8/17/1989 BOARD OF HEALTH Minutes

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4 M I NUTES, BOARD of HEALTH MEETING AdaJST 17, 1989 13. .COPY OF WE ELL BSD OF HEALTH PESTICIDE REGULATION W. creeli h stated that as suspected and Elias aggreed the Mendell regulation is substantially different from the one we adopted* Basically the Wendell reg has to do with the sale, the storage, and the handling of pesticides and herbicides. Let's go through our regulation, item by itr, and discuss any section which ma be in conflict. Let it be noted that both regulations apply t "restricted use pesticides", and both were adapted to protect ground and surface waters. Section 1: Dealing with Rights of Way has a l ready been adopted by the Board. (Nay 21, 1982) Section 2: covered under previously adopted regulation (August 9, 1982) Section 3; Sarre criteri urn as 2 - exi ti n regulation. - Sect i on 4: May be up for interpretation as to which we I 1 awmr is granting permission: the owner of the we 1 I on the lot to be sprayed or the owner of the abutting well'? Section 5: Falls under the pervue of #1 and #2 and falls under the l et I ands Protection Act, t h u s permission must be granted by the can ser vat i ori Cowission since they have jurisdiction within 100 feet of a I I wet 1 ands. (referring back to #4: the Board has the authority to protect drinking grater sources) Section : lay have to be mod i f i ed as with #4 if the owner/tennant cannot be reached,, perhaps a public hearing should be required notifying abutters by certified mail and publish— ing ubIishing a notice in the newspaper of a company's intention to to spray "restricted use" pesticides. Section : urgent'State Regulatim Section : Existing State Regulation Section 9: DEE a I ready requ i res ant i-bac f I ow prevent i ori devices. The intent of the regu I at i n is to permit the Board to inspect these devices to ensure that they fdnc ion as i Section 1 :Authority of the Board to protect ground and surface waters, See "Guidebook to Pesticidries" page 25 under. "Tank Mixing Section 11:same as (10). The Board is making provision for a source of water. Section 12:legal procedure for application to draw from hydrants Section 13fee structure to r min intact even if T c proposed reg. is adopted. Section 14:existing Stage law. Section 15: logically follows #9 & #13. M . Oreelish stated that the only sections he has not found precedent in law or current regulation are sections 4 and six where we would prohibit the application of pesticides unless we receive written permission from abutters. Mr. McQuaid stated that this regulation was revised several times and the final revision narrowed the scope of the regulation to only address "restricted uses' pestides. and the drawing of water. He further stated that mst caTanies have voluntarily discontinued using restricted use pesticides for liability purposes and because 'general use" pesticides are available which do as good a job. The Wendell by-law deals with the distribution, the labelling to storage of pesticides. burrs deEds with the spray-application of restricted use pesticides and simply prohibits the drawing f surface waters into tank trucks. The Board consented to ask W. Reardon about a POSSIBLE modification of items 4 & 6. Mr. costa indicated that Mr. Reardon has gust received a copy of the Wendell regi and that we have not received his currents on it. Let's wait for Reardon's caents and if he sti l;1 feels that we should rescind our reg, we'll have to call an emergency me ing because we need to respond to the i nd i ctent by net Thursday, the 24th. W. Oreelish instructed Mr. McQuaid tc relay the Board's ccrT nts of tonight to Mr. Reardon, and i ref o r him that the Board will call a spec i a l meeting pr*i or to the 24th if reed be to rescind our current regulation. EA