Ordinance No. 274-97

AMENDING THE SAN FRANCISCO ADMINISTRATIVE CODE BY AMENDING CHAPTER 39, SECTIONS 39.1 TO 39.8 AND ADDING SECTIONS 39.9 AND 39.10 TO ESTABLISH A CITY INTEGRATED PEST MANAGEMENT AND IMPLEMENTATION PROGRAM FOR THE MANAGEMENT OF PESTICIDE APPLICATIONS ON CITY PROPERTY BY CITY DEPARTMENTS AND CITY CONTRACTORS USING CITY PROPERTY AND TO ALLOW EXEMPTIONS FROM THE CITY’S POLICY BANNING CERTAIN PESTICIDE APPLICATIONS ON CITY PROPERTY.

NOTE: Additions are italicized; deletions are delineated with ((double parentheses.))

Be it ordained by the People of the city and County of San Francisco:

Section 1. The San Francisco Administrative Code is hereby amended by amending Chapter 39, Sections 39.1 to 39.8 and adding Sections 39.9 and 39.10 to read as follows:

((CITY PESTICIDE)) SAN FRANCISCO INTEGRATED PEST MANAGEMENT PROGRAM

Sec. 39.1 Purpose and Findings

Sec. 39.2 Definitions

Sec. 39.3 Ban on Use of Toxicity Category I and Certain Other Pesticides

Sec. 39.4 ((Reduction in)) Ban on Use of Toxicity Category II Pesticide((s)) Products; Total Pesticide Ban

Sec. 39.5 Notice of Pesticide Ban

Sec. 39.6 ((Development and)) Implementation of City Integrated Pest Management ((Plans)) Policy

Sec. 39.7 Record keeping of Pesticide Applications

Sec. 39.8 Exemptions

Sec. 39.9 City Contracts

Sec. 39.10. Guidelines

Sec. 39.1 PURPOSE AND FINDINGS.

(a) The Board of Supervisors hereby finds and declares that it shall be the policy of the City and County of San Francisco for City departments and City contractors who apply pesticides to City property to eliminate or reduce ((the use of)) pesticide applications ((by City departments)) on City property to the maximum extent feasible.

(b) Under this Chapter, the City and County of San Francisco wishes to exercise its power to make economic decisions involving its own funds as a participant in the marketplace and to conduct its own business as a municipal corporation to ensure that purchases and expenditures of public monies are made in a manner consistent with integrated pest management policies and practices.

(c) This Chapter 39 concerns the application of pesticides to property owned by the City and County of San Francisco only, and does not concern the application of pesticides to property that is not owned by the City and County of San Francisco.

(d) City departments shall (( and to develop and)) implement the following City Integrated Pest Management (IPM) ((Policies)) Policy: ((In City Departments)).

The City, in carrying out its operations, shall assume pesticides are potentially hazardous to human and environmental health. City departments shall give preference to reasonably available non-pesticide alternatives when considering the use of pesticides on City property. For all pest problems on City property, City department shall follow the integrated pest management (IPM) approach outlined below.

(1) Monitor each pest ecosystem to determine pest population, size, occurrence, and natural enemy populations, if present. Identify decisions and practices that could affect pest populations. Keep records of such monitoring.

(2) Set for each pest at each and identify in an IPM implementation plan, an injury level, based on how much biological, aesthetic or economic damage the site can tolerate.

(3) Consider a range of potential treatments for the pest problem. Employ non-pesticide management tactics first. Consider the use of chemicals only as a last resort and select and use chemicals only within an IPM program and in accordance with the provisions of Chapter 39.

(A) Determine the most effective treatment time, based on pest biology and other variables, such as weather, seasonal changes in wildlife use and local conditions.

(B) Design and construct indoor and outdoor areas to reduce and eliminate pest habitats.

(C) Modify management practices, including watering, mulching, waste management, and food storage.

(D) Modify pest ecosystems to reduce food and living space.

(E) Use physical controls such as hand-weeding, traps and barriers.

(F) Use biological controls (introducing or enhancing pests’ natural enemies.)

(4) Conduct ongoing educational programs.

(A) Acquaint staff with pest biologies, the IPM approach, new pest management strategies as they become known, and toxicology of pesticides proposed for use.

(B) Inform the public of the City’s attempt to reduce pesticide use and respond to questions from the public about the City’s pest management practices.

(5) Monitor treatment to evaluate effectiveness. Keep monitoring records and include them in the IPM implementation plan.

(e) Nothing in this Chapter is intended to apply to pesticide applications that are required to comply with federal, state or local laws or regulations.

39.2. DEFINITIONS. whenever used in this ordinance, the following terms shall have the meanings set forth below.

(a) "Agricultural Commissioner" means the county Agricultural Commissioner for the City and County of San Francisco.

(b) "antimicrobial agent" means any substance or mixture of substances intended for inhibiting the growth of, or destroying any bacteria, fungi pathogenic to man and other animals, or viruses declared to be pests under Food and Agricultural Code Section 12754.5, except slime control agents, substances intended for use in or on humans or other animals, and use in or on processed food, beverages or pharmaceuticals. Antimicrobial agents include, but are not limited to, disinfectants, sanitizers, bacteriostats, sterilizers, fungicides and fungistats applied to inanimate surfaces, and commodity preservatives and protectants applied to raw materials or manufactured products.

((b)) (c) "City department" means any department of the City and County of San Francisco and includes any pesticide applicator hired by a City department to apply pesticides on City property. City department does not include any other local agency or any federal or state agency, including but not limited to the San Francisco School District, the San Francisco Community College District, the San Francisco Redevelopment Agency and the San Francisco Housing Authority.

((c)) (d) "Commission on the Environment" means the Commission on the Environment provided for by San Francisco Charter Section 4.118.

(e) "Contract" means a binding written agreement, including but not limited to a contract, lease, permit, license or easement between a person, firm, corporation or other entity, including a governmental entity, and a city department, which grants a right to use or occupy property of the City and County of San Francisco for a specified purpose or purposes.

(f) "Contractor" means a person, firm, corporation or other entity, including a governmental entity, that enters into a contract with a City department.

(g) "Department of the Environment" means the Department of the Environment provided for by San Francisco Charter Section 4.118.

((d)) (h) "Integrated Pest Management" means a decision making process for managing pests ((management method)) that uses monitoring to determine pest injury levels and combines biological, cultural, physical, and chemical tools to minimize health, environmental and financial risks. The method uses extensive knowledge about pests, such as infestation thresholds, life histories, environmental requirements and natural enemies to complement and facilitate biological and other natural control of pests. The method uses the least toxic synthetic pesticides only as a last resort to controlling pests.

((e)) (i) "Pesticide" means ((economic poison)) pesticide as defined in Section 12753 of Chapter 2 of Division 7 of the California Food and Agricultural Code.

((f)) (j) "Toxicity Category I Pesticide Product" means any pesticide product that meets United States Environmental Protection Agency criteria for Toxicity Category I under Section 156.10 of Part 156 of Title 40 of the Code of Federal Regulations.

(d) "Toxicity Category II Pesticide Product" mans any pesticide product that meets United States Environmental Protection Agency criteria for Toxicity Category II under Section 156.10 of Part 156 of Title 40 of the Code of Federal Regulations.

Sec. 39.3. BAN ON USE OF TOXICITY CATEGORY I AND CERTAIN OTHER PESTICIDES.

Except for pesticides granted an exemption pursuant to Section 39.8 effective January 1, 1997, no City department shall use any Toxicity Category I Pesticide Product, any pesticide containing a chemical identified by the State of California as a chemical known to the State to cause cancer or reproductive toxicity pursuant to the California Safe Drinking Water and Toxic Enforcement Act of 1986, and any pesticide classified as a human carcinogen, probable human carcinogen or possible human carcinogen by the United States Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances.

Sec. 39.4. ((REDUCTION IN)) BAN ON USE OF TOXICITY II PESTICIDE((S)) PRODUCTS: TOTAL PESTICIDE BAN.

(a) Except for pesticides granted an exemption pursuant to Section 39.8 ((By)) effective January 1, 1998, ((any)) no City department ((that uses one or more pesticides other than the pesticides subject to the ban under Section 39.3, shall reduce by fifty percent (50%) the cumulative volume of such pesticides that it used in calendar year 1996.)) shall use any Toxicity Category II Pesticide Product.

(b) Except for pesticides granted an exemption pursuant to Section 39.8 ((B)) by January 1, 2000, any City department that uses one or more pesticides not ((other than the pesticides subject to the)) banned under Section 39.3 or Section 39.4 (a), shall reduce by one hundred percent (100%) the cumulative volume of such pesticides that it used in calendar year 1996. ((, except for those pesticides that the Board of Supervisors has reviewed and approved for use for purposes of protection of public safety or public health, based on a recommendation from the Commission on the Environment.))

Sec. 39.5 NOTICE OF PESTICIDE USE.

(a) Except as provided in subdivisions (b) through (e) hereof, within one hundred and twenty (120) days of the effective date of this ordinance, any City department that uses ((using)) any pesticide shall comply with the following notification procedures:

(1) Signs shall be posted at least four days before application of the pesticide product and remain posted at least four days after application of the pesticide.

(2) Signs shall be posted (a) at every entry point where the pesticide is applied if the pesticide is applied in an enclosed area, and (b) in highly visible locations around the perimeter of the area where the pesticide is applied if the pesticide is applied in an open area.

(3) Signs shall be of a standardized design that are easily recognizable to the public and workers.

(4) Signs shall contain the name and active ingredient of the pesticide product, the target pest, the date of pesticide use, the signal word indicating the toxicity category of the pesticide product, the date for re-entry to the area treated, and the name and contact number for the City department responsible for the application.

(b) City departments shall not be required to post signs in accordance with section (a) in right of way locations that the general public does not use for recreational purposes. However, each City department that uses pesticides in such right of way locations shall develop and maintain a public access telephone number about pesticide applications in the right of way areas. Information readily available by calling the public access number shall include for any pesticide that will be applied within the next four days or has been applied within the last four days: a description of the area of the pesticide application, the name and active ingredient of the pesticide product, the target pest, the date of pesticide use, the signal word indicating the toxicity category of the pesticide product, the re-entry period of the area treated and the name and contact number for the City department responsible for the application. Information about the public access telephone number shall be posted in a public location at the City department’s main office building.

(c) City departments using baits shall not be required to post signs in accordance with subsection (a). However, each City department that uses pesticidal baits shall post a permanent sign: (1) in each building or vehicle where the baits are used. (2) at the City department’s main office or a similar location where the public obtains information regarding the building or vehicle, and (3) when baits are used outdoors to control rats and other pests, in a conspicuous location outside of the area where the baits are used. The sign shall indicate the name and active ingredient of the baits used in and around the building or vehicle, the target pests, the signal word indicating the toxicity category of the pesticide product, the area or areas where the baits are commonly placed, and the contact number for the City department responsible for the bait application.

(d) City departments may obtain authorization from the Agricultural commissioner to apply a pesticide without providing a four day advance notification in the event of a public health emergency or to comply with worker safety requirements. Signs meeting the requirements of subsection (a) (2) through subsection (a) (4) shall be posted at the time of application and remain posted four days following the application. A City department applying pesticides for which an exemption is granted pursuant to this subsection (d), shall report any pesticide usage to the commission on the Environment within thirty (30) days of application.

(e) The Commission on the Environment may grant exemptions to the notification requirements for certain other specific one-time pesticide uses and may authorize permanent changes in the way City departments notify the public about pesticide use in some specific circumstances, upon a finding that good cause exists to allow an exemption to the notification requirements. Prior to granting an exemption pursuant to this subsection, the City department requesting the exemption shall identify the specific situations in which it is not possible to comply with the notification requirements and propose alternative notification procedures. The commission on the Environment shall review and approve the alternative notification procedures. A City department applying pesticides for which an exemption is granted pursuant to this subsection (e), shall report any pesticide usage to the commission on the Environment within thirty (30) days of application.

Sec. 39.6 ((DEVELOPMENT AND)) IMPLEMENTATION OF CITY INTEGRATED PEST MANAGEMENT ((PLANS)) POLICY.

(a) Within ninety (90) days of the effective date of Section 39.1(d) each City department that uses pesticides shall ((develop and implement an)) submit to the Department of the Environment a plan for implementing the City Integrated Pest Management (IPM) Policy. The Commission the Environment may require periodic IPM plan updates. The IPM implementation plans and any periodic updates shall be consistent with the requirements of this Section and any guidelines developed by the Department of the Environment pursuant to this Chapter. ((For purposes of development of the policies, Integrated Pest Management shall have the meaning given that term in this ordinance.))

(b) A City department IPM implementation plan shall outline the ways in which the City department shall comply with the City IPM Policy in Section 39.1(d). The City department IPM implementation plan shall include pesticide applications performed by pesticide applicators at the request of the City department. The IPM implementation plan shall contain a list of the types and quantities of chemicals used as of December 31, 1996, the types of pest problems, the alternatives adopted to date, alternatives proposed for adoption within the next six months, and the primary IPM contact for the City department.

(((b) The City department shall use an independent consultant with at least three years experience in developing and implementing IPM policies that emphasize the least toxic alternatives to pesticides to assist the City department in preparation of its IPM policy. The IPM Policy shall identify resources the city department has and will need to implement the policy, including personnel trained in IPM practices. The policy shall identify the actions the City department is taking to obtain any needed resources to implement the policy.))

(((c) The Agricultural Commissioner shall assist City departments in implementing IPM policies to the extent resources are available the Agricultural Commissioner to provide such assistance.))

(((d) Each City department required to develop an IPM policy shall submit a draft of its IPM policy to the Commission on the Environment. The Commission shall review and may make recommendations on the draft IPM policy regarding conformity with long-term plans for environmental sustainability adopted by the Commission.))

(((e) After the Commission on the Environment has completed its review of the draft IPM policy, the City department shall submit the draft IPM policy to the board or commission for the department or the City Administrator for any department under the City Administrator. If the Commission on the Environment recommended any modifications in the draft IPM policy, the City department shall advise the board, commission or City Administrator, as applicable, of such recommendations and any proposed modifications to the draft IPM policy which the department determines are appropriate.))

(c) At the request of the Department on the Environment, the Commission may determine that a City department’s IPM implementation plan is not in conformity with the City IPM Policy. Upon a determination of nonconformity, the City department shall submit a revised plan to the Department of the Environment in accordance with a schedule established by the Commission.

(d) The Agricultural Commissioner shall establish an IPM Policy implementation program to assist City departments in implementing the City IPM Policy. The Agricultural Commissioner shall establish a data bank of information concerning pesticide use by City departments and the efficacy of alternatives used by City departments. All City departments that use pesticides shall participate in the Agricultural Commissioner’s program by:

(1) Identifying the types of pest problems that the city Department has.

(2) Identifying types and quantities of pesticides currently in use by the City department.

(3) Identifying the use of alternatives for banned pesticides.

(4) Designating City department contact personnel who are responsible for the service for which the pesticides are used to regularly assess the efficacy of alternatives and to act as a resource for other City departments, and

(5) Providing regular reports as required by the Agricultural Commissioner on the City department’s efforts to implement the City IPM Policy.

(f) The Agricultural Commissioner shall determine the cost of maintaining the IPM implementation program. The Agricultural Commissioner may request that the City departments that use pesticides provide work orders to the Agricultural Commissioner to cover the cost of maintaining the program.

((f)) (g) No later than July 1, 1997 and quarterly thereafter, ((City departments that use pesticides)) the Agricultural Commissioner shall report to the Commission on the Environment on the status of ((their)) City department efforts to ((adopt and)) implement the City IPM ((policies and to comply with the other provisions of the ordinance.)) Policy. The Department ((Commission )) on the environment shall provide an annual report to the Board of Supervisors on the status of City department efforts.

Sec. 39.7 RECORD KEEPING OF PESTICIDE APPLICATIONS. (a) Each City department ((, board or commission)) that uses pesticides shall keep records of each pesticide application. Each application record shall include the following information.

(1) the target pest

((1)) (2) the type and quantity of pesticide used.

((2)) (3) the site of the pesticide application.

((3)) (4) the date the pesticide was used.

((4)) (5) the name of the pesticide applicator.

((5)) (6) the application equipment used.

(b) Application records shall be made available to the public upon request in accordance with the provisions of the San Francisco Sunshine Ordinance, San Francisco Administrative Code, Chapter 67.

Sec. 39.8. Exemptions. (a) Notwithstanding any other provision of this Chapter, ((T))this Chapter ((will)) shall not apply to the use of any pesticide for the purpose of improving or maintaining water quality at drinking water treatment plants, wastewater treatment plants, reservoirs and related collection, distribution and treatment facilities.

(b) Notwithstanding any other provision of this Chapter, this chapter shall not apply to the use of antimicrobial agents of the purpose of protecting public health and safety in the provision of health care and the treatment of water in public swimming pools.

(c) Until January 1, 1999, this Chapter shall not apply to the use of antimicrobial agents for any purpose not specified in subsections (a) and (b). By July 1, 1998, the Commission on the Environment shall make a recommendation to the Board of Supervisors on whether, and if so to what extent, the City should include antimicrobial agents in its IPM Policy. This recommendation shall be accompanied by a report prepared by the Department of the Environment on the results of its inquiry into (1) the best approach to minimize antimicrobial use consistent with public health and safety and (2) the most appropriate definition of "antimicrobial agents" to be used in the IPM Policy. In developing the report, the Director of the Department of the Environment shall consult with representatives from the Bureau of Environmental Health Management of the Department of Public Health, San Francisco General Hospital, the Purchaser’s Office, one or more of the organizations concerned with integrated pest management and the Agricultural Commissioner.

(d) The Department of the Environment shall grant a City department an automatic exemption, retroactive to January 1, 1997, for any pesticide banned by Section 39.3, under the following circumstances:

(1) the City department submits an application to the Department of the Environment for the automatic exemption within thirty (30) days of the effective date of this subsection (d), and

(2) the application identifies the pesticide or pesticides for which the exemption is sought and the intended use of each pesticide.

The automatic exemption shall remain in effect for ninety (90) days from the date of submittal of the application, or, if the City department submits an application for a one-year exemption as provided by subsection (e) within ninety (90) days of submittal of the automatic exemption application, the automatic exemption application, the automatic exemption shall remain in effect until the Commission on the Environment renders a decision on the one-year exemption request.

(e) A City department may apply to the Department on the Environment for up to a one-year exemption from the pesticide ban imposed by Sections 39.3 or 39.4 for use of a particular pesticide for a particular use. Upon the filing of a complete application, the Department of the Environment shall submit the exemption request to the Commission on the Environment. The Commission on the Environment may grant the one-year exemption upon a finding that the City department has:

(1) made a good-faith effort to find alternatives to the banned pesticide.

(2) demonstrated that effective, economic alternatives to the banned pesticide do not exist for the particular use, and

(3) developed a reasonable plan for investigating alternatives to the banned pesticide during the exemption period.

(f) A City department may apply to the Department on the Environment for a limited use exemption for a particular pesticide banned pursuant to Section 39.3 or Section 39.4 and not covered by a one-year exemption. Upon the filing of a complete application, the Department of the Environment shall submit the exemption request to the Commission on the Environment. The Commission on the Environment may grant a limited-use exemption provided that the Commission finds that the city department will use the pesticide for a specific and limited purpose and for a short and defined period and the City department has identified a compelling need to use the pesticide.

(g) The Commission on the Environment may exempt a reduced-risk pesticide from the ban imposed by Section 39.4 (a) or Section 39.4 (b) upon a finding that the reduced-risk pesticide is commonly used as part of an IPM strategy. The Department on the Environment shall maintain a list of reduced-risk pesticides granted an exemption pursuant to this subsection.

Sec. 39.9. CITY CONTRACTS. (a) As of the effective date of this Section, when a City department enters into a new contract or extends the term of an existing contract, the contract shall obligate the contractor to comply with provisions of this Section 39.9 (a):

(1) Effective January 1, 1998, the contractor shall comply with Sections 39.3, 39.5 and 39.7. In addition, effective January 1, 1998, the contractor shall submit to the City department an IPM implementation plan that lists the types and estimated quantities to the extent possible, of pesticides that the contractor may need to apply to City property during its contract, outlines actions the contractor will take to meet the City IPM Policy in Section 39.1 to the extent feasible, and identifies the primary IPM contract for the contractor.

(2) Effective January 1, 1999, the contract shall comply with Section 39.4(a)

(3) Effective January 1, 2000, the contractor shall comply with Section 39.4(b).

(b) As of the effective date of this section, when a City department enters into a new contract or extends the term of an existing contract that authorizes a contractor to apply pesticides to City property, the city department shall submit an IPM implementation plan update to the Commission on the Environment that incorporates the pesticide usage of the contractor into the City department’s IPM implementation plan.

(c) A contractor, or City department on behalf of a contractor, may apply for any exemption authorized under Section 39.8.

Sec. 39.10. GUIDELINES. The Department of the Environment may issue guidelines to assist City departments in the implementation of this Chapter.

APPROVED AS TO FORM:

LOUISE H. RENNE

City Attorney

Board of Supervisors, San Francisco

Passed for Second Reading on June 23, 1997

Finally Passed on June 30, 1997

Date approved July 03, 1997

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