Erie Co., Ny Children's Environmental Health Protection Act

Discussion in 'Pesticide & Herbicide Application' started by tremor, May 22, 2002.

  1. tremor

    tremor LawnSite Bronze Member
    Messages: 1,476

    A friend & associate just passed this along to me. The liberals in NY are at it again. How could even a conservative county rep. vote against a bill with a name like this?
    Erie County NY applicators need to take the time to attend this meeting & make our voices heard.
    Note that this version would go into effect immediately upon passing. This is unusual.

    A hearing is planned for Tuesday June 11 at 6 pm cambers Erie Co. Buffalo

    COUNTY OF ERIE LOCAL LAW NO. ______- 2002 LOCAL LAW INTRO. NO. 4 - 2002 (PRINT #1)
    A LOCAL LAW in relation to a county-wide notification requirement for commercial and residential lawn pesticide application.
    Title. This law shall be known as the Erie County Children's Environmental Health Protection Act.
    Section 2. Legislative Intent. The Erie County Legislature hereby finds, declares and determines that individuals and their personal property are, or can be, unwittingly exposed to pesticides applied on a neighbor's property from commercial and residential lawn applications. This Legislature further finds that pesticides may pose health and safety risks to people, particularly children, pregnant women, the elderly and people with infirmities. The intent of this local law is to provide information to county residents about certain pesticide applications to which they may be exposed, so that they can take steps to minimize such exposure to themselves, their families, pets, crops, livestock, backyard wildlife and property. Accordingly, this Legislature hereby adopts the special notice requirements for commercial residential lawn applications of pesticides as set forth in Section 33-1004 of the New York Environmental Conservation Law.
    It is intended that this local law be read and applied consistently with that section and all other applicable provisions of the Environmental Conservation Law and regulations promulgated thereunder.
    Section 3: Definitions. All terms used herein shall be as defined in Article
    33 of the New York Environmental Conservation Law:
    "Abutting property" means any property which has any boundary or boundary point in common with the property on which the pesticide is to be applied.
    "Agency" means any state agency; municipal corporation; public authority; college, as that term is defined in the education law; railroad, as that term is defined in the railroad law; or telegraph, telephone, telegraph and telephone, pipeline, gas, electric, or gas and electric corporation as those terms are defined in the transportation corporations law, which applies pesticides.
    "Commercial lawn application" means the application of pesticide to ground, trees, or shrubs on public or private outdoor property. For the purposes of this local law the following shall not be considered commercial lawn application:
    the application of pesticide for the purpose of producing an agricultural commodity; residential application of

    ______CENTER SECTION CLIPPED DUE TO LENGTH_________________________________________

    Section 8. Notice Requirements to State Officials. Within twenty days after adoption of this law, the Clerk of the Erie County Legislature shall forward one certified copy thereof to the Commissioner of the New York State Department of Environmental Conservation and one to the New York State Attorney General.
    Section 9: Effective Date. This local law shall take effect immediately upon filing with the Secretary of State pursuant to Section 27 of the New York State Municipal Home Rule Law.
    CRYSTAL D. PEOPLES Back to District 7 Homepage <district07.asp>
  2. Harvestman

    Harvestman LawnSite Member
    Messages: 233

    The Enviormental Nazi's are at it again. Thay must be stoped.
  3. tremor

    tremor LawnSite Bronze Member
    Messages: 1,476


    There's more of this to come. John at County Watch just sent me this.

    They're our friends. CW can be reached at:


    To All Interested Parties...

    There will be a public hearing on Neighbor Notification in Erie County at the County Legislature, 25 Delaware Avenue - 7th floor on Tuesday, June 11. The hearing will begin at 6pm We've been in touch with the folks at the Erie County Legislature and the Erie County Executive's office on a regular basis. Our understanding at this time is that Legislator Crystal Peoples (D) - the sponsor of the legislation - is holding this hearing on her own...without the "official"sanction of a committee or of the complete county legislature.

    That fact notwithstanding, it is very important that we have a good showing from the industry to ensure that this legislation does not move any further. To that end, we will be coordinating with Don Burton and the local applicators to maximize the industry's participation at the hearing. If you, or a representative of your organization plan to testify, please let Don or I know no later that June
    6th. If you need help with your testimony or message points, please contact us.

    Look forward to working with you.

    John (FYI - Legislator Peoples is a Democratic Candidate for the New York State Assembly in a heavily Democratic Buffalo-based district.
    She is running to succeed Deputy Assembly Speaker Arthur Eve who was first elected to the Assembly in 1966...The Erie County Legislature is controlled by the GOP... Republican County Executive Joel Giambra - sensitive to mandates placed on small business
    - may be amenable to a version of a voluntary notification program.)
  4. tremor

    tremor LawnSite Bronze Member
    Messages: 1,476


    Democrat Crystal Peoples is running unopposed. Any Erie County Republicans want to throw a hat in the ring. Or are we going to lay down like lambs like we usually do?

    If we find a good Republican candidate, our industry owes it to ourselves to support him/her in leading the way. We are also citizens of the community. Usually very good ones too.

    Our industry in NY is being attacked by legislation 24 hours a day, 365 days a year. There is always at least a few bills pending. Why we can't hire a lobbyist to couteract this sort of thing amazes me.

  5. Got Grass?

    Got Grass? LawnSite Senior Member
    Messages: 363

  6. Got Grass?

    Got Grass? LawnSite Senior Member
    Messages: 363

    The bill is to inform Neighbors prior to pesticide applications so thay keep thier kids & pets off their neighbors lawn. wich thay sould do allready.

    It will require apartments, duplexes, condos to provide written notice to tennants informing them what will be applied.
    And require applicators to post standard flags that thay all do anyways for even fert apps. Ya all know thoes damn TG/CL markers. Stores to post signs at the displays where pesticides are sold.

    There is a lot this bill exempts. It's mainly geared to the idiots liquid spraying these days. Heck if anything my customers will know when thay are coming & call me to cut before hand.
    I do not believe this includes granular, spot spraying and a few other things.
    This has been floating arround for quite some time now. It was even on the news someting last year.

    I do not spray. Have not read the bill complete. It dosnt look all that bad but I may be missing something.
  7. Got Grass?

    Got Grass? LawnSite Senior Member
    Messages: 363

    Tremor, your location says CT. Did you move to Erie county or something?
  8. Got Grass?

    Got Grass? LawnSite Senior Member
    Messages: 363

    The NEW YORK STATE LAWN CARE ASSOCIATION has instituted a voluntary registry where concerned residents may identify themselves as wanting notification prior to pesticide applications on adjacent neighbors property. The commercial lawn care companies have voluntarily agreed to refer to this registry, and use it to the fullest extent practicable. If you wish notification, please take advantage of this registry.

    Residents may register by calling 1.888.680.9997, or 1.716.494.1466. When making the call, please have your name, address, phone (both day & night, if applicable), and e-mail address (if applicable). The same information is also needed for each neighbor immediately adjacent to you.

    In addition to the NYSLCA phone numbers, their mailing address is New York State Lawn Care Association P.O. Box 6 Churchville, N. Y. 14428.

    The Neighbor Notification law that was instituted by the State of New York left it to the option of the individual Counties as to whether or not they would "sign-on" to this legislation. At this point, it does not appear that Erie County will sign up to this law. It's provisions dealing with Child Care Centers and public and private Schools were not given this option, and they became mandatory for compliance on the 1st of march 2001. The principal problem with signing on to this legislation, is that it is considered to be an unfunded mandate - meaning funding was not provided for administration and enforcement. Therefore, this voluntary program from the concern and courtesy of the NYSLCA is means of gaining notification; besides notification via common courtesy of neighbors.
  9. Got Grass?

    Got Grass? LawnSite Senior Member
    Messages: 363

  10. tremor

    tremor LawnSite Bronze Member
    Messages: 1,476

    Hi Gotgrass,

    No, I still live in CT. Always have. I've worked for LESCO since the late 80's. But I've worked extensively with Westchester County NY applicators since 1991. Today I supply clients in most counties in Eastern NY, from Buffalo on down to the City, Parts of NE New Jersey, Western CT, & a little bit into Southern Mass. And beleive me, the liberals in NY never fail to amaze me. In my area, NY is the worst state when it comes to rediculous, feel good, hug-a-tree, career politician loving, liberal fodder.

    We allready have this fiasco of a law in Westchester. Long Island counties opted in too (it started there). Ulster almost fell but went for a voluntary registry. Rockland did fall even though we very clearly beat them (the Sierra Club, Grean Peacers, & NYPIRG) in the public debates. Albany Co is still in the appeals phase I think.

    The liberals contend that the law would protect children & the environment from pesticide exposure. It hasn't. Most applicators who are spraying (trees or lawns), when confonted, lie if they haven't notified anyone in advance. The Counties don't have the revenue budgetted to test a spray tank for it's actual contents. So all the applicator has to do is claim that he or she is applying an exempt material. Who's gonna know?

    Granular lawn herbicides are exempt. Our sales of granular herb's in Westchester County climbed 830% in 2001 (first year of neighbor notification). This isn't shocking. What is shocking is the fact that liquid sales also increased by more than 10% that year. Proof that gran herb's just don't work as well as liquids & as such must be applied at heavier rates. They are also frequently "touched up" with liquids later, after they have failed to finish the job.

    At the final Rockland county meeting we were all milling about in the halls of the county office building after we were defeated, just talking shop & such. One of the Sierra Clubbers walked by us & I congragulated her on helping to get a flawed law passed that would actually INCREASE the overall consumption of herbicides in a county over 200 miles from her home. She burst into tears & practically ran away. Pathetic liberals!

    Please, fight a good fight up there whether it impacts you today or not. Every inch the liberals gain is an inch closer to completely destroying your own career path.

    I will help you any way I can.


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