The Board of Education recognizes a concern for the safety of students, staff, residents and others who utilize the facilities and grounds of the North Colonie Central School District. To this end, the Board authorizes the limited and prudent use of pesticides or herbicides (collectively, “pesticides”) to the District’s playgrounds, turf, athletic fields or playing fields only when necessary to ensure environmentally safe buildings and grounds.
The use of a pesticide, other than the types of exempted pesticide alternatives set forth in Education Law § 409-k, on the District’s playgrounds, turf, athletic fields or playing fields only is allowed when the Board makes a determination that an emergency pesticide application is needed to protect against a “serious or imminent public health or environmental threat.” If an emergency arises that warrants the Board’s approval of an emergency pesticide application, then the District must comply with the following notification requirements set forth in the Education Law prior to or upon the application of the pesticide:
- The District must make a good-faith effort to provide written notification to individuals on its 48-hour pesticide registry notification list prior to the pesticide application; and
- The District must notify the NYS Department of Health (“DOH”) regarding the emergency pesticide application, using a form developed by the Commissioner for suchpurposes that shall include minimally: (1) the name of the person making the application;(2) the pesticide business registration number or certified applicator number of the person making such application; (3) the location and date of such application; (4) the product name and USEPA registration number of the pesticide applied; and (5) the reason for such application.
In determining whether an emergency exists for the purpose of applying pesticides to the District’s playgrounds, turf, athletic fields or playing fields, the New York State Department of Environmental Conservation’s guidance provides that the following are not generally considered to create serious or imminent public health or environmental threats:
- A problem that can be managed with allowed products and/or alternative pest management methods;
- Routine or repetitive pest problems; or
- A pesticide application for purely aesthetic reasons.
In cases that do not rise to the level of an emergency, the District shall only apply the six (6) types of exempted pesticide alternatives provided in Education Law § 409-k to its playgrounds, turf, athletic fields or playing fields. The six types of exempted pesticides are:
- Antimicrobial products
- Aerosol sprays in 18 ounce cans (or smaller)
- Non-volatile insect and rodent baits in tamper resistant containers
- Use of products containing boric acid or disodium octaborate tetrahydrate
- Horticultural oils and soaps that do not contain synthetic pesticides or synergists
- Pesticides classified as Exempt by the Environmental Protection Agency (“EPA”)
The use of these six (6) types of exempted pesticide alternatives does not require approval from the Board prior to use.
References:
“Child Safe Playing Fields Act”:
Education Law § 409-k
Pesticide Neighbor Notification Law:
Environmental Conservation Law, §§33-0301[2][m], 33-0303[3][d], [e]; 6 NYCRR Part 325, Section 41
Pesticide Neighbor Notification Law:
Education law § 409-h
Environmental Conservation Law §§ 33-1004 and 33-1005
Adopted: July 7, 2011
Revised: March 25, 2019