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a. The restrictions established pursuant to section 17-1203 of this chapter shall not apply to the following:
1. pesticides otherwise lawfully used for the purpose of maintaining a safe drinking water supply at drinking water treatment plants, wastewater treatment plants, reservoirs, and related collection, distribution and treatment facilities;
2. anti-microbial pesticides;
3. pesticides applied to professional sports playing fields, golf courses or used to maintain water quality in swimming pools;
4. pesticides used for the purpose of maintaining heating, ventilation and air conditioning systems, cooling towers and other industrial cooling and heating systems;
5. pesticides used for the purpose of rodent control in containerized baits or placed directly into rodent burrows or placed in areas inaccessible to children or pets;
6. pesticides or classes of pesticides classified by the United States environmental protection agency as not requiring regulation under the federal insecticide, fungicide and rodenticide act, and therefore exempt from such regulation when intended for use, and used only in the manner specified;
7. biological pesticides;
8. boric acid and disodium tetrahydrate, silica gels, diatomaceous earth, and nonvolatile insect bait in tamper resistant containers;
9. synthetic substances listed as allowed on the United States department of agriculture national list of allowed and prohibited substances;
10. non-synthetic substances, unless listed as prohibited on the United States department of agriculture national list of allowed and prohibited substances;
11. pesticides used to control invasive plant species listed on the New York state invasive plant list in areas that the agency responsible for the property maintains for purposes other than public access;
12. pesticides used to control harmful plant species, as defined by the New York state department of environmental conservation, found growing on City property maintained for purposes of public access;
13. pesticides used when the agency responsible for the property determines alternative treatments to be a worker safety hazard related to vehicular traffic; and
14. pesticides used to comply with a state or federal mandate or permit requirement.
(Am. L.L. 2021/056, 5/23/2021, eff. 5/23/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/056.
Any city agency, including the department, is authorized to apply to the commissioner for a waiver of the restrictions established pursuant to section 17-1203 of this chapter. Such application shall be in a form and manner prescribed by the commissioner and shall contain such information as the commissioner deems reasonable and necessary to determine whether such waiver should be granted. Upon submitting an application for a waiver, the agency requesting the waiver shall notify by email the president of the borough in which pesticides may be applied pursuant to such waiver, the council member in whose district pesticides may be applied pursuant to such waiver, and the community board for the community district in which pesticides may be applied pursuant to such waiver, and publish notification of such waiver request in the City Record. In determining whether to grant or deny a request for a waiver, the commissioner shall consider whether the application of 17-1203 would be, in the absence of the waiver, unreasonable with respect to (i) the magnitude of the infestation, (ii) the threat to public health, (iii) the availability of effective alternatives and (iv) the likelihood of exposure of humans to the pesticide. Such waiver may be issued with respect to one or multiple applications and may be granted for a term deemed appropriate by the commissioner, provided, however, that such term shall not exceed one year. Within thirty days of granting a waiver, the department shall post the waiver application in its entirety to the department's website, and the agency receiving the waiver shall notify by email the president of the borough in which pesticides will be applied pursuant to such waiver, the council member in whose district pesticides will be applied pursuant to such waiver, and the community board for the community district in which pesticides will be applied pursuant to such waiver, and provide the pest management committee, as established by section 17-1204 of this chapter, with a copy of such waiver.
(Am. L.L. 2021/056, 5/23/2021, eff. 5/23/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/056.
a. Any city agency or contractor applying pesticides on property owned or leased by the city shall post a notice at publicly accessible locations on such site at least twenty-four hours prior to any such application, in a form and manner prescribed by the commissioner, provided, however, that applications requiring immediate action for public health reasons, such as severe rodent infestations, where mosquito larvae are present, or where populations of infected mosquitoes are present shall require that notice be placed concurrently with such application. Such notice shall include, but not be limited to:
(1) Date of posting, proposed date of pesticide application and two alternative dates to the proposed date of application when, due to weather conditions, the pesticide application on the proposed date is precluded;
(2) Address of pesticide application and, if known, specific sites to which the pesticide is to be applied;
(3) Pest to be controlled and method of pesticide application;
(4) Common trade names of the pesticide, if applicable;
(5) United States environmental protection agency registration number of the pesticide, the active ingredient(s) contained in the pesticide and information on how to obtain further information about the products applied, such as by calling the National Pesticides Telecommunications Network at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health Info line at 1-800-458-1158; and
(6) Name and telephone number of the city agency or contractor responsible for the application.
b. The city agency or contractor responsible for posting the notice required pursuant to subdivision a of this section shall not remove such notice for the longer of either three days subsequent to the last moment of pesticide application or the number of days required on the pesticide product label.
c. The notification requirements established pursuant to this section shall not apply to pesticides listed in section 17-1205 of this chapter.
a. Each city agency that uses pesticides shall keep records, for a minimum of three years or such longer time period required by statute, regulation, or agency directive, of each pesticide application by such agency, or by a contractor in the fulfillment of a contract with such agency, which shall include, but not be limited to:
(1) Date and location of the specific site of pesticide use;
(2) Pest to be controlled and the method of pesticide application;
(3) Name and quantity of the pesticide used, including common trade names of such pesticide, if applicable;
(4) United States environmental protection agency registration number of the pesticide and active ingredient(s) contained in the pesticide;
(5) Name and telephone number of the city agency or contractor responsible for the application;
(6) Proof that notice required pursuant to section 17-1207 was provided;
(7) Any waiver that was granted pursuant to section 17-1206 of this chapter, if applicable.
b. Effective February 1, 2007, and every February first thereafter, each city agency that is subject to the requirements of subdivision a of this section shall submit a report to the commissioner, in a form and manner prescribed by the commissioner, which shall contain the information required to be maintained pursuant to that subdivision for review and analysis. Effective May 1, 2008, and every May first thereafter, the commissioner shall submit a report to the speaker of the council that includes the information reported by each agency pursuant to this subdivision and a summary of such information. Such summary report shall include, but not be limited to, a summary, disaggregated by agency, of the number of times each pesticide was used, the total amount of each pesticide used and the Toxicity Category for each pesticide as determined by the United States environmental protection agency.
c. The department of parks and recreation shall submit a report to the speaker of the New York City Council on February 1, 2007, indicating the pesticides used on city owned golf courses, the frequency of application of such pesticides and any integrated pest management program for such golf courses.
a. Every city contract to perform work or provide labor or services related to property owned or leased by the city shall contain the following provision: "To the extent that you apply pesticides to any property owned or leased by the city, you, or any subcontractor you hire, shall comply with chapter 12 of the administrative code."
b. Upon receiving information that a contractor is in violation of this chapter, the city agency holding the contract shall review such information and offer the contractor an opportunity to respond. If such city agency finds that a violation has occurred, it shall take such action as may be appropriate and provided for by law, rule or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, and/or declaring the contractor in default.
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