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.