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90-920 n w � � K � � i �,�� � �f^ ,\ Council File � - o�D ! � N I� �/ Green Sheet � 17 RESOL ION �=� CITY OF INT PAUL, MINNESOTA . Pr sented By ' ``��� y� Referred To 1 Committee: Date � ,�'�� �v 1 Whereas, the City Council in C.F. 89-828 established the Toxic Chemical Task Force, a legislative 2 advisory committee, to hold public hearings and make recommendations to the Council regarding 3 rules, regulations and possible banning of non-organic chemical pesticides and fertilizers; and 4 5 Whereas, in C.F. 89-1714 the City Council appointed the following pe�sons to the task force: 6 Eleanor Adolpho, James B. Bukowski, Philip Gelbach, Harlie Gibbons, Lynne Jaeger, Bette Kent, 7 Patricia J. Leonard-Meyer, Mark Miles, Michael Muff, John Peckham, Brian T. Swingle, Linda J. 8 Tanner, and James Zappia (members), and Reid E. Anderson, Betty Cowie, Peter Fanjul, Douglas 9 J. Madsen, Denny McClelland, and Marc Rosenberg (alternates); and 10 11 Whereas the task force has completed its work and has prepared its report and recommendations 12 for the City Council; now therefore be it 13 �� i4 Resolved, that the City Council accepts the Toxic Chemical Task Force report, and will proceed to 15 consider its recommendations; and be it further �6 � i 7 Resolved, that the City Council hereby recognizes the hard work, good ideas, and skill and 18 knowledge which the task force has contributed, thanks the task force members for their service to 19 the city of Saint Paul, and commends them all for a job well done. Yeas Navs Absent Requested by Department of: zmon � oswitz on -� tacca ee V eunean �, �_ i son � By° 0 :��� 3 � �Q Form Approved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary gy: BY� �� A roved b Ma or for Submission to PP Y Y Approved by Mayor: Date / Q,U� � � ��euncil By: ���-C��G.._ By: PUBIISHFD AU G � � 1990 • �g �,� d- DEPARTMENT/OFFICE/COI�NCII DATE INITIATED City Council GREEN SHEET N° _10409 INITIAUDATE INITIAUDATE CONTACT PERSON&PHONE �DEPARTMENT DIRECTOR a CITY COUNCIL Council Pres. Bill Wilson 298-464 pgg�pN �CITYATTORNEY �CITYCLERK NUMBER FOR ❑BUDGET DIRECTOR �FIN.8 MGT.SERVICES DIR. MUST BE ON COUNCIL AQENDA BY(DATE) ROUTING ORDER �MAYOR(OR ASSISTANn � TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTED: Approval of resolution accepting the Toxic Chemical Task Force report� RECOMMENDATIONS:Approve(A)or ReJect(H) PERSONAL SERVICE CONTRACTS MUST ANSWER TFIE FOLLOWING�UESTIONS: _PLANNINQ COMMISSION _ CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a contract for thfs department? _CI8 COMMITTEE _ YES NO 2. Has this person/firm ever been a city employee? _STAFF — YES NO _DI37RIC7 CouRT _ 3. Does this personlfirm possess a skill not normally possessed by any current cky employee? SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO Expleln all yes answera on separata sheet and attach to graen shest INITIATINfi PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why): The Toxic Chemical Task Force has completed its report and recommendations ►r. ADVANTACiES IF APPROVED: Council can consider what actions it ma.y wish to take regarding lawn pesticide3 and fertilizers DISADVANTAGES IF APPROVED: None ��'�yf� MAY��19A0 �;�� CITY CIEkK DISADVANTAOES IF NOT APPROVED: Lost opportunity to consider task force's work �oLr�c�� Kesearc�l 4er1Y� MAY 2 3,� TOTAL AMOUNT OF TRANSACTION : COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) �� ,� _� . . �"-lo-9aa ^ . FINAL ORDERS: Sidewalk Construction and/or Reconstruction LAID OVER at the following locations: 2 WEEKS S9050 Both sides Orange Ave. from Greenbrier St. to Walsh St. ; S9052 Both sides E. Seventh St. from Germain St. to Kennard St. 6. 7/26/90 FINAL ORDERS: Sidewalk Construction and/or Reconstruction APPROVED 4-0 at the following locations: S9053 North side Benhill Road from Deubner Place to S. Milton Street; S9054 Both sides Bohland Ave. from S. Fairview to Howell St. ; S9055 Both sides W. California from N. Milton to N. Lexington � Parkway; S9056 Both sides E. Cook Ave. from N. Lexington Parkway to Arkwright Street; S9057 Both sides W. Iowa Ave. from N. Lexington Parkway to N. Dunlap Street; S9058 North side W. Cottage Ave. from N. St. Albans to N. Grotto St. ; S9059 Both sides W. Hoyt Ave. from N. Oxford St. to N. Lexington Parkway; S9060 North side W. Ivy Ave. from N. Victoria to E. Como Blvd. " 6A. 7/24/90 FINAL ORDER: Sidewalk Construction and/or Reconstruction at APPROVED 4-0 the following location: AS AMENDED S9032 North side E. Arlington Avenue from Jackson Street to Rice Street and South side E. Arlington from Jackson Street to Railroad Crossing (New Construction) (Laid over in Committee 6/6/90) 7. 7/24/90 FINAL ORDER: For improving Alabama Street from State St. LAID OVER to the east line of Wyandotte St. by grading and paving, INDEFINITELY constructing concrete curb and gutter and a bent straw 3-0 street lighting system. Also, constructing a sanitary sewer and connections in Alabama St. from Lafayette Rd. to, Chester St. and in Chester St. from Alabama St. to an easement in vacated Chester St. approximately 225 feet north of Alabama St. (Laid over in Committee 5/16/90) 8. 7/31/90 FINAL ORDER: For grading and paving the alley in Block 2, APPROVED Brayton's 2nd Addition from Maryland Avenue to Rose Avenue. 4-0 (Bounded by Mar 1 �°-T 9. RESOLUTION - 90-920 - Accepting the Toxic Chemical Task APPROVED Force Report and recognizing and commending the task force. 3-0 (Referred to Committee 5/31/90) 10. R d°l�"`C. . -1496 and adopting LAID OVER the St. Paul Street Lighting Policy. (Referred to 3-0 Committee 6/5/90) 11. RESOLUTION - 90-886 - Approving and directing the Public APPROVED Works Department to properly post load limit for the 3-0 Navy Island Bridge over the Mississippi River. (Referred to Committee 5/29/90; Laid over in Committee 6/6/90) _� � . . ,T, CITY OF SAINT PAUL Members: ,�a''� ��; OFFICE OF THE CPTY COUNCIL Roger J.Goswitz,chair . � + David Thune,vice chair o a , „���iwu „ Tom Dimond ` "t� ���° �o Bob Long �° Date:July 18, 1990 ,... Committee Report To: Saint Paul City Council From: Public Works, Utilities, and Transportation Committee Roger J. Goswitz, Chair Hearing Date Action 1. Approval of Minutes of June 6, 1990. APPROVED 3-0 2. 7/31/90 RA�IFICATION OF ASSESSMENTS: For improving Sargent Avenue APPROVED 3-0 �venue betw�en Snelling Avenue and Pascal Street. Part of the Syndicate/Fairmount Area Paving and Lighting Project. 3. 7/31/90 RATIFICATION OF AWARD OF DAMAGES: For taking a permanent APPROVED 3-0 easement for roadway right-of-way purposes on the east side of Victoria Street between W. Seventh Street and Tuscarora Avenue for the Seventh/Otto Area CSSP Project. � 4. 7/19/90 AMENDED FINAL ORDER: Improving Third Street North between APPROVED 3-0 E. Third St. and Arcade St. by closing the street at its west end and at a reduced width from the existing grade, pave with a bituminous surface, construct curb and gutter, driveway aprons, outwalks, catch basins, sod and plant new trees. Also construct new curb, sidewalk, sodding and tree planting on the North side of �ast Third St. from Maple St. to Arcade St. Construct a storm sewer separation system in Third Street N. from Maple St. to Arcade and in Arcade St. from E. Third St. to Third St. N. Also, install sanitary, water and storm sewer service connections, if requested by property owners. 5. 7/24/90 FINAL ORDERS: Sidewalk Construction and/or Reconstruction APPROVED 4-0 at the following locations: S9042 Both sides Clear Ave. from Flandrau St. to N. White Bear Ave. ; S9043 Both sides Clear Ave. from Kennard St. to Flandrau St. ; S9044 Both sides Craig Place from E. Idaho Ave. to E. Larpenteur Ave. ; S9045 Both sides E. Hawthorne Ave. from Mendota St. to Forest St. ; � S9046 Both sides E.. Hawthorne Ave. from Walsh St. to Weide; S9047 Both sides E. Iowa Ave. from Kennard St. to Flandrau St. ; S9048 Both sides E. Montana Ave. from Kennard St. to Flandrau; S9049 Both sides E. Nebraska Ave. from Flandrau St. to N. White Bear Ave.; S9051 Both sides Searle St. from E. Ivy Ave. to Sherwood Ave. ; ,� �/ j� � �,��'�.f�. �;�'�-� � , :�� �'-� ' � C� � �` _-- . - ►� ; . ��-����-� r' ' ` ' GIT1' OF SAINT PAUL ,'i�� �' �=i�!% �; CITY COUNCIL INVESTIGATION AND RESEARCH CENTER MEMORAI�IDUM R��;�IV�b TO: Council President Wilson �UN151°�� City Council Members �,�•`� CL�RK FROM: Michael Muff, Chair � Toxic Chemical Task Force DATE: May 30, 1990 SUBJECT: Task Force Report and Recommendations Over the course of the past year the To�ic Chemical Task Force has held a number of meetings and public hearings, reviewed testimony and discussed scientific evidence. Attached are our findings and recommendations. - Briefly, these recommendations call for the City of St. Paul to take initiative in developing a responsible policy for public, private and commercial users of pesticides and fertilizers. They focus on usage practice strategies through public education and regulation, including a section on alternative practices. Additionally, certain recommendations call for the city to acquire more baseline data, enhanced data collection methods as well as suggesting pilot projects to improve current knowledge and awareness. The Task Force settled on a constructivist approach to its recommendations, generally favoring those that could be immediately implemented. Also, where regulation is involved we favored those which fell within the City's legislative prerogative. Thus the Task Force favored public education as a major component and refrained from suggesting banning speci�c chemicals. It is fair to say that the views of individual task force members regarding the effects pesticides and fertilizers encompasses a wide spectrum of opinions. The above pragmatic approach, however, resulted in �unanimous or near unanimous approval for most of the recommendations. It was found members could disagree on health and environmental risks or potential risks and still find agreement on prudent measures to minimize these. The recommended Integrated Pest Management (IPM) strategy and definition (supplied by the Bio-Integral Resource Center), together with the goal of overall pesticide reduction provide keys to establishing a broad strategy and direction for the City's public, commercial and private sectors. All other recommendations can be seen as consistent with these. On behalf of the Task Force I would like to thank you for the opportunity assist in developing city policy regarding the application of fertilizers and pesticides and we look forward to working with you through the implementation phase. CITY HALL SEVEN"TH FLOOR SAINT PAIiL, MINNt;SOTA �5102 612/298-4163 s�4e Printed on 100% Recyded Paper � � �� RECEIVED Jt1N 151990 crr��' CLERK MEETING NOTICE The City Councii's Public Works Committee will consider the recommendations of the Toxic Chemical Task Force at its next meeting. That meeting will be held: Wednesday, July 18 9:00 a.m. City Council Chambers It is not yet known at what time the Task Force report will be taken up. There are expected to be other items on the same age�da. ' PESTICIDE AND FERTILIZER USE IN SAINT PAUL i � t i MAY, 1990 TOXIC CHEMICAL TASK FORCE � Eleanor Adolpho, Youth James B. Bukowski, General Public Philip Gelbach, Soil and Water Conservation District Harlie Gibbons, Recycling Programs Lynne Jaeger, Youth Bette Kent, Environmental Groups* Patricia J. Leonard-Meyer, Environmental Groups* Mark Miles, Lawn Care Industry Michael Muff, General Public, Task Force Chair John Peckham, Agricultural Education Marc E. Rosenberg, Environmental Groups Brian T. Swingle, Lawn Care Industry Linda Tanner, Technical Experts James Zappia, Technical Experts* Alternates: Reid E. Anderson, Betty Cowie, Peter Fanjul, � Douglas J. Madsen, Denny McClelland *Resigned � Saint Paul City Council City Council Investigation & Research Center Saint Paul, Minnesota 55102 (612) 298-4163 Credits: Gerry Strathman, Director; Karen Swenson, John Erickson, Donna Sanders � i TOXIC CHEMICAL TASK FORCE REPORT AND RECOMMENDATIONS k TO THE CITY COUNCIL PESTICIDE AND FERTILIZER USE IN SAINT PAUL � i i � EXECUTIVE The Toxic Chemical Task Force was established by the SUMMARY Saint Paul City Council to hold public hearings and to � make recommendations to the City Council for rules, regulations and possible banning of non-organic chemical lawn and garden pesticides and fertilizers. In general, the task force recommends that Saint Paul take the initiative to bring about a significant behavior and attitude change toward lawn and garden care, and that behavior can be changed more effectively through education than simply through regulation. The goal of the task force's recommendations is reduced usage of pesticides and fertilizers; its central recommended strategy is a massive public education effort. This effort should involve many organizations and � groups, should provide simple readily available materials (e.g. fact sheets), and should emphasize where to go for additional information. Some of the most important ideas and techniques to convey to homeowners are: ` o Spot applications of pesticides only , o Leave lawn clippings on the lawn o Compost is beneficial as a soil additive o Set mower blades adequately high o Soi1 diagnosis and preparation is important i I � o Aeration and de-thatching techniques o Purchase high quality/low demand grass seed or other ' low demand ground cover o Eliminate weeds and pests by cultural practices alone o Lawns do not have to be perfectly weed-free to be attractive o Use least toxic pesticides A variety of strategies are needed for more effective use and reduced use of potentially harmful substances. The city should convene an ongoing pesticide and fertilizer advisory board, which would study areas of urban pesticide and fertilizer use not addressed by this task force, would carry out ongoing public education campaigns, and would identify priorities for city government activities and programs related to pesticide and fertilizer use. Although Saint Paul's ability to regulate pesticides is limited because of federal and state preemption, the city should investigate ways to increase its regulatory authority, and should support additional desirable state legislation. Saint Paul should also work with state agriculture officials to obtain better Saint Paul pesticide and fertilizer usage data. Professional lawn care applicators' current practices can be improved in a number of areas. To reduce drift, applicators should follow label directions and use appropriate technologies. Unnecessary pesticide and fertilizer applications should be reduced by using spot applications on affected areas and by not combining pesticides and fertilizers for general spraying. State training for professional applicators should give more emphasis to the latest alternative pest control strategies and to the importance of proper protective clothing. Public notification of pesticide and fertilizer applications can be improved by giving advance notification to chemically sensitive persons or others who request such notification. City regulatory actions regarding professional applicators should include city/state collaboration on a lawn company and golf course surveillance program, enforcement of the city pesticide � application posting ordinance, continued dual city/state � licensing of professional applicators, and expert review of city pesticide application plans. ii I � Homeowner pesticide and fertilizer application practices also can be improved. In addition to the practices mentioned above, when home applicators purchase , pesticides or fertilizers over the counter, they should receive simple fact sheets on proper usage of each product. A trained person should be on duty at the garden center, hardware store, etc. to assist in selecting appropriate products and to answer questions. Homeowners as well as professional applicators should have to post warning signs when they apply pesticides to their lawns. A statewide voluntary reporting system for pesticide poisonings should be created. In addition, the state should ensure that safety claims made in advertising these products are consistent with approved product labels. The task force recommended ways to prevent pesticides and fertilizers from causing environmental damage or unnecessary human e�cposure. To prevent further growth of excess algae and nutrients in lakes and streams, educational materials on preventing phosphorus buildup should be distributed. Leaves and grass should not be pushed into streets, and streets and gutters should be swept regularly. Eliminating off-target pesticide and fertilizer applications similarly will help protect surface water quality. Proper retail and commercial storage of pesticides and fertilizers should be ensured through education, inspections, and additional storage regulations. Homeowners need education on proper disposal of pesticide and fertilizer products. Saint Paul can reduce use of fertilizers and pesticides by adopting alternatives practices. Integrated pest management (which emphasizes use of cultural and biological rather than chemical controls, and monitoring and analysis of the pest problem before any strategy or treatment is begun) should begin with a pilot city IPM ` project in parks and golf courses. Saint Paul should promote backyard composting, should ensure that there are sufficient public compost sites and that those sites are well managed, and should educate the public on composting. The public should have better information E on the effectiveness, toxicity and environmental safety of organic vs. inorganic pesticide and fertilizer products; and the state should enact appropriate regulation of organic lawn care products. iii I i r TABLE OF CONTENTS � �cu�rivE suM�,xY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � INTRODUCT'ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 GENERAL RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PFSTICIDE AND FERTILIZER USAGE PRACTICES: , PROFESSIONAL APPLICATORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 � PESTICIDE AND FERTILIZER USAGE PRACTICES: HOME APPLICATORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 � EFFECTS OF CURRENT USAGE PRACTICES � ON THE ENVIRONMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 � ALTERNATIVES TO CURRENT USAGE PRACI'ICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 � EDUCA'I'ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 � REGULATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 � � APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 APPENDIXB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . available under separate cover BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . available under sepazate cover f � I v I � � ' INTRODUCTION The Toxic Chemical Task Force (TCTF) was established ' by the Saint Paul City Council as a reflection of public � concem about pesticides and fertilizers. The task force's � charge, as stated in its authorizing resolution�, was to � hold public hearings and to make recommendations to � the City Council for rules, regulations and possible ( banning of nonorganic chemical fertilizers and pesticides. Task force members and alternates were selected to � represent the following groups or interests: environmentalist groups, the lawn care industry, Soil and � Water Conservation Districts, agricultural educators, recycling programs, and youth. The task force met fourteen times between November, 1989, and March, 1990; attendance of inembers and alternates at meetings was excellent. More than 50 persons provided testimony at the four public hearings or provided background information and reference materials to task force members. These resource persons included technical experts and members of the public, including representatives of the lawn care industry, golf course superintendents, chemical manufacturers, university teaching and research faculty, � � government agency staff, environmental organization � representatives, chemically sensitive individuals, health professionals, and others. In addition, the four public hearings each attracted an audience of 25-40 people in addition to task force members and speakers. � In carrying out its charge, the task force found it ' necessary to nanow the scope of its inquiry because of � the complexity of the issues, the task force's short � Council File 89-786. timeline, and its desire to base its recommendations on � the best evidence available to the group. The volume of information provided, its technical nature, and the need to evaluate the sometimes conflicting claims on almost every issue considered also made it necessary to focus on a limited number of issues. In addition, current federal and state laws2 preempt municipalities from taking independent actions to regulate distribution, use, storage, handling and disposal of pesticides and fertilizers. This report makes recommendations on use of lawn and garden pesticides and fertilizers within the Saint Paul city limits. It examines cunent turf and ornamental pesticide and fertilizer usage practices by professional applicators and by homeowners. The task force recommends more effective use and reduced use of potentially harmful substances through education and public information, adoption of alternative practices, and changes in regulatory procedures. In addition, it calls upon the city of Saint Paul to voluntarily assume a strong leadership role in promoting both wise and reduced use of pesticides and fertilizers in the city. The task force acknowledges that additional funds may be required in order to implement its recommendations; resource constraints may make it impossible to take all the actions recommended at once. The task force has not made recommendations on areas of urban pesticide use other than lawn and garden care. This report does not evaluate specific formulations or products for continued use or possible bans. The task force does, however, recommend how these additional issues might be addressed. In each section of this report, a specific problem brought to the task force's attention is stated, along with a direction or solution to resolve the problem when ' needed for clarity, followed by the task force's � recommendations. Appendixes, a glossary and a bibliography are available for reference. The task force encourages individual task force members and the public to submit additional recommendations on lawn and i garden chemicals. � 2 The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); Minnesota Statutes Chapter 18B.02. 2 c ( I GENERAL RECOMMENDATIONS f Goal of Recommendation: There should be a reduction in the � Task ForCe total volume of use of pesticides and fertilizers through Recommendations implementation of best mana3gement practices and integrated pest management. Standing Saint Paul Problem: What has been presented to this task force Citizens' Advisory Group goes far beyond its capabilities, both in terms of time and of expertise. The solution is to create an ongoing � city advisory group on pesticides and fertilizers. In addition, there is public concern over the amount of pesticides found in the food we eat, one of a number of broad areas of urban pesticide use not addressed by this � task force. Other such areas include mosquito control, , spraying on rights of way, trees, aquatic pest control, � eradication campaigns, indoor pesticide practices, and '� veterinary pest practices (e.g., for fleas and ticks). Recornrnendation: 1. The City Council should empanel a standing review k board, chaired by an appropriate person, to deal with pesticide and fertilizer issues. 1'he group should consist of 50°Io professionals (professional users of pesticides and fertilizers, technical experts, the metro IPM specialist, prnfessional applicators, epidemiologists, toxicologists, the regional poison control center, the MDA, environmental consultants, Ramsey County Extension, entomologists, soil scientists, plant pathologists, nematologists, applied biologists, and others as apprnpriate) and 50% public members (physicians and veterinarians, retail hardware distributors, district councils, the proposed . parks and environmental commissions, environmentalists, the Human Ecology Action League ( [chemically sensitive persons], and others as appropriate). � 3 Both "best management practices" and "integrated pest management," or IPM, are sets of desirable ' practices and strategies for pest control which can and should be much more widely adopted. Reducing pesticide and fertilizer use through such practices and strategies aze an alternative to reducing use of chemical pesticides and fertilizers by banning or limiting specific products. Definitions of these terms vary. The task force discusses these definitions further and makes a specific recommendation on which IPM definition to adopt on p. 17. 3 2. The review board recommended above should: a. Study the areas of urban pesticide and fertilizer use not addressed by this task force. b. Carry out public education campaigns on an ongoing basis. c. Identify priorities for city activities and programs, their funding requirements, and possible sources of funding.4 Data Base on Urban Problem: Few data e�cist on the extent of urban fertilizer Pesticide and Fertilizer and pesticide usage in Minnesota.5 The solution is to Use develop an urban pesticide and fertilizer use data base, which includes all categories of pesticides and fertilizers not exempted from registration or regulation. The database should identify lawn and garden uses as required under state statutes and as needed for program planning and monitoring. Recommendation: 1. The Minnesota Department of Agriculture (MDA) should develop more extensive urban fertilizer and pesticide usage information. 2. The MDA should work cooperatively with the city of Saint Paul to develop a localized data base. PESTICIDE AND FERTILIZER USAGE PRACTICES: PROFESSIONAL APPLICATORS Current PraCtiCes -- Professional applicators include commercial applicators, Professionals golf course superintendents, city staff who apply chemicals, etc. Each applicator must be licensed by the 4 Sausalito, California, Ordinance #997 (Ch. 11.16.030 of the Sausalito Municipal Code) establishes a Pest Management Committee to develop and implement pest management policies, rules and regulations. 5 Testimony of John Peckham, Minnesota Depaztment of Agriculture, given to the task force on 11/27/89. 6 Minn. Stat. 18B.06, 18B.26 and 18C. 4 � MDA. In Saint Paul commercial applicators also must be licensed by the city; 30 lawn care companies are presently licensed. Recommendation: Saint Paul should continue city policy of refusing business licenses to those companies not licensed by the MDA. Application Practices Pn+�blem: Pesticide drift may be a problem in urban areas. It poses potential health risks not just for chemically sensitive people, but for the general i population, including homeowners with open windows, � contractors working outside on neighboring homes, and ` children playing outside. If drift occurs, it may be a violation of state law which G regulates off-target applications.' Although various i practices are used by some companies and homeowners � to minimize this effect, there are no uniform standards ffor the industry nor for home applicators. For example, M one company stops pesticide applications at a 10 mph � wind speed, while another person said that a maximum wind speed of 6 mph is the generally acce�ted standard � and recommended a 45 degree spray arm. � Recommendation: � 1. Use the largest droplet size possible, given prevailing winds, and any other technologies to reduce pesticide drif�. 2. The label controls any temperature and wind speed maximums for applications. Commercial applicators and homeowners should be made aware that drit� is a violation, and the MDA should increase surveillance on drit�. I � � Minn. Stat. 18B.07, subd. 2(b), (c) and (d). I 8 Testimony of Charles Glossup, Greenmasters Landscaping, 12/4/89; testimony of Jim Cink, University ' of Minnesota, 12/18/89. ' S � Problem: There is a need to reduce overapplications and unnecessary applications of pesticides in areas which � do not need such treatments 9 Recommendation: 1. As a best management practice, pesticides should not be combined with fertilizers for the purpose of broadcasting over general areas. 2. Spot applications of pesticides and fertilizers is the best management practice for applications, to ensure � that affected areas are the only ones treated. Professional Applicator Pn+�blem: Certification training for the state license test Training for professional applicators is set up by the state (MDA) and the University of Minnesota (U of M) based on federal minimum standards, but there are no other standards in the industry for what other training is required. Some lawn care companies have established their own training programs, and a significant number of companies have sent their personnel through Chemlawn's program. Despite these efforts, the task force heard complaints about some applicators not wearing proper protective clothing (presumably because of insufficient information about its importance). Complaints also were heard that not all applicators know the latest IPM methods and techniques. Recognizing the latter need, the U of M soon will be hiring a metro area IPM specialist to work with each of the county extension services in the Twin Cities Metropolitan Area. The solution is to continue with federal standards and MDA/U of M training, but to place more emphasis in training on IPM and on protective clothing. Recommerrdation: The metro IPM specialist should , confer with the MDA regarding the IPM segment of the annual certif cation/recertification training. Where inadequacies exist or where more state-of-the-art instruction is desirable, that person should negotiate to 9 Testimony of Steve Verbeek, Barefoot Grass, 12/4/89; Doug Madsen, Madsen Consulting, 12/4/89; ! Rob Ringer, Ringer Corporation, 12/11/89; Mark Miles, Organic Lawn Care, 12/11/89; and Sheila Daar, Bio-Integral Resource Center (BIRC), 1/8/90. 6 I revise the curriculum. In addition, more emphasis should be placed on the use of protective clothing. � Monitoring Fieid Problem: Complaints to the task force about company � Practices practices which are not best management practices, as noted above, suggest a need for monitoring and enforcement as well as training. � Recommendatiori: The MDA and the city should collaborate on an annual lawn company and fpublic/private golf course surveillance program, and � should report results to the City Council. i Posting Problem: Saint Paul requires that professional pesticide applicators post a warning sign when pesticides are applied outdoors.10 However, homeowners who apply pesticides are not required to post a sign. � The existing posting ordinance is inadequate for chemically sensitive people, in that the warning comes too late to prevent exposure." The city of Boulder, i Colorado, adopted pesticide ordinances12 which required, � among other things, advance notification of airborne i applications by users and contracting parties (rather than f by applicators) and post-application notification for ` applications to lakes. When the ordinances were challenged as preempted by the federal-state regulatory system, a federal district court found that the city had the power to require advance notification, and other � parts of the ordinance could be rewritten to avoid e�licit references to federal law.13 It is not clear, however, whether such an ordinance could be enacted in Saint Paul, because of differences between Colorado and Minnesota in state preemption statutes. i Recommendation: Saint Paul should establish a list of hypersensitive people (plus others who wish to be � notified). 1'he list can be made available to licensed [ �� Legislative Code, Sec. 377.02(b). � �� Testimony of Robin Blake, 12/18/89; Lotte Melman, 12/18/89; and Helen Marr, 1/8/90. 12 Ordinances #5083, effective 12/31/87, and #5129, effective 8/5/88. 13 Coparr, Ltd. and Victor A. Caranci v. City of Boulder, Civil Action 87-M-1865, U.S. District Court, District of Colorado, filed 10/3/89. The case is now on appeal. 7 applicators so they can notify affected persons. If the city registry is successful, then the city should recommend to the MDA that the registry should be � expanded to be statewide. � , Problem: The task force heard complaints about applications in Saint Paul for which no posting was done as required. For the first year or two following adoption of the posting ordinance in 1985, there were complaints , and the ordinance was enforced. However, in recent years there have been few complaints to city public i health officials.14 � Recommendation: Lawn companies which habitually do not post signs as required by Saint Paul ordinance ! should receive a cash fine. ; � Approval of City Pesticide Problem: In addition to requiring that commercial Application Programs applicators be licensed and that warning signs be posted, + Saint Paul requires that pesticide applications on city , property be approved by the City CounciL15 Parks and J Recreation staff submit their plans, along with a list of all products they might use during the year, each spring. The basis on which the City Council is to approve the plans is not specified. ; Recommendation: When the City Council approves proposed city programs for pesticide applications, as required by city ordinance, the Council should: 1. Seek review and comment on the proposed programs from outside experts (e.g. MDA, U of M). 2. Seek assurance that the city programs are consistent with the recommendations in this task force report. � 14 Testimony of Gary Pechmann, Saint Paul Division of Public Health, il/27/89. { �5 Legislative Code, Sec. 377.02(b). 8 i � PESTICIDE AND FERTILIZER USAGE PRACTICES - � HOME APPLICATORS � Lawn Clippings Problem: Lawn clippings which are left routinely on the lawn may reduce the need to use chemical or other fertilizers while maintaining a healthy lawn.�s Although the U of M Extension Service has developed an excellent educational campaign which recommends (among other things) not collecting lawn clippings, more ' needs to be done. The solution is to encourage more � homeowners and lawn maintenance services to leave � their lawn clippings on the lawn; to seasonally adjust mowing heights (generally, 2-1/2 to 3 inches high, �, highest in midsummer); and to remove no more than j 1/3 of the height of the leaves at one time. � Recommendalion: F � � 1. Expand educational programs -- have the U of M f Extension Service work cooperatively with city departments (e.g. fact sheets in water bills), neighborhood groups, youth groups, and others. � 2. Set substantial pickup charges for lawn clippings (possibly use that revenue to fund additional education). Misapplication or Problem: According to the federal Environmental Improper Selection Protection Agency (EPA), total urban �esticide usage in the U.S. may equal that of agriculture. ' Most estimates believe urban application amounts to be higher on a per- acre basis than rural application amounts, if all sources are included (e.g. lawns, gardens, mosquito sprays, � �s Testimony of Eactension Services agents Don Olson, Ramsey County, 11/2'7/89, and Bob Mugaas, Hennepin County, 1/8/90. Mugaas says that leaving clippings on the lawn can eliminate one fertilizer application per year. Schultz, The Chemical Free Lawn, says that fertilizer usage can be reduced by up to � 80% over a three year period, because the fertilizing effect of lawn clippings is cumulative. �� The most recent GAO study says EPA's 1988 estimates are that sales of lawn care pesticides have � increased to over $700 million annually, that 67 million pounds of active ingredients are applied annually, that I professional lawn care companies do a $1.5 billion business, and that as many as il% of single family households use a professional applicator. Peter F. Guenero, "Lawn care pesticide risks remain uncertain while prohibited safety claims continue," Government Accounting Office, GAO/T-RCED-90-53, 3/28/90. 9 etc.).18 Certain practices have the potential to greatly � reduce total pesticide usage within the city, minimizing health and environmental risks. � Spot applications now are more common, and can � reduce total yard pesticide usage by 50-90%.19 Several persons testified as using or supporting only spot applications.20 C�ltural practices alone can effectively limit dandelions, crabgrass and other weeds.21 Many homeowners are not aware that the fertilizer products they buy contain pesticides. To the extent that pesticides are needed for a lawn, separate packaging of pesticides would encourage spot applications -- which will reduce total usage. Recommendation: 1. As a best management practice, homeowners as well as commercial applicators should spot-apply pesticides only on an as-needed basis. 2. The city should promote the purchase of pure fertilizer products over fertilizer/pesticide mixes, including a method to help consumers distinguish between the two. Over the Counter Pn+�blem: EPA fact sheets on lawn and garden pesticides Sales Practices exist, but they are not user friendly, are not available for all products, and do not discuss cultural practices and other related information. To bring about major behavior change, information needs to be immediately available at point of purchase whenever people go into a garden center. Such information should also discuss appropriate usage practices and IPM at the same time. Information which could be detached from the product 18 W. Olkowski et al., "Ecosystem management: A framework for urban pest control," p. 384. Testimony � of Terry Gips. 12/11/89. 19 Testimony of John Peckham, 12/4/89. � � Testimony of Steve Verbeek, Barefoot Grass, 12/4/89; Doug Madsen, Madsen Consulting, 12/4/89; Rob Ringer, Ringer Corporation, 12/11/89; Mark Miles, Organic Lawn Care, 12/11/89; and Sheila Daar, BIRC, 1/8/90. I 21 Warren Schultz, The Chemical Free Lawn, pp. 127, 131 and 111-134, respectively. 10 � to be brought mto the home would probably be more likely to be read. Fact sheets cannot be relied on as the sole source of information at point of sale. There are some indications that customers may select a garden center based on the availability of a person with expertise in horticulture or related areas. However, in most hardware stores or garden centers where homeowners purchase pesticides and fertilizers over the counter, the sales clerks or other f employees have no specialized knowledge of these i products. ( Recommendation: ' j 1. The U of M, the MDA, chemical companies, the � Minnesota-Dakota Retail Hardware Association and '; other trade associations all should be encouraged to f supply easy to read fact sheets to people who sell l lawn and garden pesticides and fertilizers in any form over the counter at retail. These fact sheets should be distributed with the products free of ; charge. �� 2. The MDA and the U of M (including the metro IPM person) should develop an appropriate training and certification program for retail sellers. Once it is developed, someone who has that certification should be on duty at all times whenever pesticides and fertilizers are sold over the counter at retail. Posting Problem: As noted earlier, present city ordinance does � not require homeowners to post a sign when they apply lawn pesticides, but the rationale for notification that a , lawn has been treated applies to homeowners as well as j to professional applicators. Homeowners who apply pesticides or fertilizers may have pesticide use levels � greater than those of commercial applicators. Recommendation: City ordinance should be expanded to � require posting by homeovmers, using the same � standards as now required for commercial applicators. Signs for this purpose should be available wherever over the counter pesticides are sold. ; Poisoning Prevention Problem: As is the case with other forms of � poisonings,the largest group of persons affected by 11 pesticide and fertilizer exposures and poisonings appears � to be young children. Data from the Regional Poison � Control Center at Saint Paul Ramsey Hospital indicated � that in 1987 the center received 2,829 human exposure ! calls involving pesticides and fertilizers, and of these, 1,929 involved children under six years of age.� Nearly all these calls involved misuse on the part of homeowner applicators. A majority of the 1,929 calls involving young children came from children finding unused pesticides and fertilizers, and ingesting small amounts, but less than 10% of these cases were symptomatic.23 ' Center staff are aware of a few fatalities, but these were primarily adult intentional exposures. 1 The EPA used to collect information regarding pesticide ' poisonings. In 1981 its Pesticide Incident Monitoring j Program was stripped of funding, and collection and analysis of pesticide-induced illness was left to states 24 ; Data from the Poison Control Center do not necessarily represent all cases of poisonings in Minnesota. Although doctors often call for advice, and consequently report a i poisoning, there is no central reporting system for the � state. There also is no annual report published in the , state regarding pesticide poisonings. � Recommendation: i 1. 1'he EPA will develop standards for child-proof containers for pesticide and fertilizer products. 2. State and local authorities should be encouraged to work with the poison control system in Minnesota to encourage statewide voluntary reporting by � physicians to the Poison Control Center all cases of human e�osure to pesticides and fertilizers. As part . of this reporting system, an annual report should be ; generated to identify specifically the problems that exist. Product Advertising Problem: The task force heard testimony that pesticide and Labeling formulations have been represented in advertising � � � Testimony of Brenda Neiswinter, Ramsey Poison Control Center, 1/8/90. 23 Statement of Dr. Rick Kingston, Ramsey Poison Control Center. ,' 24 Public Citizen, Keep off the Grass, pp. 18-19. � 12 materials, brochures, etc. as "safe," without proper references to the need to use them in accordance with label directions 25 This is a significant problem because pesticides and fertilizers not used in accordance with label directions can have significant adverse effects on people, animals, plants and the environment. Under federal law the EPA reviews the language used on a restricted pesticide label and requires that applicators and other persons use the product only according to the label. Advertising claims by manufacturers and distributors that differ substantially from claims allowed to be made as part of the pesticide's approved registration are regarded by federal law as false and misleading. If such claims are made by others, the Federal Trade Commission could take action, but that agency prefers to defer to the EPA. In Minnesota the Attorney General can take enforcement actions on false advertising. Recommendation: Statements made in advertising or labeling regarding pesticide safety, whether made by manufacturers, applicators, authors of educational materials, or others, are not allowed to be inconsistent with the FIFRA labeling law. 1'he MDA and the Minnesota Attorney General should enforce this requirement. EFFECTS OF CURRENT USAGE PRACTICES ON THE ENVIRONMENT EffeCts of High Phosphorus Problem: The "limiting element" in the eutrophication in Storm Sewer Runoff on of Twin Cities lakes is phosphorus. A major contributor Surtace Water Quality to the phosphorus load of lakes has been shown to be leaves and grass clippings left on the street. A � Metropolitan Council study of inetro area lakes� indicated that the flow weight of phosphorus (as well as I lead) from urban storm sewer runoff was highest of any � 25 Testimony of Terry Gips, 12/18/89; Nonag,,ricultural Pesticides: Risks and Re lgu ation, Government Accounting Office study GAO/RCED-86-97, April 18, 1986. FIFRA requires EPA approval of language to be used on a label and requires that the product be used only in accordance with the label. � �Testimony of Gary Obertz, Metropolitan Council, 1/8/90; Metropolitan Council Urban Runoff Studies. � 13 of the four types of contributors (other contributors were urban open channel, urban mainstem and management practice discharge). Ramsey County studies27 indicated that both Lake Como and Lake Phalen were eutrophic. Storm sewer runoff was estimated to contribute to 60% of Phalen's phosphorus and 90% of Como's. Given cunent trends, both lakes can be expected to suffer a slow but continual degradation. The greatest problem related to lake and stream eutrophication (leaves and grass clippings being pushed into the street) can be expected to increase as Saint Paul's combined storm and sanitary sewers are separated. The solution is to maintain turf quality, rake up and compost leaves, pick up and consolidate animal feces, and sweep street gutters frequently. Recommendation: , 1. The city should request that the U of M Extension services develop a fact sheet on how to prevent phosphorus buildup in water, since people don't know about this. 2. The city should make this information available to all users at point of sale (since the city licenses hardware stores, tlorists/nurseries, and commercial applicators), and should distribute it to all homes around the lakes. 3. The city should educate homeowners on water eutrophication through the media. 4. The city should consider weekly sweeping of streets. � Off-Target Fertilizer Pr+oblem: Applications of fertilizers and pesticides are � and Pesticide Applications made off-target to impervious surfaces (e.g. sidewalks, � driveways, streets) by homeowners and commercial , applicators.28 Such off-target applications may be � � 27 Testimony of Terry Noonan, Ramsey County Public Works, 12/11/89, and 2/5/90 followup phone call � with task force chair; Information letter on the Phalen chain of lakes restoration project. 28 Testimony of Lotte Melman, 12/18/89 and Leslie Davis, Eazth Protector, 12/11/89. 14 i � violations of state law,� and they can have�ossible deleterious effects on surface water quality. Runoff can be contaminated by off-target fertilizer or pesticide applications, as well as by plant debris in street gutters. ', The U of M estimates that there can be up to a 30-40% reduction in phosphorus levels in runoff if gutters are swept weekly, and if, as a best management �ractice, plant debris is kept off impervious surfaces 3 The solution is to educate homeowners and commercial applicators, and to compel compliance. � Recommendation: 1. 1'he cooperative effort of the U of M, MDA, and their Pesticide Advisory Committee should continue to t develop fact sheets or other educational information. Chemical manufacturers should develop fact sheets attached to the product. f 2. Commercial applicator training programs should continue and should include information about the consequences of off-target applications. 3. MDA surveillance and enforcement should continue. Storage and Disposal of Pn+�blem: Improper retail or commercial storage of Pesticides and Fertilizers fertilizer and pesticide products may pose a substantial risk for damage to the environment and exposure to humans under situation where an unintentional release of materials into the environment occurs (e.g. fires, transportation incidents).32 The solution involves a number of coordinated actions: the MDA providing educational materials to retailers regarding proper storage of fertilizer and pesticide products; continued city, county and state enforcement of the Uniform Fire Code, Uniform Building Code, zoning and well siting regulations; and development as necessary by the EPA � Testimony of John Peckham, 11/27/89. � Information letter on the Phalen chain of lakes restoration project; City of Shoreview Ordinance #477. � 31 U of M fact sheet AG-FS-2923, Preventin�Pollution Problems from Lawn and Garden Fertilizers. ! 32 Testimony of John Peckham, MDA, regarding his incident experience with fires at lawn and garden centers in Minnesota. f 15 II , � I and/or MDA of additional fertilizer/pesticide storage regulations. , Recommendahion: � � 1. The U of M and the MDA should develop educational materials and should distribute them to retail and commercial facilities, including all professional applicators licensed in Saint Paul. 2. Saint Paul, Ramsey County, the MDA and/or the Minnesota Department of Health should ' independently conduct inspections of retail/commercial fertilizer and pesticide storage � facilities. 3. Saint Paul should support development of additional � fertilizer/pesticide storage regulations by the MDA or ; the EPA. i 4. The city, county and/or state should consider � licensing storage under SARA 1�tle III if any of the � 360 materials on the list are pesticides or fertilizers. ; Pi+�blem: Pesticides and fertilizers have constituted 11% of the household hazardous waste in Ramsey County household hazardous waste collections� All pesticides and fertilizers should be able to be used up, and should not have to be thrown out. The Groundwater Protection Act provides that by 1994, pesticide and fertilizer container collections should be in place, and people should be able to return such containers to retailers. Recommendation: Homeowners should be educated on proper disposal of pesticide and fertilizer pmducts -- _ that such prnducts should not be thrown in the trash, � but household hazardous waste collections should be used instead. � � Ramsey County Environmental Health program statistics, i i 16 �, ALTERNATIVES TO CURRENT USAGE PRACTICES Integrated Pest Finblem: The city has no IPM policy, IPM is n�ot Management (IPM) uniformly practiced, and IPM definitions vary. Recommendation: The city of Saint Paul should adopt an integrated pest management strategy for all sectors -- public, commercial, and homeowner. 1'here are many definitions of IPM; the BIRC definition is the most effective one. 1'he goal of this recommendation would be more widespread adoption of IPM practices. Prnblem: Cities should decrease total pesticide use, minimizing health and environmental risks, and should keep their costs as low as possible. Increasing sophistication by cities across the country in the development of IPM techniques and strategies have � For example, the Groundwater Protection Act (Minn. Stat. 17.114, subd. 2(b)) defines IPM as a combination of approaches, including the judicious application of ecological principles, management techniques, cultural and biological controls, and chemical methods, to keep pests below levels where they do economic damage. The act (Minn. Stat. 103H.005, subd. 4) defines best management practices in a similar fashion: as practicable voluntary practices capable of preventing or minimizing degradation of groundwater, considering economic factors, availability, technical feasibility, implementability, effectiveness and environmental effects. The Bio-Integral Resource Center (BIRC) identifies the following IPM components: 1. A monitoring system will be established for all pests/sites assumed to require pest control action.The initial objective of such a monitoring system is to determine the pest population size causing intolerable damage (a judgment usually adjusted to site conditions). The overall objectives of a monitoring system are: a) to pinpoint precisely when and where pest problems may become intolerable; and b) to determine effectiveness of treatment actions. 2. A recordkeeping system will be established that provides: a) scientific identification of the pest; b) quantification of pest population size; c) geographic distribution of pest problem; d) complete information on treatment action (what, when, where, who, cost, application difficulties); e) short term effects on pest problems; � short term effects on non-target species; g) long term effects on pest problems and non- target species. These records are independent of any records that may be required to be kept because of pesticide use. 3. Injury levels (the pest population size -- e.g. 10 aphids per leaf-- that is associated with intolerable damage) and action levels (generally a pest population size lower than the actual injury level, so personnel have time to mobilize resources needed to prevent damage). Injury and action levels shall be determined for each pest/site before any treatment action shall be initiated. 4. All pest control materials and activities should meet the following criteria for selection of tactics: a) least disruptive of natural controls; b) least hazardous to human health; c) least toxic to non-target organisms; d) least damaging to the natural environment; e) most likely to produce a permanent reduction in the pest; fl easiest to carry out effectively; and g) most cost effective in the long and short term. 5. Chemical control strategies shall be used only when a mix of other strategies is inadequate and the pest damage is likely to become intolerable. Selection of the least toxic pesticide, and use of spot application I techniques that confine the material as closely as possible to the target pest must be demonstrated. Olkowski iand Daar, "Establishing an integrated pest management policy." Common Sense Pest Control, III(4), p. I-1. 17 � I i t I � demonstrated the potential of such strategies to decrease � total pesiicide use, thus minimizing health and � environmental risks; another benefit could be net cost , savings� IPM experts recommend that a pilot program should be the first step a city takes in adopting IPM.� Recommendation: The Saint Paul Parks Division should initiate a pilot IPM project, which will include the appointment or hiring of a designated IPM coordinator, and the training of field workers in identifying injury levels and monitoring methods. If possible, the pilot project should begin with or include municipal golf courses. � Composting Problem: Compost has been shown to be a beneficial soil preparation and top dressing which may reduce the need to use chemical or other fertilizers on homeowner lawns and also may reduce thatch. In addition, Ramsey County composting sites are close to capacity each year. � With the ban on yard waste mixed with garbage and trash, it is essential to find ways that an increased amount of yard waste never enters the waste stream at all. It therefore makes sense to promote on-site composting and use of compost by homeowners 37 Recommendation: Promote composting education for homeowners through the U of M Eactension Service, neigh6orhood groups, youth groups, Saint Paul Public Health (which enforces improper compost piles), and others. Problem: For yard waste which does enter the waste stream, the problem of inadequate compost site space will become acute this summer, because of the ban on yard waste in mixed waste. The quantities of yard waste involved, if not properly handled, will overwhelm available disposal sites, and the volume of compost produced will not have readily available markets. 35 The National Park Service cut use of pesticides by 70% in the fust three years of implementation.An IPM program for city trees in Berkeley, California, reduced pesticide use by over 90% and saved the city $22,500, according to BIRC's publications catalog, January, 1989, p. 2. � Testimony of Sheila Daar, BIRC, 1/8/90. 37 Fact sheet on proper composting techniques. I 18 � � ; I 1 1 Public education is lacking on the value of compost as a soil amendment, and on the advantages of the county compost sites. There is not a danger of contamination of finished compost by previously-used lawn chemicals, because of the high temperatures reached in the composting process at the sites. The MDA is willing to test public, private or homeowner compost sites for possible pesticide contamination. County sites have been tested. The sites have problems with being open hours which are convenient for the public, and there is no site that can accept branches. Compost sites can present odor problems if they are not properly managed (at the county sites, county frontloaders to turn the pile may be busy elsewhere during peak times, and private contractors under county contracts are often slow to come; at privately owned and operated sites used by garbage haulers, leaves and grass are often mixed with rubbish, such as tires, and are not turned often enough). More compost sites should be added to the four sites now operated by the county located within the city. Residents should be educated on site locations, what to take there, why do it, and how to use the compost. The county should change site hours to meet residents' convenience, and should find additiorial markets for finished compost.� Recommendation: 1. The county, with the city, should locate four new compost sites within Saint Paul in areas not covered by the present sites (e.g. Highland). If this is not possible or not enough, develop a large compost site on county-owned land near the workhouse, with the large site to be available to homeowners. Do not permit garbage haulers, lawn care companies or professional landscape maintenance contractors to dump yard waste at the small sites. 2. Educate residents. � � Ramsey County Environmental Health data on compost contamination; Ramsey County Extension Service handout on composting and mulching techniques; fact sheet on composting sites, with addresses; The ' Chemical Free Lawn. 19 � � 1 , 3. Get citizens' input as to hours the sites should be � open. ' 4. Get a site for branches, if possible with a chipper. ' 5. Mix chips with grass and leaves. 6. Ensure proper management of the compost sites, including: a) turning the pile at least once a month; b) in dry periods, sprinkling regularly; and c) making sure that proper equipment is available when needed. 7. Expand city use of compost on city-owned land (parkland, playgrounds, rights-of-way). 8. The city and/or the county should investigate purchase of a mobile pulverizer or mobile mechanical screener. ' 9. The city and/or county health divisions should oversee and enforce proper compost site management techniques on privately owned and operated compost sites. Organic vs. Inorganic Pr+�blem: There may be a public perception, alluded to Pesticides and Fertilizers in the resolution authorizing this task force, that organic fertilizers and pesticides, when compared to inorganic ones, are environmentally safe, can result in a healthier plant, and are less of a threat to humans, animals and the environment. Analysis of this perception indicates some difficulties. First, fertilizers, organic and inorganic, must be converted to available forms for plant utilization. The conversion to available nutrient forms and uptake by the plant of nutrients derived from fertilizers is not differentiated between organic and inorganic sources� In addition, environmental and health effects of any fertilizers and pesticides, whether organic and inorganic, are not all-inclusive to a specific classification or family of chemicals. A blanket statement in this regard about ' organic or inorganic fertilizers and pesticides is � 39 Testimony of Dr. Russell Adams, U of M, 12/11/89. 20 i � � � � ' inappropriate and inaccurate. Neither organic nor inorganic pesticides and fertilizers can be assessed as a group classification relating to environmental safety, to plant health and/or to human and animal toxicity. Recommendation: The public needs to know more about chemical vs. organic methods. Pilot projects, such as those being advocated in Hennepin County, should be initiated to provide a concrete comparison of inethods. Problem: Possibly confusing, misleading, or false claims regarding efficacy, toxicity, and environmental safety of "organic;' "natural" or "natural organic" lawn and ornamental fertilizer and pesticide products are being made by the purveyors of those products. The task force noted a lack of research papers substantiating the companies' claims (i.e. thatch reduction, non-polluting, all natural, not toxic). "Organic" and "natural organic" are defined in statute, but these terms are not always used in a manner consistent with the statutory definitions. Regulators should compel: a) truth in advertising; b) full disclosure of material contents and rates applied; and c) standardized use on the labels of the statutory de�nitions of "organic," "natural" and "natural organic.i40 Recommendation: 1. If necessary, the Minnesota Attorney General's Of�ice should initiate an investigation into "organic," "natural" and "natural organic" advertising. 2. MDA should continue its licensing programs and recordkeeping requirements for those products. 3. MDA should investigate development of a program for certification of fertilizer and pesticide products as � "organic," "natural" or "natural organic." � MDA sample record; Table L, EPA toxicity labeling; JK Enterprises advertising; "Sustane" advertising; � "Ringer" advertising. Braun, Effects of Fertilizers and Pesticides on the Environment; Peckham, Minnesota Lawn Fertilizer Use. � 21 � EDUCATION Need For Problem: Central to all these recommendations is Public Education education -- continuing education of professional applicators, education and information for homeowners and those who sell pesticides and fertilizers over the counter, and much greater knowledge and understanding of pesticide and fertilizer issues by the public. Task force members concluded that what should be accomplished is a significant behavior and attitude change toward lawn and garden care, and that behavior can be changed through education more effectively than simply through regulation. Among the numerous ideas or suggestions made by task force members for components of an educational program are: 1) Companies should educate customers about alternatives, and should distribute state materials about chemicals; 2) Interest is out there, groups to educate the public are out there -- use the schools, district councils, U of M, others; 3) A hotline (like poison control hotline); 4) Information line (taped discussions on each commonly used chemical, to be dialed up by users for a nominal fee [or no fee], similar to NSP's information line); 5) Make more use of mass media; for example, develop a series of public service announcements to be played throughout the spring; 6) Promote attendance at the annual Extension Service seminar on lawn care; 7) Demonstrate proper practices through a series of seminars on cable television; 8) Reach students through tips over school loudspeakers, visiting speakers, and contacts with student environmental groups. Several groups or agencies have eupressed a willingness to participate, including the MDA, the Ramsey Soil and Water Conservation District, Ramsey County Public Works, the Minnesota Environmental Education Board, district councils and youth groups. The 1989 Groundwater Protection Act has allocated funding for public education regarding water resources and pesticide use.41 � � 41 Testimony of George Orning, Freshwater Foundation, 1/8/90; Groundwater Protection Act of 1989. � 22 � � + Recommendation: 1. An all-out educational effort is needed on alternatives to pesticides -- similar to what was done with energy conservation. The interested groups or agencies listed above should be involved. In addition: a. Saint Paul should initiate curricula on alternatives in the public schools. b. Companies should be educated to use safe alternatives to chemicals. c. Homeowners should be educated that they don't need a perfect lawn. 2. The city should call on the MDA to make funds available for public education in the metro area, and in Saint Paul in particular. Problem: A variety of cultural practices and IPM techniques have the ability to improve lawn quality such that pesticide and fertilizer inputs could be greatly minimized, or even eliminated, but remain unknown to the general public42. Recommendation: Promote a succinct list of the most important homeowner cultural and IPM techniques and ideas, including: 1. Spot application only of pesticides 2. Leaving clippings on lawns 3. Beneficial aspects of compost as a soil additive 4. Setting mower blades adequately high 42 Testimony of Steve Kernik, 11/27/89; Don Olson, 11/27/89; Rob Ringer, 12/11/89; John Peckham, 11/27/89 and 12/4/89; Brian Barnes, 12/4/89; Steve Verbeek, 12/4/89; Charles Glossup, 12/4/89; Brian � Swingle, 12/4/89 and 12/11/89; Doug Madsen, 12/4/89; Mazk Miles, 12/11/89; Dr. Russell Adams, 12/11/89; Terry Gips, 12/11/89 and 12/18/89; Sheila Daar, 1/8/90; Bob Mugaas, 1/8/90; Prescott Bergh, � 1/8/90; Cindy Lane, 1/8/90.Also discussed in Warren Schultz, The Chemical Free Lawn, Sheila Daar, "Integrated weed management for urban areas," BIRC, "Least toxic pest management." 23 5. Importance of soil diagnosis and preparation 6. Aeration and de-thatching techniques 7. Purchase of high quality/low demand grass seed and other low demand alternative ground cover 8. The ability of cultural practices alone to eliminate weeds and pests 9. The idea that lawns don't have to be perfectly weed free in order to be attractive , 10. Use of least toxic pesticides Appropriateness of Problem: Too much information is available on Existing Information pesticides and fertilizers -- more than people are willing or able to absorb. In addition, much available information is highly technical, is written in scientific and/or industry jargon, and is not available when it is needed -- when someone is about to select or use pesticide or fertilizer products. Recommendation: Fact sheets written at 4th to 6th grade reading level need to be prnvided on many topics; they are one of the best educational tools. Some subjects to be covered in fact sheets include: approved methods of application, alternatives to the use of pesticides, any health risks, especially for people with chemical sensitivities, and information regarding any damage to plants/animals from inappropriate applications or misapplications. Information Problem: Citizens of Saint Paul may not be aware of the Resources proper agencies to contact when they have questions regarding health effects of lawn care pesticides, enforcement of rules and regulations regarding them, or regarding alternative lawn care practices. A one-page informational document could be developed by the MDA and the City Public Health Division for use in public parks, golf courses and apartment complexes. It would list the appropriate agencies to contact. Recommendation: MDA should be requested to develop � the above document. Saint Paul should see that this information is posted in public places which are � frequently treated with lawn care pesticides. � 24 REGULATION Possible Changes in Problem: Several items have been identified which may Federal and State not be addressed adequately in federal or state statutes Regulations or regulations relating to lawn and garden pesticide and fertilizer applications. These include: 1. Inert ingredients found in pesticide formulations could be dangerous and of to�cological concern, and EPA has requested data on those which might be of greatest concem.� 2. The state does not require sign posting for fertilizer applications by commercial and noncommercial professional applicators, nor does the state require homeowners to post notices. Local governments may, if they wish, require posting. 3. Commercial applications of fertilizers and pesticides are now sold over the phone without written documentation, although starting in 1991 written contracts will be required by state law.aa In addition, the New York State Attorney General's office has developed a comprehensive list of recommendations as a guide for further desirable legislation.45 43 The Office of Pesticide Programs (OPP) issued a policy statement regarding inert ingredients in pesticide products in the Federal Register on April 22, 1987. In this document, EPA classified inerts currently used in pesticide formulations into four categories based on the degree of toxicological concern. EPA anticipated issuance of call-in notices to all registrants having formulated products containing List 1 inerts by early 1989. '� Minn. Stat. 325F.245. The statute provides for written contracts with ending dates, annual written notice prior to the first application of the year for multiyear contracts, and cancellation upon sale of the property. a5 State of New York, Lawn Care Pesticides: A Guide for Action. Major recommendations in this guide are: a. All lawn care service contracts should be in writing, with automatic renewal clauses in bold face type; b. If automatic renewal clauses are used, customers should be given timely written notice with opportunity to cancel, before spraying begins in subsequent seasons; c. Customers should receive complete information before their lawn is sprayed, including the name of pesticides to be applied, precautions to be taken to ensure safety for family members and pets, label warnings and the time and date spraying is to take place; d. If pesticide product ingredients are undergoing tests for health effects from exposure, the label should say so; e. Notice to neighbors before spraying occurs, including the same information to be provided to the customer, and posted warning signs; f. Tighter spraying requirements to control drift, runoff and volatilization of lawn sprays, and to prevent spraying during a high wind, on steeply sloping areas or under I 25 E E Recommendation: Request the Minnesota Attorney General's O�ce to write or rewrite or update the New York guide, and to research the need for further legislation. Options for Additionai Problem: Minnesota statute preempts local governments City Regulatory from directly regulating any matter relating to the Authority registration, labeling, distribution, sale, handling, use, application or disposal of pesticides, and federal law contains further preemption language.� Some local governments have regulated fertilizers.47 For pesticides, the city can consider the following options: 1. The Commissioner of Agriculture may, by written agreement, delegate inspection and enforcement activities to a city.� 2. The Commissioner may initiate rulemaking, including a rule for procedures addressing local control of pesticide regulation.4s 3. The city could seek a change in state law, if the above options do not prove to be satisfactory. Recommendation: The City Council should review these options and should approach the MDA regarding its . needs to have authority to regulate. other adverse conditions; g. Proper training and certification of all applicators; h. Review and improvement of lawn care companies' worker training programs; and i. A statewide registry of chemically sensitive individuals. � Minn. Stat. 18B.02 and FIFRA. 47 See, for eatample, City of Shoreview, Ordinances #477, #478 and #508 (Ch. 919 of the Municipal Code),which provide lawn fertilizer application controls including limits on the phosphate content of fertilizer applications, restrictions on where fertilizers may be applied, and authorization for the city to conduct soil tests. 48 Minn. Stat. 18B.03, Subd. 3 49 Minn. Stat. 18B.06 26 i � � APPENDIX A PERSONS WHO OFFERED TESTIMONY AT TOXIC CHEMICAL TASK FORCE PUBLIC HEARINGS Terry Noonan, Ramsey County 11/27/89 Public Works Dr. Don White, U of M Scott Strand, Minnesota Office of the Terry Gips, International Alliance for Attorney General Sustainable Agriculture John Peckham, Minnesota Leslie Davis, Earth Protector Department of Agriculture Brian Swingle Steve Kernik, Ramsey County Environmental Health 12/18/89 Don Olson, Ramsey County Extension Service Bill Buffaloe, Rhone Poulenc Chemical Lloyd Burkholder, Saint Paul Parks and Gary Eilrich, Fermenta ASC Recreation Corporation Gary Pechmann, Saint Paul Robin Blake Environmental Health Terry Gips Tom Hunter 12/4/89 Dr. Michael Murphy, U of M Jim Cink, U of M John Peckham Dr. Roger Yeary, Ecolab Brian Barnes, Natural Lawn Organics Krista Kotz Steve Verbeek, Barefoot Grass Company Lotte Melman Charles Glossup, Greenmasters Industries 1/8/90 Jerry Murphy, Somerset Country Club Brian Swingle, ChemLawn Sheila Daar, Bio-Integral Resource Peter Fanjul, Howe Fertilizer Center Dr. Phil Stryker, Tru-Green Brenda Neiswinter, Ramsey Poison Doug Madsen, Madsen Consulting Control Center Pamela Sulmer 12/11/89 Dr. Vincent Garry Mary Ann Marbury Rob Ringer, Ringer Corporation George Orning, Freshwater Mark Miles, Organic Lawn Care Foundation Dr. Russell Adams, University of Marjorie Crosby Minnesota Gary Obertz, Metropolitan Council Cindy Bartolerio, Ramsey Soil and Bob Mugaas, Hennepin County Water Conservation District Extension Service John Hines, Minnesota Department of Prescott Bergh ` Agriculture Leslie Myers � Craig Johnson Cindy Lane, Lavender Oak � Thomas Fischer, golf course Helen Marr superintendent Terry Gips � 27 I � i I a APPENDIX B SUMMARY OF RECOMMENDATIONS BY IMPLEMENTATION RESPONSIBILITY The City of o Reduce total volume of pesticide and fertilizer use Saint Paul should: o Create an ongoing advisory committee on pesticide and fertilizer use o Work with the Minnesota Department of Agriculture (MDA) on a local fertilizer/pesticide use data base o Continue to require a MDA license as a city licensing requirement o Work with MDA to obtain greater local authority to regulate pesticides and fertilizers o Consult with outside experts on proposed city pesticide programs o Adopt an integrated pest management (IPM) strategy for all sectors o Adopt an IPM pilot project in the city parks system, preferable including golf courses o Expand city use of compost product o Levy fines on lawn companies which habitually do not post signs as required by city ordinance o Establish a list of people who want advance notice of applications, and give it to licensed applicators o Collaborate with the MDA on an annual lawn company surveillance program o Enforce proper compost site management techniques on privately owned sites o Ask the U of M to develop a fact sheet on preventing phosphorus buildup in water, and distribute it at point of sale and to all lakeside homes o Work with the U of M to e�and education on leaving lawn clippings on lawns (e.g. fact sheets in water bills) o Post information on proper agencies to contact with pesticide/fertilizer questions o Promote composting education for homeowners Professional o Reduce total volume of pesticide and fertilizer use applicators should: o Avoid pesticide drift (by using largest possible droplet size and other technologies) o Not combine pesticides and fertilizers for 1 broadcasting general areas i o Regard spot applications on an as-needed basis as the best management practice 2s � � , o Wear proper protective clothing o Comply with posting requirements o Provide advance notice to registered persons o Learn IPM o Learn to use safe alternatives to chemicals o Continue company training programs, and include in them information about consequences of off-target applications Homeowners should: o Reduce total volume of pesticide and fertilizer use o Regard spot applications on an as-needed basis as the best management practice o Leave clippings on lawns o Learn that they don't need a perfect lawn o Learn more about chemical vs. organic methods o Post warning signs when applying pesticides or fertilizers � o Learn how to dispose of pesticide and fertilizer products properly The Minnesota Department o Continue surveillance and enforcement of AgriCUlture should: o Collaborate with the city on an annual lawn company surveillance program o Continue licensing and recordkeeping requirements for organic products o E�cpand the city's pilot registry for advance notification throughout the state if it is successful o Ask the Attorney General to consider investigating organic products advertising o Ask the Attorney General to update the New York pesticide action guide o Confer with the metro IPM specialist on IPM content of annual training, and include more training information on protective clothing o Develop an appropriate training and certification program for retail sellers o Develop a certification program for organic/natural organic and natural products o Supply fact sheets about environmental effects of off- target applications on impervious surfaces o Supply easy to read fact sheets for point of sale distribution o Develop and distribute educational materials on proper storage of pesticides and fertilizers 29 ( o Prepare a list of agencies to contact with pesticide/fertilizer questions o Develop an urban pesticide/fertilizer use data base; cooperate with St. Paul in developing a local one Training specialists o Confer with the MDA about the IPM segment of the (especially extension annual certification training and negotiate curriculum services and the metro as indicated IPM specialist) o Develop an appropriate training and certification should program for retail sellers o Expand educational programs on lawn clippings on pesticide and fertilizer products o Supply easy to read fact sheets for point of sale distribution o Supply fact sheets about environmental effects of off- target applications on impervious surfaces o Develop fact sheets at 4-6 grade reading level o Develop and distribute educational materials on proper storage, unintentional releases o Expand education on leaving lawn clippings on lawns o Promote additional composting education Retail pesticide/ o Sell fertilizers separately from pesticides fertilizer sellers o Have a licensed commercial applicator on duty should: whenever retail pesticides sales are made over the counter o Supply easy to read fact sheets for point of sale distribution Chemical manufacturers o Supply easy to read fact sheets for point of sale should: distribution The Environmental o Develop and implement child-proof container Protection Agency should: The Poison o Operate a statewide voluntary pesticide reporting Control Center should: system Ramsey County should: o Set substantial charges for pickup of lawn clippings (and earmark revenue for further education) o Locate four additional composting sites within Saint Paul, and improve management of e�cisting sites o Enforce proper compost site management techniques on privately owned sites 30 � Someone (who should take o Develop an all-out educational effort on pesticides responsibility is either and fertilizer and distribute unclear or shared) should: o Develop a succinct list of the most important homeowner cultural practices and IPM techniques o Ensure that advertising, educational materials, labels, etc. are consistent with FIFRA o Inspect retail/commercial, fertilizer/pesticide storage facilities o Consider licensing storage under SARA Title III o Teach the public more about chemical vs. organic methods 31