§ 303.

EXEMPTIONS

a.

Reduced Risk Pesticide List. Pesticides included on the most current Reduced Risk Pesticide List compiled by the Department of the Environment may be used within limitations stated on the List.

b.

Improving and maintaining water quality. Notwithstanding any other provision of this Chapter, this Chapter shall not apply to the use of any pesticide for the purpose of improving or maintaining water quality at:

1.

Drinking water treatment plants;

2.

Wastewater treatment plants;

3.

Reservoirs; and,

4.

Related collection, distribution and treatment facilities.

c.

Limited use exemptions. A City department may apply to the Department for up to a one-year exemption from the pesticide ban imposed by Section 302 for use of a particular pesticide for a particular use. The application for an exemption shall be filed on a form specified by the Department and shall be signed by the City department’s IPM Coordinator. The Department of the Environment may grant the exemption for a specific and limited purpose for up to one year upon a finding that the City department has:

1.

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

2.

Demonstrated that effective, economic alternatives to the banned pesticide do not exist for the particular use; and

3.

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

d.

Pilot testing exemptions. A City department may also apply to the Department for up to a one-year exemption from the pesticide ban imposed by Section 302 for pilot testing of a pesticide that has been categorized as a reduced-risk pesticide by the Department, but which has not yet been added to the Reduced-Risk Pesticide List. An application for exemption must be filed as in 303(c) above. The Department of the Environment may grant the exemption for a specific and limited purpose for up to one year upon a finding that:

1.

The City department has made a good-faith effort to find non-chemical control methods for solving the pest problem;

2.

The pesticide proposed for pilot testing shows potential for replacing more hazardous pest management methods, and

3.

The pesticide proposed for pilot testing meets the Department’s criteria for Reduced-Risk Pesticides.

e.

Reduced-risk pesticide. The Commission on the Environment may exempt a reduced-risk pesticide from the ban imposed by Section 302 upon a finding that the reduced-risk pesticide is commonly used as part of an IPM strategy. Based on recommendations by the Department, the Commission shall maintain a list of reduced-risk pesticides granted an exemption pursuant to this subsection. The Commission shall review the list annually and make necessary changes. The Commission may review and revise the list more frequently upon recommendation by the Department.

f.

Emergency exemption. A City department may apply to the Department for an emergency exemption in the event that an emergency pest outbreak poses an immediate threat to public health or significant economic damage will result from failure to use a pesticide banned pursuant to Section 302. The application for an exemption shall be filed on a form specified by the Department. The Department shall respond to the application in a timely manner. If the requesting department is unable to reach the Department, the departmental IPM Coordinator may authorize the one-time emergency use of the required pesticide. The department IPM Coordinator must notify the Department of the determination to use the pesticide by facsimile prior to its application in the event that the department IPM Coordinator is unable to reach the Department. Notification Signs shall be posted at the time of application and remain posted four days following the application. The Department may impose additional conditions for emergency applications.

History

(Added by Ord. 171-03, File No. 030422, App. 7/3/2003)

(Derivation Former Administrative Code Section 39.4; added by Ord. 401-96, App. 10/21/96; amended Ord. 274-97, App. 7/3/ 97; Ord. 7-11, File No. 100761, App. 1/7/2011)

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