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Pesticide Notification

Memorandum  

Date: December 28, 2021 

From: Matthew Hayden, Program Coordinator I (Health/Safety/Risk)  

 Management Services, Capital Region BOCES  

Re: Cleveland Brothers Fertilization Treatment for Corinth CSD  

This memorandum is intended to provide the second periodic notification of pesticide application as  required by NYSED Law 409-h. The following products have been used by the Cleveland Brothers  Landscaping, Inc. for the proposed fertilizer treatment at River Street Field, Oak Street Field, and Center  Street Field and contain pesticides in the form of insecticides and herbicides. These products were applied  between August and November 2021.  

Product Application Dates, Identifiers, and Hazard Statements:  

Allectus 0.225 G Plus Turf Fertilizer Insecticide (EPA #432-1417-82757) Applied August 6th 2021  Causes skin irritation. Causes serious eye irritation. May cause respiratory irritation. Prolonged or  repeated skin contact may cause dermatitis. Prolonged or repeated exposure may cause permanent eye  damage.  

Dimension 0.10% Plus Fertilizer (EPA#10404-85) Applied November 4th 2021  Harmful if swallowed. Causes eye irritation. Causes skin irritation. May cause an allergic reaction in  sensitive individuals. May cause respiratory irritation.  

Eliminate Selective Herbicide (EPA#228-313-10404) Applied June 9th and November 4th 2021  Harmful if swallowed or inhaled. Causes serious eye damage. May cause skin irritation. May cause  damage to organs (live, kidneys) through prolonged or repeated exposure.  

More information about these products may be found on Cleveland Brothers’ website. The link is  provided within the list of resources attached to this document.  

Questions about the district’s use of pesticides may be referred to the school pesticide representative,  James Grady, Supervisor of Buildings and Grounds (518-654-9005 Ext: 3406).  

Emergency Pesticide Application:  

New York State Education Law Section 409-k(2) states that “No school shall apply pesticide to any  playgrounds, turf, athletic or playing fields, except that an emergency application of a pesticide may be made as  determined by the county health department, … or in the case of a public school, the school board.” It is the  responsibility of the Board of Education to determine if the pesticide application is considered an  emergency. New York State Department of Health provides guidance on the emergency determination  process and the following would not consider warranting an emergency pesticide application: 

? When the problem can be managed with the allowed products and/or alternative pest management  methods (even when it takes time to learn and fully practice pesticide alternatives)  ? For routine or repetitive pest problems. Pest problems can occur on a regular or seasonal basis,  but they do not usually rise to the level of a public health or environmental threat to constitute  emergencies  

? When the pesticide application would be for pure aesthetic (non-emergency) reasons  

Emergency pesticide application would be warranted if the safety and health of children and adults could  be compromised, and an application of the pesticides would significantly reduce the threat. Some  examples of situations that would warrant an emergency pesticide application are:  

? An unusual infestation (not in the routine presence) of a vector population (e.g., ticks) that may  carry human pathogens  

? Situations that may arise in the future, but that have not yet been identified or are not currently  problems in New York State (e.g., establishment of fire ant colonies).  

If the Board designates and approves the pesticide application as an emergency, parent, student, and staff  written notification is required. Typically, there is a 48-hour notification requirement prior to pesticide  applications. For emergency applications, there must be a good faith effort to supply the written notice.  NYS Education Law Section 409-h(2)(e)(x) states “Upon making such an emergency application, the person  making such application shall notify the commissioner of the department of health, using a form developed by the  commissioner for such purposes that shall include minimally the name of the person making the application, the  pesticide business registration number or certified applicator number of the person making such application, the  location and date of such application, the product name and USEPA registration number of the pesticide applied  and the reason for such application. The commissioner shall review such form to ensure that the circumstance did  warrant such emergency application. Such forms shall be kept on file at the department for three years from the date  of application and shall be available to any individual upon request.”  

Parents, Guardians, and School Staff are able to request to receive emergency notifications via the Initial  Notification to Persons in Parental Relation and Staff Pursuant to Section 409-h of the State Education  Law and Commissioner’s Regulation 155.24 form. If you have not already filed this form, and would like  to receive these notifications, please contact the school pesticide representative, James Grady, Supervisor  of Buildings and Grounds (518-654-9005 Ext: 3406).  

There are situations where 48-hour prior notification is not required. The following applications are not  subject to prior notification requirements:  

? a school remains unoccupied for a continuous 72 hours following an application;  ? anti-microbial products;  

? nonvolatile rodenticides in tamper resistant bait stations in areas inaccessible to children;  ? nonvolatile insecticidal baits in tamper resistant bait stations in areas inaccessible to children;  ? silica gels and other nonvolatile ready-to-use pastes, foams, or gels in areas inaccessible to  children;  

? boric acid and disodium octaborate tetrahydrate;  

? the application of EPA designated biopesticides;  

? the application of EPA designated exempt materials under 40 CFR 152.25;  

? the use of aerosol products with a directed spray in containers of 18 fluid ounces or less when  used to protect individuals from an imminent threat from stinging and biting insects including  venomous spiders, bees, wasps, and hornets. 

As previously stated, it is the responsibility of the Board of Education to designate a pesticide application  as an emergency. If deemed emergent, the above notification requirements are to be met according to  NYS Education Law 409-h and NYS Commissioner’s Part 155 Regulation, specifically Section 155.24.  

Important Things to Consider:  

1. Pesticides are banned on school playgrounds, turf, and athletic fields. Only emergency  applications are allowed where there is an imminent threat to human health.  

2. Emergency applications must be approved by the BOE. The School Board deliberates and may  consult DOH, DEC and SED as well as the expertise of ground managers, nurse, etc. to determine  the need for the emergency application.  

3. The school community must be notified as per SED regulation Part 155.24. This also requires the  district to designate a pesticide representative. This is a Corinth CSD employee who will answer  questions regarding any applied pesticides and whose contact information will be given on  pesticide notification and summary communications. The Corinth CSD pesticide representative is  James Grady, Supervisor of Buildings and Grounds (518-654-9005 Ext: 3406).  

4. The number of confirmed and probable cases of Lyme disease per 100,000 population (DOH  Reported Statistics): Crude Rate for Saratoga County: 132.9 (as of May 2017) represents a higher  Lyme Disease incidence than most counties in the State.  

5. Consequences of tick infestations: NYSDOH announces results of Powassan virus-related tick  collection activities in Saratoga County (August 2017)  

“As part of the expanded [tick] collection efforts in Saratoga County, the Department visited 30 unique  locations and collected approximately 2,700 ticks for testing at The Wadsworth Center. Five positive pools,  comprised of 22 ticks, tested positive for Powassan. Two of the positive pools were found at the Saratoga  Spa State Park, one at the 100 Acre Woods Trail in Malta, one at the Saratoga National Historical Park in  Stillwater, and the final pool at a private residence elsewhere in the County. This is the first time that  Powassan has been found in ticks in Saratoga County. This enhanced surveillance will continue in the fall  with collection of adult ticks from many of these same sites, as well as collection and testing of blood from  hunter-harvested deer for previous exposure to Powassan.”

Resources  

Cleveland Brothers Landscaping, LLC – Fertilization:  

https://www.clevelandbrotherslandscaping.com/services/fertilization/  

NYS Department of Health – Emergency Pesticide Application Determinations:  https://www.health.ny.gov/environmental/pests/guidance_85.htm 

NYS Department of Health – Tick Outreach:  

https://www.health.ny.gov/press/releases/2017/2017-08-29_tick_outreach.htm  

NYS Education Department – Part 155 Regulations  

http://www.p12.nysed.gov/facplan/Laws_Regs/8NYCRR155.htm  

NYS Education Department – School Integrated Pest Management and Neighbor Notification:  http://www.p12.nysed.gov/facplan/IPM/IPMNeighborNotificationDocument.htm  

NYS Senate – Education Law Section 409-h:  

https://www.nysenate.gov/legislation/laws/EDN/409-H  

NYS Senate – Education Law Section 409-k:  

https://www.nysenate.gov/legislation/laws/EDN/409-K

May 24, 2017