HomeMy WebLinkAboutBIL 091 Draft 01 2020-2022
AN ORDINANCE AMENDING CHAPTER 15, HAWAI‘I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE 12 PROHIBITING USE OF GLYPHOSATE-BASED PESTICIDES IN COUNTY PARKS AND RECREATIONAL FACILITIES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Purpose.
The Council finds that glyphosate-based pesticides have been linked to increased risk of contracting leukemia and non-Hodgkin’s lymphoma. In 2015, the World Health Organization’s Internal
Agency for Research on Cancer declared glyphosate a probable carcinogen. Since then, thousands of lawsuits have been filed against the largest manufacturer of glyphosate products and
juries have so far awarded several judgments against this manufacturer, totaling over $2 billion for damages resulting from the adverse health effects of these products.
In the County of Hawai‘i glyphosate-based pesticides are routinely used to control vegetation in public parks, fields, bikeways, sidewalks, trails, drainageways, and waterways,
as well as along fence lines and roads. The routine use of this substance has the potential to subject County workers, the public, and wildlife to a high risk of exposure to this dangerous
chemical.
This ordinance is intended to reduce the use in County parks and recreational facilities of a chemical that has been linked with increased incidence of leukemia and non-Hodgkin’s
lymphoma.
This ordinance shall not be construed to prohibit the use of glyphosate-based pesticides by persons or entities other than the County.
SECTION 2. Chapter 15, Hawai‘i County Code 1983 (2016 Edition, as amended), is amended by adding a new article to read as follows:
“Article 12. Pesticide Use in County Parks and Recreational Facilities.
Section 15-91. Definitions.
As used in this article, unless otherwise specified:
“County park and recreational facility” means a park or recreational facility listed in section 15-68.1, the County’s park and recreational facility schedule.
“Emergency” means an urgent need to mitigate or eliminate a plant pest that threatens public health and safety.
“Minimum risk products and methods” are products and methods that are not required to be regulated by the Environmental Protection Agency under 40 CFR 152.25.
“Pesticide” means:
(1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; or
(2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
Section 15-92. Glyphosate-based pesticides in County parks and recreational facilities prohibited.
Except as otherwise provided in this article, the County shall not use, or permit to be used by County contractors, pesticides that contain Glyphosate as its active ingredient in all
County parks and recreational facilities on or after July 1, 2022.
Section 15-93. Exemptions.
(a) This article does not prohibit private property owners or those in control of private property, that is located adjacent to a County road easement from using glyphosate-based pesticides
on that easement, provided such activity is not in violation of the provisions of chapter 149A, Hawai‘i Revised Statutes.
(b) The Hilo Municipal Golf Course, Hilo Drag Strip, and County cemeteries are exempt from the provisions of this article, except for the provisions of section 15-94, relating to
the use of other synthetic pesticides.
(c) Emergency. Should an emergency arise that necessitates a temporary exemption to the provisions of this article, the mayor or applicable department may submit a formal request to
the council for such an exemption, provided that: actions taken during an exemption period are solely for the purpose of mitigating a public health hazard or emergency; all other methods
available are demonstrated to be inadequate in mitigating said emergency; and that a time frame for this exemption to take place is presented and affirmed. Requests for an emergency
exemption from the provisions of this article shall be made by official communication from the mayor or applicable department making the request for exemption.
Section 15-94. Use of other synthetic pesticides in County parks and recreational facilities.
(a) When a pesticide other than one that is glyphosate-based or that is not considered a “minimum risk product and method,” is applied by the County onto a County park or recreational
facility, pesticides shall be applied in accord with the following:
(1) Pesticide applications shall comply with the provisions of chapter 149A-31(1), Hawai‘i Revised Statutes;
(2) The area sprayed shall be made inaccessible to the public until the sprayed product dries, but for no less than four hours, or in accordance with the product’s label; and
(3) All directions on the label must be adhered to, such as wind or rain condition restrictions.
(b) A visible notice, in the form of temporary signage shall be posted at the location of pesticide application, identifying the pesticide used by name.”
SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect on July 1, 2022.
INTRODUCED BY:
___________________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: