES:

 

ABSENT:

 

                  ________________________________

                  President of the Board of Supervisors

ATTEST:

 

 

_________________________________

Clerk

 

 

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