2019.12.09 Council Agenda Item 6

Summary

Introduction of an Ordinance for Pesticide and Fertilizer Regulations.

A public comment period will not be included with this item.

ACTION: Schedule a public hearing.

Description

The ordinance will require licensed commercial pesticide and fertilizer applicators to register annually with the Town before engaging in the application of pesticides and/or fertilizers, as well as provide summary reports of applications made in Falmouth for the past year.

Registrations must be renewed annually and are valid from February 1 through January 31 of the following year. Registration shall at a minimum, include the following information: 

  1. Personal name or company name and address;
  2. Copy of State of Maine commercial pesticide applicator license, where applicable; and
  3. Annual registration fee of $50.00.

By January 31 of each year, Commercial Applicators must provide a summary report of applications made in Falmouth for the past year. Reports must include the following:

  1. General location of applications, by geographic area, identified as: east of I-295; west of I-295 and east of I-95; and west of I-95; 
  2. Environmental Protection Agency registration number for each pesticide used, where applicable; and
  3. Pesticide, fertilizer and combination product brand names used, whether identified as synthetic or non-synthetic, and total undiluted formulation (in pounds or gallons), with total area treated as                listed and as amended on the Commercial Applicator Annual Summary Report required by the Maine Board of Pesticides Control.

In addition to the above requirements on registration and reporting, the outdoor application of fertilizers will be prohibited between December 1 and March 31. 

A resolution on the Town Council's commitment to monitor the use of fertilizers and pesticides from licensed applicators through ordinance and to delegate the Conservation Commission to lead an outreach campaign to educate Falmouth residents on the importance of proper, environmentally sound lawn care practices will also be presented at this meeting. The Council will consider the resolution at the January 27 meeting.   

The Falmouth Conservation Commission will deliver a presentation outlining the impetus for pesticide and fertilizer regulation as well as the education campaign and ordinance development process. 

An introduction letter from Councilor Cahan, the proposed ordinance language, the Conservation Commission presentation, and Resolution 74-2020 are attached.