Pesticide and Fertilizer Task Force — Portland, ME
Date: 2016-12-06

City of Portland
 Pesticide and Fertilizer Task Force
 December 6, 2016
 6:15 PM
 Council Chambers

 AGENDA




 1. Welcome and Introductions (5 minutes)

 2. Review and approve minutes (5 minutes)

 3. Presentation of Draft Ordinances (15 minutes)

 4. Discuss Draft Ordinance s (85 minutes)

 5. Discuss Next Steps (10 minutes)

 6. Adjourn


Please refer to the committee web page for background documents:

http://www.portlandmaine.gov/1774/Pesticide-and-Fertilizer-Task-Force
 City of Portland
 Pesticide and Fertilizer Task Force
 November 1st, 6:15 – 8:30 PM
 Room 24 Minutes

Task Force Members Present: Councilor Mavodones, Joe Staples, Avery Kamila, Rachel Bouvier, Deven
Morrill, Jesse O’Brien, Cathy Ramsdell, Wendy Harmon, Bob Searle, Fred Dillon

Task Force members absent: Tom Estabrook and Seana Cullinan
Staff Present: Troy Moon and Danielle West-Chuhta

 1. Welcome and Introductions

 Councilor Mavodones called the meeting to order at 6:15 PM. Task Force members and staff
 introduced themselves.

 2. Review of Minutes

 Deven Morrill asked about the format of the minutes, Troy Moon explained that different
 people have been the minute keepers throughout the task force and therefore formatting looks
 different. Deven Morrill moved to approve the minutes, it was second, all in favor.

 3. Introduction of the Revision to Pesticide Ordinance (Troy Moon)

 Troy introduced the changes that were made to the draft presented on 11/1. The changes
 included removing certain pesticide lists from the ordinance specifically the OMRI lists. The
 definition of Integrated Pest Management was made more robust and clear. Lastly, there are 2
 versions of the draft presented tonight, one with a waiver provision and process and another
 without the waiver provision and process. The group is divided on many issues, therefore two
 drafts seemed warranted.

 4. Discussion, Comments, and Questions regarding the new draft(s)

 General comments
  Would like to see the IPM sustainability ordinance incorporated into the new ordinance
 more.
  Would like to see a draft that has more “tooth”.

 Purpose
  It was explained to the group that the purpose does not have an impact on the effect of the
 ordinance.

 Definitions
  Some words that are defined are not found elsewhere in the ordinance and therefore
 should be taken out .
  Discussion of whether IPM should be replaced with OPM as well as the benefits of an
 organic pest management ordinance over an integrated pest management ordinance.
 o The group is very split on this.
  Invasive species was discussed as the term that should be used rather than invasive species,
 pest, and insect. There was group consensus on using an all encompassing term.

 National List
  There are issues between the group on what pesticide lists should be referenced in the
 ordinance, many lists have different standards and products are always changing.
 o A sub committee was formed including Avery, Deven, and Jesse to determine which
 list would be best.
  The committee will meet before the next meeting and make a
 determination.

 Advisory Committee
  Group agreed that the language of the advisory committee is an improvement from the last
 meeting.
  Some members would like the education portion of the committees duties to be fleshed out
 more.
  Everyone agrees that education and awareness is important.
 o People use pesticides because they feel a threat to their property, but it is not
 always as big of a problem as they think it is, or they spray not understanding the
 pest problem fully.
  Group is asking for a fiscal note regarding the committee.
 o Fiscal note will differ if the committee is responsible for deciding on waivers or not .

 Applicability
  Group members were in favor of increasing the shoreline buffer zones .
  There is disagreement about the applicability being too broad and others saying it is not
 applicable to enough.

 Exemptions
  Many members found issue that a lot of city property was exempt.
 o City is protecting its own interests.
 o City is not leading by example by exempting their own lands.
  Some of the exemptions are justified because they have different use/needs than residential
 lawns.
  Eliminating right of way praying will require a fiscal note, because the city will need to
 manage those areas rather than the state or utility companies.

 Waivers
  This process should be expedient.
  Group members wanted more information on the criteria that would result in a waiver
 being granted.
  Some group members believe that if a resident is denied a waiver they will do something
 about the pest problem anyway.

5. Additional Business
  Information was presented to the group regarding Maine Board of Pesticides complaint and
 violation rates.
 o Average 4 complaints per year resulting in 2 violations per year
Meeting Adjourned at 8:30pm
 Executive Department
 Jon P. Jennings, City Manager

To: Councilor Mavodones and members of the Pesticide and Fertilizer Task Force
From: Troy Moon, Sustainability Coordinator
Re: Materials for the Pesticide Task Force Meeting, Dec. 6
Date: 12/2/2016
_______________________________________________________________________________

In preparation for our meeting on Tuesday staff has prepared two draft ordinances for the Task
Force to review. The first represents an attempt to codify the principles of Integrated Pest
Management for treatment of landscapes on both public and private property. The second closely
mirrors the ordinance adopted by the City of South Portland that prohibits the use of synthetic
pesticides unless an individual applies for and is granted a waiver from a City board designated for
that purpose. For purposes of discussion, we have created a summary of the key aspects of each
one:

IPM Approach:

 ● Applies to public and private property
 ● Only licensed applicators would be permitted to apply chemical pesticides
 ● Codifies a hierarchy of practices that prioritizes non-pesticide landcare treatments and allows
 use of pesticides only after other approaches have proved ineffective.
 ● Requires notification to the City whenever chemical pesticides are used to be reviewed by an
 IPM advisory committee
 ● The committee would also assist with the development of education and outreach material,
 review the efficacy of the ordinance, and develop threshold guidelines for treatment of
 common pests and invasives.
 ● Includes a significant education and outreach effort
 ● Exempts Riverside Golf Course, Hadlock Field, utility ROW


South Portland Style Approach:

 ● Applies to public and private property
 ● Prohibits the use of synthetic pesticides unless specifically allowed and allows the use of
 organic pesticides unless specifically prohibited
 ● Creates a waiver process where land managers can apply to use chemical pesticides in
 certain, limited circumstances
 ● Establishes a Pesticide Management Advisory Committee to create a robust educational
 program, develop a training program for retailers, provide advice to the City regarding


 1
 implementation of the ordinance, encouraging broad public participation in activities of the
 Committee, conduct evaluation of efficacy of the ordinance
 ● Establishes a subcommittee of the PMAC called the Waiver Committee that is required to
 rule on waiver requests within 5 days
 ● Includes a significant education and outreach effort
 ● Exempts applications of chemical pesticides used to protect public health and safety ;
 exempts Audubon Certified golf courses.

The Task Force requested information about the financial and staff resources that would be required
to implement an ordinance. We have gone through the text of both ordinances prepared for the
Dec. 6 meeting an attempted to create an estimate. Doing so has required us to make a number of
assumptions which we have identified as part of the discussion.

IPM Ordinance

IPM Advisory Committee
6 meetings per year / 2 hours per meeting
 Meeting prep and follow up / 3 hours per meeting
Estimated annual staff time required: 30 hours

Enforcement
Complaint driven
1 complaint per month, April - October
 Investigate / Respond to complainant and alleged offender / 2 hours each incident
 Provide education and guidance to violators / 2 hours per month April - November
Estimated annual staff time required: 28 hours

Administration
Receive, review, and manage reports of pesticide use
 Unknown number of reports to process
Estimated annual staff time: 6 hours

Outreach and education
 Creation and distribution of materials, attending public meetings
Estimated annual staff time: 25 hours

 Total estimate of staff time commitment: 89 hours per year


South Portland Style Ordinance

PMAC meetings
Staff liaison assigned to committee (Stormwater Coordinator)
 12 meetings per year / 2 hours each
 Meeting prep and follow up / 3 hours each
Annual Staff Time Required: 60 hours (assuming the Stormwater Coordinator is the only staffer)

 2
Waiver Committee: Staff liaison assigned (Stormwater Coordinator)
 2 meetings per month / April - October
 14 meetings per year / 1 hour each
 Meeting prep and follow up / 1 hour each
Annual Staff time required: 28 hours

Appeals
1 per month / April - October
Staff liaison and City Manager
 7 meetings per year / 30 minutes each
 1 hour prep and follow up for each appeal
Annual Staff time required: 10.5 hours

Enforcement
Complaint driven
 (Assume 1 per month, April - November)
 Investigate and report violations / 2 hours per month April - November
 Provide education and guidance to violators / 2 hours per month April - November
 Maintain database and website / 1 hour per month April - November
Estimated Annual Staff time required: 35 hours

Administration
Maintaining list of licensed applicators in the City
 Receiving and filing annual reports from Licensed Applicators
 Following up with late filers
Estimated Annual staff time required: 6 hours

Outreach and education
 Creation and distribution of materials, attending public meetings
Estimated annual staff time: 25 hours

 Total estimated annual staff time: 164.5 hours


The South Portland ordinance would place a high demand on City staff because the PMAC would
have fairly extensive duties and would require a large number of meetings. It would also impose a
significant time commitment on individuals appointed to serve as members. As described in the text,
the PMAC would meet “regularly.” For the purpose of this document, we assumed one meeting per
month. In addition, the Waiver Committee would need to meet at least twice per month during the
growing season, possibly more often, to hear and respond to waiver requests within 5 days. (It is the
opinion of our Corporation Counsel that the Waiver Committee would need to meet in person and
properly notice each meeting in order to comply with State law.) Staff time would also be devoted to
any appeals of decisions made by the Waiver Committee.



 3
The IPM advisory committee would be required to meet at least 5 times. For the purposes of this
document we assumed they would meet 6 times per year in order to conduct their business. The
IPM advisory would be required to periodically review documents submitted by firms or individuals
who applied chemical pesticides but would not hear waiver requests. This greatly reduces the time
commitment of staff and appointed members.

For discussion purposes, we have assumed that education and enforcement contemplated in each
ordinance would require similar levels of effort. However the South Portland style ordinance
requires maintenance of a web page noting the locations of properties where ordinance violations
occurred so this accounts for the additional hours estimated for administration.

Financial Resources

The members of the Pesticide Task Force have all noted the importance of a robust public education
campaign to educate the public and retailers about best practices related to low impact landscape
maintenance. For that reason, we assume that both ordinances would require the same level of
financial investment.

 Professional Design Services: $5,000
 Printing of Brochures, Poster, Flyers, and other materials $5,000
 Fees and stipends for consultants and trainers $5,000
 _______________________________________________________
 Total $15,000

We look forward to reviewing these drafts with you on December 6 and working toward a
recommendation to the Energy and Sustainability Committee.




 4
 DRAFT PESTICIDE USE ORDINANCE
 (Based on South Portland Ordinance)


WHEREAS, the State of Maine is one of only seven states, and the
 District of Columbia, that allows local governments to
 restrict the use of pesticides, and so this is an
 opportunity for the City to affect positive change;
 and

WHEREAS, the State of Maine allows for municipalities to enact
 ordinances dealing with municipal affairs pursuant to
 30-A M.R.S.A. §3001; and

WHEREAS, the City of Portland recognizes that there is an
 ongoing need to manage pests to protect public health
 and safety, wildlife, our environment and City assets;
 and

WHEREAS, many synthetic pesticides are harmful to humans, pets,
 wildlife, including threatened and endangered species,
 soil microbiology, plants, and natural ecosystems; and

WHEREAS, many citizens desire to be protected from exposure to
 pesticides in the air, water or soil that inevitably
 results from chemical drift and contaminated runoff;
 and

WHEREAS, the use of pesticides known or suspected to cause
 serious health problems is not necessary to grow and
 maintain green lawns and landscapes, given the
 availability of viable alternative practices and
 products; and

WHEREAS, a growing number of communities and municipalities are
 embracing a precautionary approach to the use of
 pesticides in order to adequately protect people and
 the environment from their harmful effects:

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
 PORTLAND That the Portland City Code is hereby amended
 by adding a section, to be numbered Chapter 34,
 Sections 34-1 to 34-14, which said Sections read as
 follows:
 Chapter 34

 PESTICIDE USE ORDINANCE

Sec. 34-1. Title.

 This ordinance shall be known as the City of Portland
Pesticide Use Ordinance.

Sec. 34-2. Purpose.

 The purpose of this ordinance is to safeguard the health
and welfare of the residents of the City and to conserve and
protect the City’s waterways and natural resources by curtailing
the use of pesticides for turf, landscape and outdoor pest
management.

Sec. 34-3. Definitions.

 The following words, terms and phrases, when used in this
ordinance, shall have the following meaning:

 Broadcast application means the spreading of pesticides
over an entire area.

 Commercial Agriculture means the production of crops for
sale, crops intended for widespread distribution to wholesalers
or retail outlets and any non-food crops.

 EPA means the United States Environmental Protection
Agency.

 FIFRA means the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. § 136 et seq.

 Golf course means an area of land laid out for playing the
game of golf with a series of 9, 18 or more holes. Mini-golf
courses are not considered golf courses.
 Golf course playing surfaces means the tees, fairways,
greens and roughs of a golf course.
 Golf course non-playing areas means the areas of golf
courses that are not golf course playing surfaces, such as
lawns, driveways, paths, patios, trees, shrubs, ornamental
plantings and gardens.




 2
 Inert ingredient means any substance (or group of
structurally similar substances if designated by the EPA), other
than an active ingredient, that is intentionally included in a
pesticide product.

 Invasive Species means a plant or insect that is not native
to a particular ecosystem, and whose introduction does or is
likely to cause economic or environmental harm or harm to human
health. Invasive species include those plants listed under the
Maine Department of Agriculture, Conservation and Forestry’s
Natural Areas Program as currently invasive, potentially or
probably invasive, and highly likely but not currently invasive,
as well as those insects listed by the Maine Forest Service as
threats to Maine’s forests and trees.

 Natural, organic or "non-synthetic" means a substance that
is derived from mineral, plant, or animal matter and does not
undergo a “synthetic” process as defined in the Organic Foods
Production Act, 7 U.S.C. § 6502(21), as the same may be amended
from time to time.

 Organic pest management means the extension of the
principles and practices of organic agriculture to the care of
turf and landscape.

 Person means any individual natural person, partnership,
joint venture, society, association, company, club, trustee,
trust or corporation; or any officer, agent, employee, or
personal representative of any thereof, in any capacity acting
either for her or himself or for any other person under either
personal appointment or pursuant to law.

 Pest shall have the same meaning as the term set forth in
40 C.F.R. § 152.5, as the same may be amended from time to time.

 Pesticide means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any
pest; any substance or mixture of substances intended for use as
a plant regulator, defoliant or desiccant. It does not include
multicellular biological controls such as mites, nematodes,
parasitic wasps, snails or other biological agents not regulated
as pesticides by the EPA. Herbicides, fungicides, insecticides
and rodenticides are considered pesticides.

 Pests of significant public health importance means the
pests listed by the EPA, in conjunction with the U.S. Department




 3
of Health and Human Services and the U.S. Department of
Agriculture, as pests of significant public health importance.

 Preemptive application means the application of pesticides
as a measure against something possible, anticipated or feared,
i.e., as a preventive or deterrent measure.

 Public utility means any transmission and distribution
utility, telephone utility, water utility, gas utility, or
natural gas pipeline utility that is subject to the jurisdiction
of the Maine Public Utilities Commission.

 Synthetic means a substance that is formulated or
manufactured by a chemical process or by a process that
chemically changes a substance extracted from naturally
occurring sources, except that such term shall not apply to
substances created by naturally occurring biological processes.

 Water body means any great pond, river, stream or tidal
area as those terms are defined in the City’s Zoning Ordinance,
Chapter 27 of the Code of Ordinances.

 Wetland means a coastal or shoreland freshwater wetland as
those terms are defined in the City’s Zoning Ordinance, Chapter
27 of the Code of Ordinances.

Sec. 34-4. Pest Management Advisory Committee (PMAC).

 (a) The Pest Management Advisory Committee (PMAC) is
hereby established. The PMAC shall consist of seven members as
follows:

 (1) The City’s Stormwater Program Coordinator;
 (2) One practicing agronomist appointed by the City
 Council;
 (3) Two Maine Board of Pesticides Control-licensed
 landscape professionals, at least one of whom has
 experience in organic land care management and is
 accredited by the Northeast Organic Farming
 Association in Organic Land Care, each appointed by
 the City Council; and
 (4) Three resident or taxpayer representatives appointed
 by the City Council.

 The terms of office of the six PMAC members appointed by
 the City Council shall be three year terms, except that the
 initial appointments after the establishment of the PMAC



 4
 shall be such that the terms of office of no more than two
 members shall expire in any single year. The terms of
 office for the City employee PMAC member shall be for as
 long as the employee holds said employment position.

 (b) The duties of the PMAC include serving in an advisory
capacity to the City Council and the Sustainability Coordinator
to oversee this ordinance through the following:

 (1) Advising the City Council and the Sustainability
 Coordinator of any problems encountered or amendments
 that may be required to achieve the full and
 successful implementation of this ordinance;
 (2) Reviewing and acting upon waiver applications when
 applicable;
 (3) In coordination with the Sustainability Coordinator,
 developing and implementing outreach and education as
 specified in this ordinance;
 (4) Seeking the participation, advice and counsel of
 experts in the fields of organic turf and landscape
 management, maintenance of trees and shrubs, and
 organic pest protocol;
 (5) Encouraging broad community participation, from
 parents, schools, advocates, and local arboriculture
 and landscaping businesses, in the activities of the
 PMAC;
 (6) Reviewing annual data and issuing a summary report
 annually to the City Council;
 (7) On or before May 1, 2019, and every three years
 thereafter, conducting an evaluation of this
 ordinance, including a review of pilot project results
 and reporting data, and providing recommendations to
 the City Council and the Sustainability Coordinator
 for any ordinance amendments it deems appropriate; and
 (8) Additional responsibilities as may be deemed necessary
 by the City Council.

 (c) Officers, meetings and records.

 (1) The members shall annually elect a chair from their
 membership. If not provided to the PMAC by the City
 Manager, the members shall also annually elect a
 secretary for the purpose of taking minutes and
 related duties;




 5
 (2) All meetings of the PMAC shall be open to the public.
 Notice of each meeting shall comply with the City’s
 notice policies and Maine’s Freedom of Access Act;

 (3) A quorum shall consist of four members;

 (4) The PMAC shall meet regularly;

 (v) Minutes shall be kept of all meetings and posted on
 the City web page. An annual report of the PMAC’s
 activities shall be submitted to the Energy and
 Sustainability Committee in March of each year; and

 (5) The chair and one other member, at least one of whom
 must be a Maine Board of Pesticides Control-licensed
 landscape professional, shall serve as the Waiver
 Committee, authorized to review and decide waiver
 applications. The PMAC shall annually designate the
 two members who shall serve as the Waiver Committee
 for the ensuing year.


Sec. 34-5. Allowed and exempt pesticides.

 (a) Subject to the applicability dates set forth in Sec.
34-14 herein, for turf, landscape and outdoor pest management
activities in the City, the following shall apply:

 (1) Synthetic substances are prohibited unless
 specifically listed as “allowed” on the U.S.
 Department of Agriculture’s National List of Allowed
 and Prohibited Substances (the “National List”);

 (2) Non-synthetic substances are allowed unless
 specifically listed as “prohibited” on the National
 List;

 (3) Pesticides determined to be “minimum risk pesticides”
 pursuant to the Federal Insecticide, Fungicide, and
 Rodenticide Act (FIFRA) and listed in 40 C.F.R. §
 152.25(f)(1) or (2), as may be amended from time to
 time, are allowed; and

 (4) The use or application of pesticides (whether natural,
 organic, “non-synthetic,” synthetic or otherwise)
 within 75 feet of of a water body or wetland is
 prohibited.



 6
 (b) The following pesticide activities or pesticide
materials are exempt from the provisions of this ordinance (and
so are allowed):

 (1) Commercial agriculture;

 (2) Pet supplies, such as shampoos and tick and flea
 treatments, when used in the manner specified by the
 manufacturer;

 (3) Disinfectants, germicides, bactericides, miticides and
 virucides, when used in the manner specified by the
 manufacturer;

 (4) Insect repellents when used in the manner specified by
 the manufacturer;

 (5) Rat and rodent control supplies when used in the
 manner specified by the manufacturer;

 (6) Swimming pool supplies when used in the manner
 specified by the manufacturer; and

 (7) General use paints, stains and wood preservatives and
 sealants when used in the manner specified by the
 manufacturer.

 (c) The following applications are exempt from the
provisions of this ordinance (and so are allowed):

 (1) Specific health and safety application – Prohibited
 pesticides may be used to control plants that are
 poisonous to the touch, such as poison ivy; pests of
 significant health importance such as ticks and
 mosquitoes; and animals or insects that may cause
 damage to a structure, such as carpenter ants or
 termites;

 (2) Golf course playing surfaces application – Prohibited
 pesticides may be used on golf course playing surfaces
 and on the tees and greens provided that the course is
 designated through Audubon International as a
 Certified Audubon Cooperative Sanctuary;

 (3) Invasive insect application – Prohibited pesticides
 may be used to control the Emerald Ash Borer, Asian



 7
 Longhorned Beetle, Hemlock Woolly Adelgid, Browntail
 Moth and other insects identified as invasive by the
 Maine Forest Service; and

 (4) Right-of-way spraying – Prohibited pesticides may be
 used by a public utility that maintains a right-of-way
 through the City.


Sec. 34-6. Waivers.
 (a) In situations that threaten the public health and
safety or for the control of invasive species that pose a threat
to the environment, persons may apply to the PMAC for a waiver
from the provisions of this ordinance prior to the use of a
prohibited product or prior to the conduct of a prohibited
application.

 (b) The waiver application shall be filed with the PMAC,
on a form prescribed by the PMAC, and shall include the
following: the proposed location(s); details on the timing(s)
of use, substance(s) and amounts to be applied; date(s) of
application; management plan that excludes broadcast and
preemptive applications; a pest identification and threshold
report; and reason for requesting the use/application of a
prohibited pesticide. In order to approve a waiver application,
the PMAC must first find that all of the following criteria are
met:

 (1) A situation exists that threatens the public health
 and safety and/or where invasive species pose a threat
 to the environment;

 (2) The applicant has carefully evaluated all alternative
 methods and materials;

 (3) The applicant will, to the greatest extent practical,
 minimize the impact of the application on abutting
 properties; and

 (4) The grant of the waiver will not be detrimental to the
 public health, safety or welfare.

 (c) Waiver applications must be filed with the Waiver
Committee, with a copy provided to the Sustainability
Coordinator. The Waiver Committee shall act upon a waiver
application within five business days of receipt of a completed



 8
application. Both members of the Waiver Committee must agree
that approval of the application is appropriate in order for the
application to be approved; otherwise, the application is deemed
denied.

 (d) In approving any waiver application, the Waiver
Committee may prescribe conditions and safeguards as are
appropriate to further the purposes of this ordinance. The
decision of the Waiver Committee shall be in writing, with
copies provided to the applicant, PMAC, Sustainability
Coordinator and City Clerk.

 (e) A person aggrieved by a decision of the Waiver
Committee shall have five business days to appeal the decision
of the Waiver Committee to the City Manager. The appeal shall
be in writing and shall state the basis for the appeal. The
City Manager shall act upon the appeal within three business
days of receipt of the appeal. The decision of the City Manager
shall be in writing, with copies provided to the appellant,
PMAC, and the Sustainability Coordinator.


Sec. 34-7. Public Notifications and Signage.

 If prohibited pesticides are to be used/applied through an
exemption pursuant to Sec. 34-5(B)(ii) or through an approved
waiver application pursuant to Sec. 34-6, the following posting
requirements shall be complied with by the property owner or
applicator.

 (a) The owner or applicator shall post warning signs in
compliance with this ordinance. These signs must be posted
before application activities commence and left in place for at
least 48 hours after actual application or until expiration of
the restricted entry interval or reentry time indicated by the
pesticide label, whichever is longer.

 (b) All signs shall be at least five inches high and four
inches wide in size. Signs shall be attached to the upper
portion of a dowel or other supporting device so that the bottom
of the sign is not less than 12" and the top of the sign is not
more than 48" above the ground. The signs shall be of rigid,
weather resistant material substantial enough to be easily read
for at least 48 hours when placed outdoors.

 (c) All notification signs must be light colored (white,
beige, yellow or pink) with dark, bold letters (black, blue or



 9
green). They shall have lettering that is conspicuous and
clearly legible.

 (d) The sign must include the following:

 (1) The word “CAUTION” in 72 point type;

 (2) The words “PESTICIDE APPLICATION” in 30 point type or
 larger;

 (3) The Maine Board of Pesticides Control designated
 symbol;

 (4) Any reentry precautions from the pesticide labeling;

 (5) The name and telephone number of the entity making the
 pesticide application;

 (6) The date and time of the application; and

 (7) A date and/or time to remove the sign.

 (e) All notification signs shall state the chemical and
trade name of the pesticide, the date to be applied, the length
of time to remain off the treated area as indicated by the
pesticide label, and a phone number of the responsible party for
more information.

These requirements are in addition to any requirements that may
also apply to State of Maine licensed applicators subject to the
Maine Board of Pesticides Control rules regarding public
notification.


Sec. 34-8. Reporting by State of Maine Licensed Applicators.

 In addition to complying with the Maine Board of Pesticides
Control rules regarding record keeping and reporting
requirements outlined in Chapter 50 of the Code of Maine Rules,
all State of Maine licensed applicators are required to submit
to the Sustainability Coordinator an annual summary report on or
before February 1 relating to the preceding calendar year. The
report shall contain the following information for applications
performed in the City in the prior calendar year: target site,
pesticide brand name, EPA registration number, total undiluted
formulation (in pounds or gallons), and total area treated as
listed and as amended on the Commercial Applicator Annual



 10
Summary Report required by the Maine Board of Pesticides
Control.


Sec. 34-9. Outreach and Education.

 (a) The Sustainability Coordinator or his or her designee
shall publish notice of this ordinance in a newspaper of general
circulation in the City upon adoption of this ordinance and
shall provide periodic notice of this ordinance to identified
retailers and lawn, garden, and tree-care providers serving
Portland as well as to churches, schools, and other institutions
in Portland.

 (b) The PMAC shall prepare and publish materials designed
to educate the community about the role of pesticides in the
local environment and the benefits of organic pest management.
This outreach may include: a community-based social marketing
campaign targeting City households and businesses; promotion of
professional education and training for State of Maine licensed
applicators; distribution of information and news about City
practices through Portland internet and web-based resources;
public service announcements; news releases and news events; tax
bill inserts; posters and brochures made available at City
events and applicable locations that serve the public;
workshops, trainings, and demonstration projects; targeted
outreach to schools; and any additional methods deemed
appropriate by the PMAC.

 (c) The PMAC shall also develop a program to work directly
with retailers that sell pesticides in Portland to:

 (1) Provide educational training for all retail store
 employees who recommend and sell pesticides for use in
 the home and garden, highlighting the following:

 a. federal, state, and local pesticide regulations;
 b. principles of organic pest management;

 c. pesticide toxicity and health and environmental
 concerns;

 d. proper pesticide display and storage; and

 e. the role of personal protective equipment,
 pesticide poisoning symptoms, and emergency
 procedures in case of spills; and


 11
 (2) Implement a toolkit consisting of educational
 materials and signage (i.e., posters, signs, stickers)
 that can be customized, printed, and placed in stores
 to help consumers understand this ordinance and
 alternatives to prohibited pesticides.

Sec. 34-10. Violations.

 Any person violating any of the provisions of this
ordinance or failing or neglecting or refusing to obey any order
or notice of the Sustainability Coordinator and/or the PMAC
issued hereunder shall be subject to enforcement action as
provided herein.

Sec. 34-11. Enforcement.

 It shall be the duty of the Code Enforcement Officer to
provide investigative assistance and to enforce the provisions
of this ordinance in collaboration with the City’s
Sustainability Coordinator. The Sustainability Coordinator
shall work with alleged violators of this ordinance to bring
them into compliance by providing the individual(s) with
educational materials and advice on the use of less toxic
chemicals to achieve their desired results. The Sustainability
Coordinator will maintain a listing of complaints of alleged
violations of this ordinance and how they were resolved. The
listing will include the nature of the complaint, a summary of
the situation and a brief description of how each complaint was
resolved. This information will be reported on the City’s
website in aggregate by Assessor’s tax map number and not by
specific property address or Assessor’s lot number.

Sec. 34-12. Severability.

 Should any section or provision of this ordinance be
declared by the courts to be invalid, such decision shall not
invalidate any other section or provision of this ordinance.


Sec. 34-13. Conflicts with Other Ordinances.

 Whenever a provision of this ordinance conflicts with or is
inconsistent with another provision of this ordinance or of any
other ordinance, regulation or statute, the more restrictive
provision shall control.




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Sec. 34-14. Effective date; Applicability dates.

 This ordinance shall become effective pursuant to Section
225 of the City Charter. In order to allow time for residents
and businesses to become familiar with the requirements of this
ordinance, the prohibitions on the use of certain products
and/or applications (and the related public notification,
signage and reporting requirements) shall be phased in as
follows:

 (a) Phase One: Commencing May 1, 2017, the provisions set
forth in Sec. 34-5 on the use or application of certain
pesticides for turf, landscape and outdoor pest management
activities shall apply to City-owned property (but not to any
golf course).

 (b) Phase Two: Commencing May 1, 2018, the provisions set
forth in Sec. 34-5 on the use or application of certain
pesticides for turf, landscape and outdoor pest management
activities shall apply to private property (but not to any golf
course).

 (c) Phase Three: Commencing May 1, 2019, the provisions
set forth in Sec. 34-5 on the use or application of certain
pesticides on certain portions of golf courses for turf,
landscape and outdoor pest management activities shall apply to
all golf courses.




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 DRAFT

 PESTICIDE ORDINANCE

 (Based on Integrated Pest Management Practices)



WHEREAS, the State of Maine is one of only seven states, and the
 District of Columbia, that allows local governments to
 restrict the use of pesticides, and so this is an
 opportunity for the City to affect positive change;
 and

WHEREAS, the State of Maine allows for municipalities through
 their home rule authority to enact ordinances dealing
 with municipal affairs pursuant to 30-A M.R.S.A.
 §3001; and

WHEREAS, the City of Portland recognizes that there is an
 ongoing need to manage pests to protect public health
 and safety, wildlife, our environment and City assets;
 and

WHEREAS, many synthetic pesticides are harmful to humans, pets,
 wildlife, including threatened and endangered species,
 soil microbiology, plants, and natural ecosystems; and

WHEREAS, many citizens desire to be protected from exposure to
 pesticides in the air, water or soil that inevitably
 results from chemical drift and contaminated runoff;
 and

WHEREAS, the use of pesticides known or suspected to cause
 serious health problems is not necessary to grow and
 maintain green lawns and landscapes, given the
 availability of viable alternative practices and
 products; and

WHEREAS, a growing number of communities and municipalities are
 embracing a precautionary approach to the use of
 pesticides in order to adequately protect people and
 the environment from their harmful effects:
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
 PORTLAND That the Portland City Code is hereby amended
 by adding a section, to be numbered Chapter 34,
 Sections 34-1 to 34-___, which said Sections read as
 follows:


 Pesticide Use Ordinance

34-1. Purpose.

 The purpose of this Chapter is to safeguard the health,
safety and welfare of the residents of the City of Portland and
to conserve and protect the City’s water bodies and natural
resources by curtailing the use of pesticides for turf,
landscape, and outdoor pest management.

34-2. Definitions.

 When used in this Chapter, the following words, terms and
phrases shall have the following meanings.
 Application: The spraying, pouring, spreading and applying
of any and all pesticides over property in order to mitigate,
among other things, weeds, pests or plants.

 Economic injury level: The smallest number of insects
(amount of injury) that will cause yield losses equal to the
insect management costs.

 Economic injury threshold: The pest density at which
management action should be taken to prevent an increasing pest
population from reaching the economic injury level.
 Environmental Professional: Individual that has formal
education in the field(s) of environmental science,
environmental engineering, ecology, natural resources
management, and/or other similar field of study.
 FIFRA: Federal Insecticide, Fungicide, and Rodenticide Act;
7 U.S.C. §136 et seq.; as amended from time to time.


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 FIFRA Minimum Risk List: Pesticides that have active
ingredients which are deemed minimum risk and therefore do not
have to register with the Environmental Protection Agency. The
Minimum Risk List is available on the web site of the
Environmental Protection Agency (EPA) at: epa.gov/minimum-risk-
pesticides/active-ingredients-allowed-minimum-risk-pesticide-
products
 Integrated Pest Management or IPM: The selection,
integration, and/or implementation of pest damage prevention and
control based on predicted socioeconomic and ecological
consequences including, but not limited to the following:
 1. Understanding the system in which the pest exists;
 2. Establishing dynamic economic injury threshold and
determining whether the organism or organism complex warrants
control;
 3. Monitoring the pests and natural enemies;
 4. When needed, selecting the appropriate system of
cultural, mechanical, genetic, including resistant cultivars,
biological or chemical prevention techniques or controls for
desired suppression; and/or
 5. Systematically evaluating the pest management
approaches utilized.

 Invasive Species: a species that is not native to a
particular eco-system and whose introduction does or is likely
to cause economic or environmental harm or harm to human health.
 Licensed Applicator: An applicator of pesticides who is
licensed by the State of Maine Board of Pesticides Control.
 Natural, Organic, or Non-synthetic: A substance or mixture
of substances that are derived from mineral, plant, or animal
matter and do not undergo a synthetic process as defined in the
Organic Foods Production Act, 7 U.S.C. §6502(21) as amended from
time to time.
 Pest: Any insects, rodents, nematodes, fungi, weeds, and
other forms of terrestrial or aquatic plant or animal life or
viruses, bacteria, or other microorganisms, this definition
specifically excludes viruses, bacteria or other microorganisms
on or in living human beings or other living animals, that have

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been declared to be a pest under 7 M.R.S. §610(1)(A) as amended
from time to time.
 Pesticide: Any substance or mixture of substances intended
for preventing, destroying, repelling or mitigating any pest;
any substance or mixture of substances intended for used as a
plant regulator, defoliant, or desiccant; and any nitrogen
stabilizer. Herbicides, fungicides, insecticides and/or
rodenticides are considered pesticides.
 Privately Owned Land: All land and water bodies, including
airspace and all plants, animals, structures, and/or buildings,
within the limits of the City of Portland which are owned by
private persons or entities.
 Publicly Owned Land: All land and water bodies including
all airspace and all plants, animals, structures, and/or
buildings, within the limits of the City of Portland which are
owned by a governmental entity including, but not limited to,
the City of Portland.
 Retailer: Any and all persons, entities, stores, shops,
sales outlets or other establishments, located within the limits
of the City of Portland that offers for sale, displays or sells
pesticides, among other things, for personal or commercial at-
home use.
 Retail store: Any retailer, store or establishment located
within the limits of the City of Portland that are self-service
markets located in a building, and which sell or offer for sale
pesticides for personal or commercial at-home use.
 Synthetic: A substance or mixture of substances that is
formulated or manufactured by a chemical process or by a process
that chemically changes a substance extracted from naturally
occurring sources.
 Water body: Any great pond, river, stream or tidal area,
coastal or shore land freshwater wetland as these terms are
defined in Chapter 14 of the City of Portland Code of
Ordinances.
34-3. Applicability.


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 This Chapter shall apply to any and all outdoor non-
synthetic or synthetic pesticide use or applications for turf,
landscape and outdoor pest management, which are conducted on
any and all privately or publicly owned land.
34-4. Pesticide Application Near Water Bodies.

 The use or application of non-synthetic or synthetic
pesticides on privately or publicly owned land shall not occur
within seventy-five (75) feet of any water body.

34-5. Integrated Pest Management.

 (a) It is hereby the policy of the City of Portland to
ensure that the minimum amount of pesticides needed to
effectively control pests in all areas of application on
privately and publicly owned land within the City shall be used,
and that any and all pest management activities within the City
shall be conducted by a licensed applicator in accordance with
the following IPM practices:

 1. Non-pesticide management tactics shall be used first;

 2. If non-pesticide management tactics prove ineffective,
 pesticides listed on the FIFRA Minimum Risk List may
 then be used; and

 3. If the pesticides listed on the FIFRA Minimum Risk
 List prove ineffective, other synthetic or non-
 synthetic pesticides may be used so long as the
 following steps are taken:

 i. Monitor for pest presence or conditions conducive
 to a pest outbreak;

 ii. Identify the pest specifically;

 iii. Determine that the pest population exceeds
 acceptable safety, economic or aesthetic
 threshold levels;

 iv. Utilize control measures that have been
 demonstrated to be practicable, effective and
 affordable; and
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 v. A written document describing how the licensed
 applicator treated the problem is kept and
 submitted annually in the month of ____________
 to the Integrated Pest Management Advisory
 Committee. Information in the written document
 shall include the type of pest treated for,
 steps taken prior to treatment, and all
 information required by the Maine Board of
 Pesticides Control Pesticide Applicator Log.

34-6. Integrated Pest Management Advisory Committee.
 (a) There is hereby created the following Integrated Pest
Management Advisory Committee (the “Committee”).

 (b) The Committee shall be comprised of five (5) members,
including two (2) licensed applicators, two (2) environmental
professionals, and one (1) at-large resident representative who
is neither a licensed applicator or environmental professional.
All members shall be residents of the City of Portland and be
appointed by the City Council for staggered two (2) year terms.

 (c)The Committee shall be co-chaired by one (1) licensed
applicator representative and one (1) environmental professional
representative, as agreed to by the members of the Committee.

 (d) The Committee shall meet at least five (5) times
annually.

 (e) The Committee shall have the following duties:

 1. Create, develop and provide in conjunction with
 the City Manager or his or her designee
 educational materials for retailers, retail stores
 and the public, which, among other things,
 describe and educate about IPM, safe pesticide
 application and use, as well as the harms of and
 the existing alternatives to pesticides that are
 available for use;

 2. Develop and recommend action threshold guidelines
 for common pests and invasive species; and
 6
 3. Provide the Energy and Sustainability Committee
 with:

 i. An annual report which includes, among other
 things, a summary of its educational
 outreach; recommendations on any necessary
 amendments to this Chapter; and
 comprehensive data taken from the written
 documents provided by Licensed Applicators
 about the use of pesticides within the City
 of Portland including, but not limited to:

 a. The amount of pesticides used on
 privately or publicly owned land in the
 City of Portland;

 b. The reasoning for such use of
 pesticides; and

 c. The specific pesticides that were used.

34-7. Education.
 (a) The City Manager or his or her designee, in
coordination with the Committee, shall prepare and publish
materials including, but not limited to signs for retailers or
retail stores as described in (c) below, which are designed to
educate City residents and the public about the role of
pesticides in the local environment and the benefits of IPM.
These materials may also include information about the
following:

 1. City pesticide and pest management practices;

 2. Resources maintained and available from the Maine
 Board of Pesticide Control including, but not limited
 to, resources related to enforcement of State laws and
 regulations overseen by the Board; and

 3. Local, State or Federal laws and regulations regarding
 pest management activities.

 7
 (b) These materials may be conveyed to the public by and
through the following means:

 1. The internet including the City’s website;

 2. Social media;

 3. Television;

 4. News releases and events;

 5. Tax bill inserts;

 6. Brochures or other written materials;

 7. Posters or signs;

 8. Workshops, trainings, demonstration projects; and/or

 9. Any other method deemed appropriate by the Committee.

 (c) Any and all retailers and/or retail stores shall post
these materials and/or signs in the location of a retail store
where pesticides are located or offered for sale.
34-8. Exemptions.
 The following materials, locations and uses are exempt from
the provisions of this Chapter:
 (a) Materials:
 1. Pet supplies; shampoos, tick and flea treatments;

 2. Disinfectants, germicides, bactericides, miticides,
 and virucides;

 3. Insect repellant;

 4. Rat and rodent control supplies;

 5. Swimming pool supplies;


 8
 6. General use paints, stains, and wood preservatives and
 sealants; and/or

 7. Aerosol sprays.

 (a) Locations:

 1. Riverside Golf Course.

 i. Any and all playing and non-playing surfaces
 and/or greens.

 2. Hadlock Field.

 i. Any and all playing surfaces in or on Hadlock
 Field.

 3. Right-of-way

 i. Pesticides may be used in, on, over, under,
 abutting or along a right-of-way located in
 and/or through the city limits of the City of
 Portland.

 (b) Uses:
 1. of pesticides mandated by state or federal law or an
 order or decision from a state or federal agency.
34-9. Enforcement and Remedies.

 (a) The City Manager or his or her designee shall have the
authority to enact rules and regulations in order to implement
the provisions of this Chapter;

 (b)This Chapter may be enforced by the City Manager or his
or her designee; and

 (c) Any violation of this Chapter may be considered a civil
infraction and may be enforced pursuant to Portland City Code,
Chapter 1, Section 1-15 or by providing education to a person or
entity that has violated a provision of this Chapter.


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34-10. Severability.
 To the extent any provision of this Chapter is deemed
invalid by a court of competent jurisdiction, the balance of the
Chapter that shall remain is valid.




 10