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.”
Cleveland Brothers Landscaping, LLC – 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:
NYS Education Department – Part 155 Regulations
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:
NYS Senate – Education Law Section 409-k: