Report to: General Committee Report Date: February 4th, 2008

SUBJECT: Pesticide By-law Enforcement & Education Program

PREPARED BY: M. Urquhart, Manager, Environmental Leadership

W. Wiles, Manager, By-law Enforcement & Licencing

RECOMMENDATION:

That the report entitled “Pesticide By-law Enforcement & Education Program” be received;

AND that a by-law be enacted to amend Pesticide By-law No. 2007-146 to provide for an exemption for hydro substations and to permit the use of pesticides for infestation in 2008 only;

AND that by-laws be enacted to licence both Pesticide Applicators and Organic & Non-Pesticide Lawn Care Applicators;

AND that By-law 2002-276 “Fees” be amended to include a $100 licence fee for applicators;

AND that the Province of Ontario be requested to take immediate action to introduce legislation restricting the sale of pesticides across the Province for the benefit of all Ontario residents and the environment;

AND that Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

To inform Committee of actions that staff has undertaken since the passing of the Pesticide By-law in June and on recommendations on by-law enforcement and education program to implement the by-law.

BACKGROUND:

On June 17, 2007 Council passed the Pesticide By-law regulating the Non-Essential Use of Pesticides” and directed staff to report back on an enforcement program. The report was to address:

• a 2008 Field Enforcement program,
• a proposed fine structure and resource requirements for enforcement of the by-law
• exemption requests from Hydro One and Power Stream
• review of the application of pesticides for infestations.

To obtain input from Markham residents on the implementation of the by-law two focus group sessions were held in October. Composition of the groups represented a demographic cross section of Markham residents. Both focus groups indicated full support of the pesticide by-law. Key findings of the focus groups were:

BACKGROUND: (cont’d.)

• Full support for the passing of a Pesticide By-law
• A coordinated education and enforcement strategy is essential
• Licensing of applicators is desirable
• Contractors, residents and retailers should all comply to the by-law

The Executive Summary of the Focus Groups report is attached to this report (See Schedule “A”).

· A review of the enforcement practices of Ontario municipalities that have adopted a Pesticide By-law and are listed in Schedule “B”

EXECUTIVE SUMMARY:

This report is being provided as requested by Council at the time of enactment of the Town’s Pesticide By-Law. It provides information on the enforcement and licensing criteria and protocols, set fines and the laying of charges, and recommends an exemption for the use of pesticides at electrical substations. The report recommends pesticide use for infestation during 2008 only and speaks to the education program currently underway and what is further proposed.

OPTIONS/ DISCUSSION:

Enforcement and Licensing

Two dedicated By-Law Enforcement Officers, on concurrent six month contracts will be deployed for field enforcement. Officers will operate on a complaints and pro-active basis. The Officers will be assigned other environment enforcement tasks including: West Nile/Standing Water, Anti-Idling, Water Restrictions, and potentially the Tree By-law.

During the 2008 season, the following enforcement protocols are recommended:

§ A first occurrence on residential property will generally result in education only;

§ Commercial applicators will be immediately subject to charges;

§ A Part I Offence Notice (ticket) and set fine will be issued for any first charge of commercial and residential violators;

The current by-law permits the use and application of pesticides on golf courses and bowling greens under the direction of an Integrated Pest Management (I.P.M.) Accredited Agent. The by-law requires the accredited agent to submit copies of all records to the

I. P. M. Auditor and to the Town Clerk on, or before, January 31^st each year.

An investigation of the illegal use of pesticides requires the collection of evidence to lay charges. The investigation process will include the sampling of soil, plants, and insects. Once collected, samples must be verified at an accredited laboratory having Canadian Association for Environmental Analytical Laboratories (CAEAL) certification. Funding for samples is included in the program budget.

Using experience from the Extended Driveway Enforcement Program, staff anticipate that approximately 2,200 investigations will be conducted in 2008. The complainant will be contacted within 24 hours; the Officer will attend at the location with the property

OPTIONS/DISCUSSION: (cont’d.)

owner within 36 hours; the preliminary response will be issued within 48 hours. Failure to achieve compliance will necessitate the matter going through the courts.

Staff will make application to the Chief Judge of the Ontario Court of Justice for Part 1 set fine. The first offence will result in a $250.00 ticket. Failure to comply would result

in proceeding through the courts with the maximum fine one could anticipate being $5,000.

Licensing Procedures

To help ensure pesticides are used in accordance with the by-law, licencing of pesticide applicators is proposed. Licencing regulations proposed will complement the existing Provincial Licencing Program. (See Schedule “C” for licensing criteria and enforcement processes.)

Three outstanding issues required Committee’s direction: (1) requests for exemptions allowing for the use of pesticides at electrical substations; (2) exemptions for use on Hydro right of ways (R.O.W) and (3) further consideration of the infestation clause.

Exemptions:

Pesticide Use at Hydro Facilities (Hydro One & Power Stream)

Hydro One and Power Stream have requested by-law exemptions for electrical substations. On September 18, 2007, staff met with representatives from both companies to discuss this issue. At that meeting Town Staff requested a letter from a qualified professional justifying use of pesticides in the electrical substations from a safety perspective. Satisfactory correspondence was received from Mike Matthews, P. Eng. on behalf of Power Stream explaining the safety hazards associated with weed roots growing into the ground grid at substations which compromise the insulation and personnel safety. On the basis of this correspondence (see Schedule E) and a tour of many of the electrical substations in Town, Staff is prepared to recommend an exemption to the by-law for all electrical substations in Town.

Hydro One – Right of Ways

Hydro One has advised that they own 420 hectares of land in Markham, although much is under agricultural production, used for golf courses, or not heavily vegetated. They had requested use of pesticides within the ROWs in Markham in certain circumstances. Staff had toured a number of the ROWs and requested more detailed information about when and where they would like to use pesticides (i.e. precise locations, frequency of pesticide application, circumstances for pesticide use and the basis for requesting the exemptions). They have subsequently advised that they will defer that request pending a detailed line patrol assessment in 2009.

Infestation:

The pesticide adopted By-law permits the use of pesticides for infestations and identifies them on Schedule B to the By-law to include grubs and chinch bugs in certain numbers. It relies on residents to self-assess their properties to determine whether they have an infestation and to treat that infestation judiciously.

Frank Reddick of Turf Logic Inc., an expert in organic lawncare, spoke to Council on November 5^th, 2007, at Council’s request to provide options for organically treating grubs and chinch bugs. He explained that infestations stem from reliance by homeowners and the pesticide industry on quick fixes (through use of pesticides) and treating the symptoms rather than preventing, or treating the problems with their lawns. Mr. Reddick provided an overview of steps to be taken to prevent/reduce damage from these insects. The first step is to use proper cultural practises, including application of the right fertilizer at the right time of year.

Other keys to control of grubs he recommended is the use of nematodes, which are biological parasites that attack grubs but are harmless to children and animals and therefore do not create an environmental imbalance. Nematodes must be kept refrigerated, and applied within 6 months of purchase. They must be applied in the fall before frost and must be watered in after application. There are a number of locations across the GTA that can supply this product).

Mr. Reddick advised that chinch bugs result from soil nutrient imbalances usually during hot, dry summers. They are controlled through removing thatch, use of balanced, slow release fertilizers and endophye infected grass seed (perennial ryegrass and creeping red fescue). This grass seed is generally available. The presentation from Mr. Reddick was received and staff was directed to research further the options for the organic treatment of grubs and chinch bugs and report back with suggested amendment to the Pesticide By-law to encourage such treatment.

Parks staff advise that often these pest infestations are cyclical and may not pose a problem for 5-7 years and that simpler practises may be used to control the damage done by these insects - top dressing with topsoil, aerating and overseeding your lawn, then waiting for the grass to repair itself the following spring. The main disadvantage of this approach is that the appearance of the lawn would not be attractive during that recovery period.

There will be a learning curve for residents to become familiar with natural lawn care practises and the new products, such as nematodes and their application. There is also some confusion in the marketplace as these products are not commonly available at many major retail stores while other traditional products, which are not permitted under many pesticide by-laws, are available. Finally, since pesticide by-laws are relatively new, easy –to-use natural products and instructions are not yet commonly available on the market.

There are two options for infestation Council may wish to eliminate the infestation clause for 2008 or maintain it for 1 year. (See Schedule “D”) Staff supports the elimination of the infestation clause, in principle, but would recommend the phase-out period of one year and recommend that treatment of infestations during that period be regulated through applications for treatment. Education about natural alternatives for treating infestations could be provided with the communications program.

There will be a learning curve for residents to become familiar with natural lawn care practices and the new products, such as nematodes and their application. There is also some confusion in the marketplace as these products are not commonly available at major retail stores while other traditional products, which are not permitted under many

pesticide by-laws, are easily available. Finally, since pesticide by-laws are relatively new, easy–to-use natural products with instructions are not yet commonly available on the market for the public.

Moving from reliance on pesticides to pesticide-free is not a simple process if residents want to maintain similar high standards of appearance of their lawns and gardens. Chemicals have been used in the past to control nature to achieve a perfect “weed and pest free” appearance for lawns. Additional knowledge and effort will be required to achieve similar results naturally without pesticides. There may be an initial negative impact on lawns when pesticides are stopped.

Education Program Underway

Since the enactment of the Pesticide By-Law, a Steering Committee for education/communications was established and has held ongoing meetings since the beginning of the summer to develop a program for communications and education. As mentioned previously, focus groups were held to obtain resident input on the enforcement and education program. Findings from the focus group report show that residents believe that:

• An education program must accompany by-law to ensure compliance
• To be effective and take root in the community the public education program should be conducted over a period of time
• A variety of print and electronic channels need to be used to reach Markham’s diverse population
• People are willing to signal their endorsement of the by-law using the pesticide-free sign that educates neighbours and creates community–wide compliance
• Communications/education programs and materials must be directed to residents, retailers and lawn care operators
• Messaging must include easy to understand practical information on alternatives to pesticides

Short term communications to date have focused on by-law awareness:

• Website updated (Summer 2007 and will be continually updated)
• Mission Green Newsletter #1 to all Markham residents, with pesticide brochure insert (September 2007)
• Mission Green Newsletter #2 (December 2007) Special Pesticide Newsletter Edition
• Letters to Lawn care operators and retailers in Markham announcing the passing of the by-law (October 2007)
• Participation in the Chinese Ecological Home Show

• Circulation of pesticide information to libraries and community centres
• 2008 Town and Markham Calendar showcases environmentally-friendly lawn and garden practices
• Inclusion in the Home-Owners’ Guide.
• Education Outreach through By-Law Enforcement Staff.
• Notification to all homeowners and Markham businesses and apartment and condominium corporations.

Staff have developed EUCan bin, posters and advertisements for the 2008 Markham Recreation Guide. All regular Town communication vehicles will be used to promote pesticide-free practices. Other potential elements of the program are:

• New display panels for circulation at upcoming events, library and community centres
• Natural Lawn Care video link and interactive Question and Answer on Website
• Series of workshops in the community
• Retail Store program including delivery of information packages/information booths at retailers for promotion in stores
• Seminar on natural lawn care and by-law information to lawn care providers to explain the by-law and its enforcement
• Community Workshop together with TRCA on natural lawn care techniques
• Outreach to Resident Associations
• Hazardous Waste program for collection and proper disposal of pesticides
• Student(s) to assist with the program
• Education outreach through By-law Enforcement Staff.

Challenges to delivery of the education program to residents will include:

• Changing the way residents manage their lawns – they will now have to focus on developing a healthy lawn to prevent problems rather than treating problems with pesticides
• Recognizing there are other landscaping options to having a lawn
• Accepting lawns may not reach the level of perfection achieved in the past using pesticides

Messages to the public by municipalities about pesticide use are significantly complicated by the sale of products prohibited under their by-laws at local retail stores as these products are regulated by the Province. Many municipalities are investing significant time, effort and money in educating the public, while these products continue to be available. As a result, this report includes a resolution to the Province requesting immediate action in introducing legislation restricting product sales.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Costs for the enforcement of the Pesticide By-Law for 2008 are estimated at $65,000. $20,000 is available in the base 2008 budget and an additional $45,000 has been requested. These monies will provide for two six month contract Environment Enforcement Officer positions, vehicles, training and sampling. This maximizes the ability to enforce as it makes two Officers available during the peak months. Future staffing requirements will be determined based on annual monitoring of permit applications, permits approved, and enforcement activities.

ENVIRONMENTAL CONSIDERATIONS:

Meets Environmental Focus and Council environmental objectives for 2007-2008.

Town of Markham staff is collaborating with other municipalities in the GTA in delivery of the pesticide education and enforcement program including:

• Town of Oakville - by-law enforcement training program lead by MOE
• Toronto and Region Conservation Authority - natural lawn care training program for Lawn Care Operators and a workshop
• Region of Waterloo -  link from our webpage to their videos on natural lawn care advice
• City of Toronto - use of their communications materials

 The benefits of this project are reduction of toxins in environment which results in cleaner air, water and better health for the community.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

Alignment with Engage 21^st organizational values and service principles include:

§ preserving our natural & built environment

§ innovation;

§ organizational excellence.

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal Department; Operations Department; Communications Department; and

Finance Department

RECOMMENDED

BY: ________________________ ________________________

Sheila Birrell, Town Clerk Andy Taylor, Commissioner

Corporate Services

BY: ________________________ ________________________

Peter Loukes, A. Seabrooke,

Commission Lead, Commission Lead,

Community & Fire Services Community & Fire Services

ATTACHMENTS:

Schedule “A” - Focus Group Executive Overview & Recommendations

Schedule “B” - Enforcement Practices of Ontario Municipalities

Schedule “C” – Licensing Criteria and and Enforcement Processes

Schedule “D” – Infestation Options

Schedule “E” – Letter from Mike Matthews, P. Eng., Power Stream