Fairfax votes to fight state over pesticide ordinance

"It's interesting to note the Department of Pesticide Regulation communication followed on the heels of a letter from a trade association," Brecher said. "So one wonders whose interests the DPR is protecting. I don't think this is any coincidence."

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Fairfax votes to fight state over pesticide ordinance

By Rebecca Rosen Lum

Fairfax has opted to fight rather than abandon its Neighbor Notification Policy for pesticide use despite the threat of a state lawsuit, and supporters are already amassing a legal defense fund.

Last month, the California Department of Pesticide Regulation ordered for the town to dump its new ordinance, which requires residents to notify neighbors within a 150-foot radius 48 hours before spraying pesticides.

DPR Director Paul Helliker said in a letter to Fairfax officials that only the state can mandate pesticide use - which includes such "pesticide-related" acts such as notifying neighbors ahead of time.

The Town Council voted this week to defend its fledgling policy, which took effect in April. It is the only one of its kind in the state.

Under the Fairfax ordinance, a first offense is considered a public nuisance but a second, in the same three-year period, would be an infraction and a third, a misdemeanor.

State law enacted in 1986 prohibits any jurisdiction from regulating pesticide use - the result of an attempt by Mendocino County to curtail spraying. Legal challenges went to the California Supreme Court, where the county - represented by Mill Valley public interest lawyer Larry Silver - prevailed.

Under the law, localities attempting to pass their own ordinances must be ordered to rescind within 60 days or face a lawsuit. 

Nevertheless, "They are determined to go ahead," said Fairfax Town Attorney Joe Brecher, a veteran environmental lawyer. "We expect to amass a formidable challenge."

The town has scheduled a press conference for Wednesday to outline the defense plan. A Town Council subcommittee has set an initial fund-raising goal of $25,000 to put together a defense team.

Councilman Frank Egger, who drafted the ordinance, said government and environmental groups throughout the state have offered support.

Tera Latour, co-owner of the Cafe Amsterdam in downtown Fairfax, plans to gather area musicians for a benefit concert this summer to help the town pay its legal expenses.

"That seemed like a normal, healthy, sane ordinance," Latour said. "They're faulting Frank for doing what they should have already done."

Many musicians have "like-minded" views, she said. No date has been set for the benefit concert.

Brecher said he believes it is "no coincidence" that lawyers for Pest Control Operators of California Inc. wrote to the town to express its disapproval just before the state agency made contact on April 17.

"It's interesting to note the Department of Pesticide Regulation communication followed on the heels of a letter from a trade association," Brecher said. "So one wonders whose interests the DPR is protecting. I don't think this is any coincidence."

Helliker sent a second missive dated May 2, suggesting the town develop an integrated pest management (IPM) plan with the help of Marin Agricultural Commissioner Stacy Carlsen.

An IPM is a strategy for long-term prevention of pests that uses such techniques as biological control, habitat manipulation, modification of cultural practices and use of resistant varieties.

Carlsen said Fairfax officials did not contact him while they were fine-tuning the ordinance, even though part of his mission is to develop IPMs for towns and other agencies.

"They had several opportunities to work with my office," Carlsen said. "It was unfortunate they didn't. I offered to broker a meeting with state officials and experts."

But, "We still have a great opportunity," Carlsen said. "We can make it work. My door is open, and it has always been open."

Carlsen also said his office's history of progressive approaches to pest management are getting obscured in the discussion. He recently designed an IPM for schools that will be used statewide.

"My office put together an organic certification program for our local growers that's the first of its type," Carlsen said. "We have access to some of the best people in biological control and alternative systems in the world. It's a shame if they weren't taken advantage of."

But Carol Sterritt of Marin Beyond Pesticides said she could not understand why the state would punish the town and then steer it toward IPM, which embraces the principle of good communication between neighbors.

Original at:  http://www.marinij.com/

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