Introduction

The Ogunquit Conservation Commission created this document to explain the 2014 proposed amendment to our current pesticide ordinance.  The current ordinance banning pesticide use on town-owned property was overwhelmingly approved by voters in 2009.

Last year there was an amended pesticide ordinance on the June 2013 ballot which expanded the ban from public to all property.  It was only 6 votes shy of being enacted with many more abstaining, even though we provided no education or explanatory information. 

This 2014 proposed ordinance is significantly different - more flexible and realistic - based on feedback from our community, and ordinances in place in other locales.  It is not an outright ban on pesticides as before, but limits their use and includes exemptions and a stream-lined process for waivers.

Why?  For those new to the discussion

Controlling pollutants in our waterways is an ongoing effort and something that everyone can help with.

Every home in Ogunquit is like waterfront property because what an individual does on their land (even unintentionally) eventually ends up in our waters.  Run-off from storm water and melting snow carries fertilizers, pesticides, and other chemicals and toxic matter into our common waterways. Only a community-wide solution addresses our pollution cause and effect.

This amendment would help protect our waters, the health of our residents and visitors, and our economy.

What are Pesticides?

Pesticides are “any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest; any substance or mixture of substances intended for use as a plant regulator defoliant or desiccant; and any nitrogen stabilizer.

It does not include multicellular biological controls such as mites, nematodes, parasitic wasps, snail or other biological agents not regulated as pesticides by the U.S. Environmental Protection Agency.

Herbicides (weeds, plants), fungicides (mildew, mold), insecticides and rodenticides are considered pesticides”. 

Citizen Concerns

The closeness of the vote caused the Conservation Commission to investigate what concerns citizens had.  People said, “of course, they support making Ogunquit waters clean and protecting the health of all, BUT – 3 things:

1)Confusion.  What does it mean?  One person thought it applied to products used inside their home.   What alternatives do I have?  How do I make a change? What is the cost?

2)Too Restrictive.  Outright ban.  What if I have a problem that can’t be fixed organically?

3)Enforcement: What is the plan?

The Proposed 2014 Ordinance Amendment Addresses Citizen’s Concerns

1)Confusion

We will provide educational materials to the public over the next 2 months.  This includes written brochures and mailings, as well as additional information available online and via email.  

Ongoing, specific practical information will be disseminated once the ordinance is passed.  This will be in writing and at meetings.   We have already met with several vendors including lawn care companies and product distributors.

The effective date is January 1, 2015, allowing landowners plenty of time to change some of their products and processes.

Last year before the June vote, flyers were (illegally) distributed to Ogunquit homes by RISE (Responsible Industry for a Sound Environment).   This organization actually, and covertly, represents chemical companies.  This lobbying effort on behalf of pesticide manufacturers and distributors is significant; they can even target a town the small size of Ogunquit that also has no distribution points.

We did not anticipate this, so will be ready this year to educate about the facts.

2)Too Restrictive 

First, certain processes are exempt such as drinking water and wastewater treatment, indoor pesticide use, contained baits or traps for rodents, and those pesticides listed as exempt by the EPA in their ongoing, up-to-date list.

Other exceptions include pesticides used for the purposes of controlling noxious weeds, invasive species, health and safety by controlling insects that are venomous or disease carrying, and mandatory appications from the federal or state government.  

Additional waivers can be granted based on a specific situation using such criteria as threats to human health, the environment, or of substantial property damage or loss.

3)Enforcement

Finally, enforcement of this amendment would be education-oriented and rely on the honor system.  Land owners must exercise their own controls on the use of chemical fertilizers, pesticides and herbicides.  Plus, we would inform all local landscaping companies of the new ordinance. 

As stated in the ordinance, the Conservation Commission will assist the CEO whenever requested.

Background Information:

1)Municipalities in Canada started the movement of banning pesticides in their towns, spending years up against aggressive resistance by lawn care chemical companies.  By 2003, pesticides were banned across the entire province of Quebec.   Today, 6 provinces in Canada have implemented this ban.

2)In the US, it is commonplace to have pesticide bans near schools and other public properties.  Many states, such as NY and NJ, ban the use of pesticides on public property.  All public spaces in Washington DC are treated organically.  Nine states, including Maine, allow municipalities to pass laws that are more restrictive than the state law.

3)Municipalities in the US ban pesticides to varying degrees.  Most recently, Takoma, MD enacted a ban on pesticides on both public and private property.

There are several reasons to pass this ordinance:

1)First, there is a long list of health problems associated with pesticide poisoning for not only children and pets, but adults as well. The majority of lawn care chemicals on the market today have not been tested for long-term effects on the environment.

2)We have a water pollution problem in Ogunquit and need to take corrective steps to protect our water quality. Continual contaminated water quality may endanger Ogunquit Beach, effecting swimming, boating, fishing, clamming, and our economic engine.

3)Every home in Ogunquit is like waterfront property because what an individual does on their land eventually ends up in our waters.  Run-off from storm water and melting snow carries fertilizers, pesticides, and other chemicals and toxic matter into our streams and waterways. This is a situation where individual action effects the health and welfare of the entire community, so only a community-wide solution will work – a proper role for governing.

4)Some pollutants can be traced to a specific location, while the vast majority results from a wide variety of activities over a wide area.  It is very time-consuming, costly, and sometimes impossible to continually attempt to trace the specific origin of pollutants.

5)Organic landscaping products and techniques are in wide use and do not have to cost more money.  There are many success stories.