Subject: PCOC Challenges Neighbor Notification Ordinance In Fairfax, California
Date: Wed, 11 Apr 2001 08:25:18 -0400
From: Stephen Tvedten <steve@getipm.com>
Organization: Get Set Inc. (www.getipm.com)
To: Paul Helliker <phelliker@cdpr.ca.gov>
Director, State of
California, Department of Pesticide Regulation
cc: Carol Browner browner.carol@epa.gov
Dear Mr. Helliker,
I thought you might like to read an article from PCT Online entitled: PCOC
Challenges Neighbor Notification Ordinance In Fairfax, Calif.
By Amanda Paskiet
Thursday, April 5, 2001
URL: http://www.pctonline.com/features/feature.asp?ID=138/
The Pest Control Operators of California association (PCOC)
has recently challenged a neighbor notification ordinance passed in Fairfax,
Calif., stating that California state law pre-empts the local ordinance. In a
letter sent by PCOC's attorney, the association requested that the ordinance be
changed to coincide with state law or face legal action.
The notification ordinance, which went into effect on April
1, 2001, requires that homeowners who have pesticides applied to their property
post signs and notify neighbors within 150 feet of the application site.
However, state legislation enacted in 1986 gives the state
the last word on pesticide regulations.
"The ordinance was violating the laws that were
clearly established through the California Department of Pesticide Regulation (DPR),"
said Harvey Logan, executive vice president, PCOC. "Our letter to the
Fairfax Town Council basically said the Council had overstepped its bounds and
the DPR has the full authority regarding any pesticide laws."
Although Logan was unclear as to why the town has
implemented the ordinance, he said, "We certainly didn't receive any sort
of advanced notice about it. All of a sudden, the ordinance was enacted and we
were notified by some concerned PCOs in the area."
Logan said that Fairfax PCOs are upset over the ordinance,
but were pleased with PCOC's quick response to the matter.
The Fairfax Town Council met in closed session on Tuesday
and discussed the matter with legal counsel.
"As I see it, Fairfax has only two options,"
Logan said. "Either they withdrawal the ordinance or get their local
assemblyman or senator to sponsor a legislation that would allow the town to set
aside state law. I am sure PCOs in the area are hoping the ordinance will be
dropped."
Well Mr. Helliker,
Seeing you have the last word on pesticide regulations, what do you say?
Do the people have a right to protect themselves or will you protect the
PCOC?
Respectfully,
Stephen L. Tvedten
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