No-Spray Legislation - June 03, 2001

Connecticut Green Party
P.O. Box 231214, Hartford, CT 06123 greens@ctgreens.org
Ron Cassidento or
Tom Ethier (860) 243-1000 x-124 (days) or (860) 496-8947 (evenings).

( 1.. rz---Intro Res. -2001 Introduced by Legislator Cooper )

Laid on the Table:
RESOLUTION NO. -2001, DIRECTING THE COUNTY DEPARTMENT OF PUBLIC WORKS TO MAINTAIN "NO SPRAY LIST" FOR PESTICIDE APPLICATIONS

WHEREAS, pursuant to Article VIII, Section 8-4(B)(2) of the SUFFOLK COUNTY CHARTER, the County Department of Public Works has filed with the County Legislature a plan of work to suppress mosquitoes and other hominoxious arthropods for the year 2001 ; and

WHEREAS, the Vector Control Plan of Work of the Vector Control Bureau of the Department of Public Works for the Year 2001, was adopted by the County of Suffolk on January 30, 2001, via Resolution No.31-2001 ; and

WHEREAS, there is a need to balance the protection of the public health with the interests of those members of the local community who wish to keep their homes, gardens, lands, personal property, real property, family members, and pets insulated from direct pesticide spraying that is performed in connection with the West Nile virus; and

WHEREAS, a procedure to publicly register on an annual basis for placement on a "no spray list" would help achieve this balance; now, therefore, be it

1st RESOLVED, that the Vector Control Plan of Work of the Vector Control Bureau of the Department of Public Works for the Year 2001, revised as of January 26, 2001, is hereby modified to include a program to be instituted by the County Department of Public Works, in conjunction with the County Department of Health Services, whereby any individual living within the County of Suffolk can notify the County Department of Public Works as to the individual's desire not to be exposed to chemical use in the course of mosquito control operations by requesting a designation on a "no spray list" to be maintained by the County Department of Public Works; and be it further

2nd RESOLVED, that, as part of such a program, the County Department of Public Works (DPW) shall:

develop a "no spray list" request form which an individual can use to notify DPW of the individual's desire not to be sprayed or otherwise directly exposed to chemicals used in adult-mosquito control operations dealing with the West Nile virus or nuisance mosquitoes;

each participating individual shall submit the completed "no spray list" form requesting to be exempted from chemical applications on their property to DPW;

accept a completed "no spray list" form at any time during the calendar year. DPW shall then have 20 calendar days to enter such form data into their management system and to comply with the request;

establish a system by which individuals may register their participation in the "no spray list" program on an annual basis indicating they wish to be exempted from the mosquito spraying program dealing with the West Nile virus or nuisance mosquitoes;

the "no spray list" form developed by DPW shall include, at a minimum, the following components:
a.) name of the individual registrant; b.) address of the individual, as well as the address of the property for which the exemption from spraying is requested, if different, which address shall include the street name, house and/or apartment number, the closest cross streets, description of  the property such as single-family residence, multifamily residence, apartment, commercial property;  c.) contact information such as phone number for day and evening, fax number and e-mail address; d.) name of municipal jurisdiction such as village, city and/or township; 
e.) zip code f.) date of request; and g.) optional information such as reasons for the request; completed registration forms shall be signed and dated by the person making the "no spray list" request and be submitted to DPW by mail, fax, hand-delivery I or by any other means that is determined by DPW in its discretion to be appropriate; DPW shall notify any registrant if their registration form is incomplete and give them specific instructions that will correct any defect so that a properly completed form can be submitted and accepted; DPW shall establish a process by which individuals who have submitted properly completed forms shall be excluded from any direct chemical application each and every time DPW carries out mosquito control or eradication operations dealing with the West Nile virus or nuisance mosquitoes;

The Vector Control Division shall: 

a.) maintain an up-to-date list of individuals within the target area of operation who have requested to not be sprayed with pesticides dealing with the West Nile virus or nuisance mosquitoes; b.: maintain a map where "no spray list" registrants are identified ; c.) make a good faith effort to exclude each registrant's property by stopping chemical spraying from trucks within 300 feet of each property on the no spray list"; d.) exclude spraying or chemical control operations around any property which is a certified commercial organic agriculture operation; and e.) evaluate the target area for aerial spraying to determine if any portion of the County within a 1/4 mile radius  contains at least 25 per cent of residents who have registered with DPW and then exclude any such 1/4 mile area that meets the 25 per cent threshold from aerial spraying in its entirety; and be it further 

3rd RESOLVED, that the "no spray list" shall apply to any actions occurring on or after the 60th day subsequent to the effective date of this Resolution; and be it further.

4th RESOLVED, that the "no spray list" shall not apply in those instances in which the Commissioner of the County Department of Health Services has declared a health emergency requiring spraying without exception. DATED: APPROVED BY: County Executive of the County of Suffolk

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