(a) Definition. For purposes of this section, "least toxic pesticide" means a substance not listed by the United States Environmental Protection Agency as a pesticide in Toxicity Category I or II, a carcinogen, or an inert ingredient of toxicological concern.
(b) Plan required. An Integrated Pest Management Plan that meets or exceeds the standards required for school playgrounds and athletic fields under the Agriculture Article of the State Code and provides for the use of only the least toxic pesticides available is required for all County parks and athletic fields.
(c) Notice of plan. The Department shall:
(1) post a copy of the Department's Integrated Pest Management Plan and any proposed updates to the Plan on the County website; and
(2) post a notice of the Plan at each County park and athletic facility that shall include:
(i) a statement that explains the Integrated Pest Management Plan and lists any pesticide that may be used as part of the Plan;
(ii) the street address, website address, and telephone number for the Department for questions regarding the Integrated Pest Management Plan; and
(iii) a statement that the Department maintains the product label or material safety data sheet of each pesticide used by the Department, that the label or data sheet is available for review, and that the Department may be contacted for additional information and comment.
(d) Notification prior to application. At least 24 hours before a pesticide is applied at a park or athletic facility, the Department shall post a notice at the park at which the pesticide is to be applied. The notice shall include:
(1) the common name of the pesticide;
(2) the location of the application;
(3) the planned date and time of application;
(4) any United States Environmental Protection Agency warning regarding exposure to the pesticide to be applied;
(5) a brief description of potential adverse effects based upon the material safety data sheet of the pesticide to be applied; and
(6) a notice that weather conditions or other circumstances may cause the actual date of application to be postponed to a later date or dates, for which notice will be provided if the date is more than 14 days after the planned application date.
(e) Emergency pest control. A pesticide may be applied without prior notification only if an emergency pest situation exists. Within 24 hours after an emergency pesticide application, the Department shall post at the park a notice that a pesticide was applied for emergency pest control. The notice shall include:
(1) the common name of the pesticide applied;
(2) the approximate location of the application;
(3) the date of application; and
(4) the reason for the emergency application.
(Bill No. 64-12)
Editor's note:
Section 2 of Bill No. 64-12 provides that this section shall take effect on July 1, 201