Report to:
General Committee Report
Date:
SUBJECT: Proposed Draft By-law to regulate the Non-Essential Use of Pesticides
PREPARED BY: Mavis Urquhart, Manager, Environmental Leadership
RECOMMENDATION:
THAT this report entitled “Proposed By-law to Regulate Non-essential Use of Pesticides” be received;
THAT Council hold a community Public Meeting to obtain public input on the draft proposed by-law attached as Appendix “1” to this report;
THAT the community Public Meeting be held in second or third week of
May (May 17th May 23rd or May 24th) contingent
on a moderator’s availability, from
THAT Staff be authorized to immediately provide notice of the public meeting and post the meeting notice and draft proposed by-law on the website;
AND THAT Staff be authorized and directed to do all things necessary to give effect to this resolution.
FINANCIAL CONSIDERATIONS:
This report includes the draft proposed by-law for regulating the
non-essential use of pesticides in
1. Purpose 2. Background 3.
Discussion 4. Financial
5.
Others (Environmental, Accessibility, Engage 21st, Affected Units) 6.
Attachment(s)
PURPOSE:
The purpose of this report is to propose a draft by-law regulating
pesticide use in the Town of
BACKGROUND:
The matter of pesticide regulation has been considered by the Town
of
Staff reported back on the outcome of that public meeting in early April. At that time Council instructed that Staff prepare a proposed draft by-law for consultation at a public meeting with the intent of adopting a by-law by the end of June in the following resolution:
“… staff to proceed with a
community consultation meeting
respecting pesticide regulation in the Town of
And that the community meeting follow Option 2, as outlined
in the staff report titled “Report on Regulating the Non-Essential Use of
Pesticides”, which includes drafting a by-law restricting the non-essential use
of pesticides in Markham being brought
to General Committee, followed by a meeting with the public, and finally a presentation
to Council for a decision before the end of June;
And that
the draft By-law be modeled on Toronto’s pesticide By-law and further that the
best practices from other municipalities be considered, including a phased in
implementation program and subject to any changes that staff may recommend.”
Staff recommends that to
accommodate the timeline set by Council, the public meeting be held in the
second or third week of May (May 17th, May 23rd or May 24th)
in the Council Chambers from 7 p.m. to 9:30 p.m., contingent on a moderator’s
availability and that Staff be authorized to immediately provide public notice.
Notice would be sent to stakeholders and published in the local newspaper. The
proposed draft by-law would be posted on the website. The format of the meeting
will include a Staff presentation and will be followed by public input. Staff
from affected Town departments would be available to assist with responses to
questions. Written responses received prior to, or at the public meeting would
be incorporated in Staff report back to General Committee and Council.
Draft By-law
The proposed draft by-law is attached as Appendix 1 to this report
and is modeled on the
- Exempted pesticides are set out in a Schedule rather than as part of the by-law to allow easy phase-in as new products become available;
- Clearly states the land uses identified proposed to be exempted (i.e. golf courses, lawn bowling, hydro stations, hydro corridors) and the standards that golf courses, lawn bowling and the hydro utility must meet under IPM practice;
- Sets out that farm practice carried out as part of an agricultural
operation is not subject to the by-law.
For information, a copy of the
Requests for Exemptions
Exemptions to the pesticide by-law have been requested for a number of land uses and. submissions have been received from representatives of:
o Golf courses
o
A Lawn
o Hydro One
Correspondence from Hydro one and the golf courses are attached as Appendices 2 and 3 to this report.
Golf Courses
There are numerous golf courses in the Town of
Lawn Bowling Greens
Similar to golf courses, a lawn bowling requires a higher standard of
maintenance. The Markham Lawn Bowling Club has also made representations and
submitted comments requesting an exemption from any pesticide by-law stating
that because they need their greens to be extremely trim, flat and smooth, they
need protection from insects, weeds, etc. Lawn Bowling Greens are treated the
same as golf courses in the draft proposed By-law.
Hydro One
A letter was received from Hydro One (Appendix 3) seeking a utility exemption. They use pesticides for two purposes: maintaining the height of vegetation in their hydro corridors and to keep hydro stations weed-free.
- Height of Vegetation in Hydro Corridors
According to the correspondence received from Hydro One herbicides are essential for right-of-way vegetation control program to ensure that cut deciduous trees, such as ash, oak, poplar and maple do not resprout. An exception is provided in the proposed draft by-law in Section (2. b. (xiii)) that allows pesticide use to control growth within a hydro corridor under the direction of an I.P.M. Accredited Agent.
- Infestation for stations
The Hydro One letter also states that herbicides are applied inside stations to control vegetation growth which can cause power disruptions and ground faults which can create a potentially hazardous situation for employees. They advise that herbicide application is the only practical method of controlling vegetation and ensuring stations are safe. The proposed draft by-law has accommodated this exemption request by including an exemption (2. b. (xiv)) that allows pesticide use by the Hydro utility to control growth within a hydro transmission station provided it is permitted only under the direction of an I.P.M. Accredited Agent.
Phase-In of the By-law
To permit a reasonable period of time for the lawn and garden care
industry, as well as residents to adjust their programs and practices, and to provide
time for staff to undertake an education program, the by-law is proposed not to
come into effect until September 2008. This provides two growing seasons prior
to beginning enforcement. While this timing will not match the City of
Enforcement
Successful
implementation of the pesticide by-law will require a significant voluntary
compliance by residents and businesses.
Education is the most efficient and effective way to achieve compliance
in the community. Again, the draft by-law for
Education Program
Similar to other by-laws that
relate to environmental issues, such as an Idling Control By-law, or Tree Removal
By-law, education is a key component to successfully changing public perception
and behaviour. Reduction/elimination of pesticide use depends largely upon
property owners’ co-operation and acceptance of new lawn care practises and
standards of appearance. A comprehensive education
program using a variety of existing and supplementary vehicles will be
developed to reach the community.
Development and implementation of the 2007 portion of the public education program will be accommodated through existing 2007 budget. Additional resources will be required in 2008.
BUSINESS UNITS CONSULTED
AND AFFECTED:
A staff team, including representatives from the Legal, Operations, Communications and By-law and Enforcement staff has assisted in the development of this report and the attached by-law.
RECOMMENDED
BY:
________________________ ________________________
Mavis Urquhart Jim Sales
Manager, Environmental Leadership Commissioner,
Community and Fire Services
ATTACHMENTS:
Appendix 1 Proposed Draft By-law
Appendix 2 Letters from Golf Courses requesting exemption from proposed
pesticide regulations
Appendix 3 Letter from Hydro One requesting exemptions from proposed pesticide regulations
Appendix 4 City of
Appendix 5 City of
R:\Strategic
Services\Shared Data\Environmental Leadership\Pesticides\Pesticides
2007\Reports\DraftBy-law Report Apr17071.doc