2020.03.09 Council Agenda Item 5

Background:

At the December 9, 2019 Town Council meeting, the Ordinance Committee introduced an ordinance to 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. Additionally, the proposed ordinance prohibited the outdoor application of fertilizers between December 1 and March 31. At that meeting, the Falmouth Conservation Commission delivered a presentation outlining the impetus for pesticide and fertilizer regulation as well as the education campaign and ordinance development process. 

A Public Hearing on the proposed ordinance was held at the January 13, 2020 Council meeting during which commercial applicators expressed implementation concerns regarding the registration and reporting requirements. The Council directed the Ordinance Committee to consider revising the ordinance to reflect the feedback.

The Ordinance Committee revised the ordinance at its January 16, 2020 meeting (revised language attached). Key changes include the commercial applicator definition, the fertilizer application reporting requirements, and the registration and reporting exemptions. The revised ordinance was re-introduced at the January 27, 2020 Council meeting. At that meeting, the Council requested information on current monitoring efforts as well as associated costs for baseline water testing in Falmouth. 

A Public Hearing on the re-introduced Ordinance for Pesticide and Fertilizer Regulation was held at the February 24, 2020 Council meeting. Kimberly Darling, Energy and Sustainability Coordinator, also presented the attached draft registration and reporting forms and provided an update on current monitoring efforts as well as associated costs for baseline water testing in Falmouth.

Current Status:

At this meeting, the Council will consider the Ordinance for Pesticide and Fertilizer Regulation.

Attachments:

• Introduction letter from Councilor Cahan;
• Conservation Commission presentation;
• Proposed ordinance language;
• Draft registration form;
• Draft fertilizer application reporting form;
• Draft pesticide application reporting form; 
• Memo from Kimberly Darling; and
• Ordinance 93-2020