Sebastopol pesticide rule
in danger
There may be trouble ahead for
Sebastopol's effort to require public notices before pesticide spraying, as a
similar ordinance in the Marin County town of Fairfax already faces opposition
from state officials.
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Subject: Sebastopol pesticide rule in danger
Date: Mon, 11 Jun 2001 08:07:21 -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: Christine Whitman whitman.christine@epa.gov
Dear Mr. Helliker,
I thought you might like to read an article entitled:
Sebastopol pesticide rule in danger
Proposed ordinance identical to one
in Fairfax, which the city is fighting to keep on its books
June 9, 2001
By
MATT WEISER
THE PRESS DEMOCRAT
There may be trouble ahead for
Sebastopol's effort to require public notices before pesticide spraying, as a
similar ordinance in the Marin County town of Fairfax already faces opposition
from state officials.
The Sebastopol proposal, introduced
by Mayor Larry Robinson this week, would require private property owners to
notify neighbors 48 hours before spraying pesticides and herbicides -- even
common gardening chemicals such as Roundup, a popular brand of weed killer.
Robinson's proposal is virtually
identical to an ordinance adopted by Fairfax in March. A month later, the
California Department of Pesticide Regulation notified Fairfax city leaders that
the ordinance violates state law and may result in a lawsuit by the state
attorney general if it's not withdrawn.
Fairfax is holding firm and even
vows to contest the state's authority.
"We're basically having to put
the state on notice that we intend to challenge their position," said Chuck
Cate, Fairfax interim town administrator. "All we're doing in our little
local town is saying, 'Please notify your neighbors when you're going to spray.'
We're not sure why the state has a concern about that."
Robinson said he knew about the
conflict over the Fairfax ordinance before introducing his proposal for a
similar ordinance, though he made no mention of it at Tuesday's council meeting.
He intends to proceed with adopting his proposal for Sebastopol, he said, and
like Fairfax, he is prepared to challenge the state law.
"I plan to give my moral
support to the city of Fairfax in their litigation," he said. "I don't
intend to wait, but I'll be following it with great interest. I believe that
they are correct."
Paul Helliker, director of the
Department of Pesticide Regulation, notified Fairfax by letter April 17 that the
city's ordinance is pre-empted by state law and thus invalid. The letter stated
that if the ordinance wasn't withdrawn within 60 days, the state would sue
Fairfax.
"The law requires us to so
notify a municipality if they do something like this," said department
spokesman Glenn Brank. "We have a clearly worded state law and very clear
legislative intent."
The state's 60-day warning would be
up June 16, but a second letter from Helliker in May sounded a more conciliatory
tone, suggesting alternatives and offering assistance. He and city officials
plan to meet in the next few weeks to discuss the issue, Cate said.
"At this point, we are still
very much in the mode of wanting to work with them," Brank said. "We
want to do whatever is practical to reach an understanding with them."
In Sebastopol's case, Sonoma County
Agricultural Commissioner John Westoby plans to advise city officials about the
state law and provide information about an alternative approach.
Under state law, Westoby is the
local enforcement officer for state pesticide regulations. He said state rules
exist so that pesticide applicators have uniform standards. The rules also make
it possible for property owners to deal with pest problems when the need arises,
rather than waiting two days after notifying neighbors.
"If each city had their own
rules, we would be in a real mess," Westoby said. "Business people
wouldn't even know how to act from one city to the next."
This is why the Pest Control
Operators of California Inc. is also monitoring the situation. The group's
attorney, Dale Stern of Sacramento, sent his own warning to Fairfax only days
after the town adopted its ordinance.
The Sebastopol City Council expects
to consider a draft ordinance on the notification rules in August. Meanwhile,
Robinson said he plans to contact state lawmakers about legislation that would
allow cities to adopt their own pesticide-notification rules.
"That would be a perfectly
appropriate avenue for them to take," said Brank, the state agency
spokesman. "We would not stand in the way if they wanted to undertake such
an effort."
Fairfax and Sebastopol have similar
rules banning the use of pesticides and herbicides on city-owned land. These
rules do not conflict with state law.
You can reach Staff Writer Matt
Weiser at 521-5257 or e-mail mweiser@pressdemocrat.com.
Well Mr. Helliker, I too
would really like to know how a little community of about 7,000 souls can
possibly be a concern to you and/or the State, and/or a threat to the POISON
"industry"; by simply saying: "Please notify your neighbors when
you're going to spray." You allow the same communities to totally BAN your
"registered" POISONS, why not let them ask for common courtesy, so
innocent people can protect themselves before their neighbors spray your
"registered" POISONS? Obviously
common courtesy (or common sense) is not too common in the State and/or in the
POISON "industry". Winston Churchill once said: "Courage is the
finest of human qualities because it guarantees all the others." I thank G-d for the courage of the Fairfax and Sebastopol
leaders. Hopefully it will guarantee the safety of their own communities and
safe and far more effective pest control. "Someone"
has to stand before the "tank"/State to protect the innocent!
Respectfully,
Stephen L. Tvedten
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