Sludge Watch ==> Maine - local ordinance controlling sludge and pesticides

[Maureen Reilly]

Sludgewatch Admin:

UPDATE - November19, 2006 -
Brunswick, Maine - a local control Health and Land Care Ordinance 
controlling pesticides and sewage sludge wins by 6 votes - over opposition 
of powerful government/waste industry coalition


Here is some info  paraphrased from local reports:


 _Brunswick Community Health and Land Care Ordinance_, a simple and
 common sense approach to public land care.
 This cost-effective initiative allows the community to cultivate healthy,
 hardy municipal turf without routine chemical pesticide use, thereby
 protecting the many thousands of children who visit parks. This is
 critical because children are the most vulnerable population to
pesticides.



 Some reasons why they voted  "Yes":
   1. *"Pesticides are not 'safe',"* according to the U.S. Environmental
     Protection Agency. It is illegal to claim so. Exposure to
      pesticides (which include herbicides, insecticides and fungicides)
      has been linked to genetic damage, endocrine disruption,
      neurological disorders and non-Hodgkin's lymphoma.

   2. *Children are Uniquely Susceptible* to pesticide exposure because
      their immune systems and bodies are still developing leaving them
      less capable of fighting the introduction of toxins to their
      bodies according to research from the Mount Sinai School of
      Medicine. Kids are also more likely to come in contact with
      pesticides because they crawl on the ground and put things into
      their mouths.

   3. *Pesticides are Costly*. Pesticide prices are tied to the rate of
      inflation so a town program that relies on these chemicals will
      see increasing costs. In addition to the expense of the chemicals,
     there also are short and long term health and environmental costs.

 4. *Pesticides Runoff Pollutes* ground and surface water. Because
     much of Brunswick's soil is sandy and the water table is near the
     surface, it is important to keep pesticides from being used over
      aquifers.

  5. *This Ordinance Ensures* that the town will avoid the risks
      associated with controversial products such as sewage sludge
      compost. A report commissioned by the U.S. Congress found that
     there is uncertainty about the potential for adverse human health
      effects from exposure to composted sewage sludge. This report
      questioned the scientific basis on which sludge regulations are
      based and identified gaps in data.

Research from Cornell
      University's Waste Management Institute shows that pathogens can
      re-emerge after composting, especially in cool, damp climates so
     common in Maine. Furthermore, it is a scientific fact that there
      are pollutants in sewer sludge that the composting process doesn't
      alter. These are persistent synthetic chemicals, like 1,4-D
      dioxin, elemental contaminants like metals, and endotoxins. The
      Sierra Club and the Maine Organic Farmers and Gardeners
      Association (MOFGA) are groups that advise against the use of
      sewer sludge compost.

   6. *Sludge-Related Illnesses* have been reported. Cornell
      University's New Solutions published a report that tracked
      symptoms, including headaches and respiratory problems, involving
     328 people in 39 incidents in 15 states. The study concluded that
     greater investigation of health claims is needed, and that the
      practice of spreading sewage sludge on the soil surface "appears
     to present a particularly high risk."

   7. *Coffin Pond is not affected *this ordinance. Organic materials
      rules allow the use of chlorine products. Furthermore, the town
      was informed that there would be no objection to a specific
     exemption for Coffin Pond.

 The Brunswick Community Health and Land Ordinance proposal provides an
alternative to the high risks associated with pesticide and sewer sludge
 use. Organic products will provide beautiful lawns, flowers and fields,
 but without the risk-- safer ways to have great fields, lawns and flower
gardens through the use of organic products.

 The Brunswick Health and Community Land Care Ordinance is modeled on a
 successful program in place in Marblehead, Mass. that prohibits chemical
pesticides and sewer sludge on all town property, including playing
 fields. These measures apply only to /public/ lands.



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Brunswick Community Health and Land Care Ordinance

I.          Purpose.  The purpose of this ordinance is to safeguard the 
health and welfare of the residents of the Town of Brunswick and to conserve 
and protect the Town's ground water and other natural resources, while 
ensuring preservation and enhancement of municipal lands.

WHEREAS, the US Environmental Protection Agency states: "All pesticides are 
toxic to some degree..., and the commonplace, widespread use of pesticides 
is both a major environmental problem and a public health issue."[1]

WHEREAS, the National Research Council refers to treated sewage sludge as 
"biosolids" and finds: "There is uncertainty about the potential for adverse 
human health effects from exposure to biosolids."[2]

WHEREAS, the protection of ground water is critical to promoting the health, 
safety and general welfare of the residents of Brunswick;

WHERAS, it is in the best interest of public health to eliminate the use of 
hazardous substances in the care of municipal land;

THEREFORE, the Town of Brunswick adopts land management principles and 
practices for the care of municipal land that minimize risk, to the greatest 
extent possible, to human health and the environment.

II.         Provisions.  The following provisions shall be applicable to all 
turf, landscape and outdoor pest management activities on municipal land.
Permitted:
·         Use or application of natural, organic land care protocols.
·         All control products and soil amendments, including fertilizer and 
compost, used under the terms of this ordinance shall be in keeping with, 
but not limited to, products that can be used on Maine Organic Farmers and 
Gardeners Association Certified Farms, and/or products permitted by the 
Organic Materials Review Institute or the USDA National Organic Program.
Prohibited:
·         Use or application of chemical pesticides, other than pesticides 
classified by the US Environmental Protection Agency as exempt materials 
under 40 CFR 152.25, and those products permitted by the Organic Materials 
Review Institute.
·         Use or application of sludge or sludge-derived products.

III.       Definitions.  "Natural, organic land care" shall mean an 
extension of the principles and practices   of organic agriculture to the 
care of turf and landscape.  References by way of guide may be made to the 
Organic Land Care Program of Connecticut and Massachusetts, the Organic Pest 
Management Policy of the Town of Marblehead, Massachusetts and the USDA 
National Organic Program.

"Pesticide" means any substance or mixture of substances intended for 
preventing, destroying, repelling or mitigating any pest; any substance or 
mixture of substances intended for use as a plant regulator, defoliant or 
desiccant; and any nitrogen stabilizer. It does not include multicellular 
biological controls such as mites, nematodes, parasitic wasps, snails or 
other biological agents not regulated as pesticides by the U.S. 
Environmental Protection Agency. Herbicides, fungicides, insecticides and 
rodenticides are considered pesticides.

"Sludge" and "sludge-derived products" shall include, without limitation, 
any product that contains a solid, semi-solid, or liquid waste generated by 
a municipal, commercial or industrial wastewater treatment plant or 
companies that use sludge in a product used as a soil additive, including 
composted class A residuals and residuals that may contain human pathogens.

"Municipal land" means all land owned or leased by the Town of Brunswick and 
managed by the Town    of Brunswick Parks and Recreation Department, 
including outdoor grounds such as parks, playing fields, conservation and 
open space.

 "Pest" shall include any undesirable insect, plant, fungi, bacteria, virus 
or micro-organism.

IV.       Exemptions.  The following processes are exempt: Drinking water 
and wastewater treatment; Indoor pesticide use; Contained baits or traps for 
rodent control; Use of pesticides classified by the US Environmental 
Protection Agency as exempt materials under 40 CFR 152.25 or pesticides 
permitted by    the Organic Materials Review Institute; Management of 
municipal land that the public uses infrequently (roadway medians, for 
example).

V.        Emergency Waiver.  If an emergency situation warrants the use of 
non-exempt pesticides, the Codes Enforcement Officer may, upon written 
request, grant a 30 day temporary waiver.  The waiver may be extended to a 
six month total period.  Waiver approval shall be subject to the use of the 
least toxic material available to address the given emergency.  The presence 
of weeds or common fungal diseases in the usual course of turf maintenance 
shall not constitute an emergency.

Waiver determination shall be based on the following criteria:
1.      The pest situation presents a) an immediate threat to human health 
and/or environmental quality, and/or b) an immediate threat of substantial 
property loss or damage; and
2.      Viable alternatives consistent with this ordinance do not exist.

VI.       Enforcement and Permits. This ordinance shall be enforced by the 
Code Enforcement Officer, according to the policies governing enforcement of 
municipal ordinances of the Town of Brunswick.

VII.      Advisory Committee.  The Brunswick Town Council may create an 
Advisory Committee to oversee implementation and enforcement of this 
ordinance and to study expanding this ordinance to include school property. 
At least two residents of Brunswick with an interest or expertise in public 
health and/or natural, organic land care shall be appointed to this 
committee.

VIII.     Conflict and Invalidity.  If a conflict or inconsistency is found 
between this ordinance and other sections of the zoning ordinance or town 
charter, the terms of the stricter provisions shall prevail.  The invalidity 
of a provision of this ordinance shall not invalidate any other provision of 
this ordinance.

IX.       Authority.  Pursuant to 30-A M.R.S.A. Section 3001, municipalities 
may enact ordinances to protect the welfare of their inhabitants.  Pursuant 
to 22 M.R.S.A. Section 1471-U, Maine municipalities may enact ordinances 
that apply to pesticide storage, distribution, or use.

Proposed changes to this ordinance must be approved by a majority vote of 
registered voters of the Town of Brunswick.

X.        Effective Date.  This ordinance shall be adopted on a regular 
basis and shall take effect immediately upon approval by the majority of the 
voters of the Town of Brunswick.  Upon adoption, a copy of this ordinance 
shall be sent to the Board of Pesticides Control.