Landcare Management Advisory Committee

City of Portland Landcare Management Advisory Committee Tuesday, February 11, 2025 at 6:30 PM The Landcare Management Advisory Committee will conduct this meeting remotely via Zoom. Allow your computer to install the free Zoom app to get the best meeting experience. If you are not able to attend live either in person or via Zoom, a recording will be available in the Agenda Center following the meeting. If there is public comment via Zoom, you will need to use the "raise your hand" feature. To raise your hand via the telephone, please hit *9. You will be unmuted by the host when it is time for public comment. https://portlandmaine- gov.zoom.us/j/86976306558?pwd=qNOR5Zo2LaNuquIKezX dqkgLeJn2oC.1 To submit written public comment on an agenda item, email landcare@portlandmaine.gov. Submissions must be received by 12:00 pm the day before the Landcare Management Advisory Committee meeting to guarantee their inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To help ensure your comment is submitted for the correct item, please include the name of the agenda item (see below). 1. Review Minutes from February 4, 2025 2. Review draft amendments to Chapter 34 a. Memo b. Redline Chapter 34 3. Adjournment 1 Page 1 City of Portland | Sustainability Office Troy Moon, Director To: Member of the Portland LMAC Jesse O’Brien, Chair February 11, 2025 Thank you for the robust discussion about the proposed amendments to Chapter 34 during our meeting on February 4. Committee members offered a variety of valuable suggestions and comments about the original staff proposal which I have incorporated into recommendations submitted to the Sustainability and Transportation Committee for consideration. First, I have set aside the recommendation to amend the composition of the waiver committee at this time. Reflecting some committee members' concern that the proposed language may broadly exempt the use of reduced risk pesticides for grubs, I have narrowed the recommendation to specifically exempt chlorantraniliprole. Finally, reflecting committee input that the use of this product should be monitored, I have added language that all applications of chlorantraniliprole must be reported to the Sustainability Office. Staff has recommended the following amendments to Chapter 34 to the Sustainability and Transportation Committee. The amendment to 34-7 is a necessary companion to the 34-5 amendment because of the recommended application method for Chlorantraniliprole. Chapter 34-5 section 4, Exempt Applications: add ix.​ Grub control application: Chlorantraniliprole may be used to control grubs if applied by a Professional Applicator as directed by the manufacturer. All such applications shall be reported to the Sustainability Director. Which addresses the current lack of an effective treatment for grubs. 1 Page 2 Chapter 34-7 Waivers Which reflects the prescribed application method of chlorantraniliprole. As we discussed during the meeting on February 4, staff is recommending these amendments for the following reasons: 1.​ Lack of an organic treatment method to address grub infestations Healthy, organically maintained turf is highly resistant to grub infestation and damage, but grubs can become established even in healthy turf. When this happens, there are no organic methods that reliably control grub populations in Maine. Researchers continue to explore options such as Milky Spore, which is a type of bacteria that is harmful to grubs, application of nematodes, and application of another bacterium, Bacillus thurigiensis (Bt). To date, they have not demonstrated effectiveness, as demonstrated by the two failed treatments at Cheverus. 2.​ Chlorantraniliprole presents minimal impact to the environment and to the public when used as directed on the product label Using organic practices to build and maintain soil health remains the first defense against grub damage, but in the event of an infestation that causes unacceptable levels of damage, chlorantraniliprole is a low-risk way to control them. It is classified as a reduced-risk pesticide by the EPA and, as noted on its product label, “When used as directed, this product does not present a hazard to humans or domestic animals.” It is deemed safe enough that the EPA does not require a cautionary signal word such as 2 Page 3 Caution or Warning. Organic products such as Bt and Milky Spore, which are ineffective but currently allowed by our ordinance, must display a cautionary signal word of Caution and note hazards to humans and domestic animals. Chlorantraniliprole is toxic to aquatic invertebrates but this threat can be mitigated by following the guidance on the product label. Chapter 34 restricts application of any pesticide within 75’ of a waterbody. 3.​ Athlete safety According to the Sports Field Management Association, natural turf fields with good quality turfgrass cover have higher traction, cushioning, and resiliency, and lower surface hardness than synthetic surfaces. This reduces the probability of injury in contact sports. Natural turf also provides cooler playing surfaces. However, these advantages are diminished when natural turf fields have damage from grub infestations such as bare spots, uneven playing surfaces, and loose grass surfaces that can cause athletes to fall or slide unexpectedly. This can result in serious injuries. Having a means to treat grubs will help field managers maintain high quality natural turf playing surfaces that reduce the likelihood of athlete injury. Once again, I appreciated the robust discussion and look forward to reviewing these recommendations on Tuesday evening. 3 Page 4 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-1 Rev. 9-19-2022 Chapter 34 LANDCARE Sec. 34-1. Title. This chapter shall be known as the City of Portland Landcare Ordinance (hereinafter, the “Ordinance”). (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) Sec. 34-2. Purpose. The purpose of this ordinance is to safeguard the health, safety and welfare of the residents of the City and to conserve and protect the City’s waterways and natural resources by curtailing the use of pesticides and fertilizers for turf, landscape and outdoor pest management. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) Sec. 34-3. Definitions. The following words, terms and phrases, when used in this ordinance, shall have the following meaning: Aggrieved party means an individual or entity that applies for but is denied a waiver from provisions of this ordinance as described in Section 34-6. Broadcast application means the spreading of pesticides over an entire area. Commercial Agriculture means the production of crops for sale, including crops intended for widespread distribution to wholesalers or retail outlets and any non-food crops. Compost means soil amendment made from decomposing organic matter used to improve soil structure and nutrient holding capacity. For the purposes of this ordinance, compost is not considered a fertilizer. Emergency means a serious, unexpected, and often dangerous situation requiring immediate action. 1 Page 5 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-3 Rev. 9-19-2022 Environmentally sensitive areas means areas that are particularly vulnerable to fertilizer nutrient loss and/or where direct transmission of fertilizer nutrients to surface water or ground water is likely. This includes coastal and freshwater wetlands, beaches and sand dunes, streams and tributary streams EPA means the United States Environmental Protection Agency. Fertilizer means a substance containing one or more plant nutrients and used for its plant nutrient content. State law requires that all fertilizer products be registered with its department of agriculture prior to distribution. FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq. Golf course means an area of land laid out for playing the game of golf with a series of 9, 18 or more holes. Mini-golf and disc golf courses are not considered golf courses. Heavy rain event means a rain event producing 0.5 inch or more of precipitation in a one hour period. High Use Athletic Facilities means the following playing fields located in the following parks as listed in Chapter 18, section 18-11: Fox Field, Quinn Field and Deering Oaks Baseball Field at Deering Oaks Park; Back Cove Park; and Payson A Field in Payson Park. It shall also include Presumpscot Field at Deering High School. Hydro-seeding means the process of seeding by pumping seed in a mixture of water through a nozzle that sprays the mixture onto a seedbed. The water mixture may also contain add-ins such as fertilizer and certain mulches. Landcare means a land management approach intended to prevent soil degradation and responsibly manage land resources, and cultivate environmental health. Landcare Management Advisory Committee (LMAC) means the Landcare Management Advisory Committee as described in this Chapter. New development means any alteration of land for the purposes of construction or reconstruction redevelopment that 2 Page 6 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-3 Rev. 6-17-2024 results in soil disturbance and/or compaction, vegetation removal, and/or regrading. Organic fertilizer means a fertilizer derived from either plant or animal products that contain nutrients for plant growth. It is acceptable for the materials in these fertilizers to have been subjected to biological degradation processes under normal conditions of aging, rainfall, suncuring, air drying, composting, rotting, enzymatic, or anaerobic/aerobic bacterial action, or any combination of these. In order to qualify as organic fertilizer, the materials in these fertilizers may not be mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by manipulations such as drying, cooking, chopping, grinding, shredding, hydrolysis, or pelleting in order to qualify as organic fertilizer. Organic fertilizers are broken down by, and feed, the microbial life in the soil. Organic landcare means a landcare management technique that integrates cultural, biological, and mechanical practices to build soil health, including practices such as mowing at higher levels, aeration, top dressing with compost, over-seeding, and watering deeply but infrequently, and without the use of toxic pesticides and synthetic fertilizers. Organic material means the organic matter component of soil, consisting of plant and animal detritus at various stages of decomposition, cells and tissues of soil microbes, and substances that soil microbes synthesize. Over-seeding means the application of additional turfgrass seeding to existing turf. Performance turf means grounds devoted to athletic fields and golf courses. Prills means a small aggregate or globule of a material, most often a dry sphere or pellet. Fertilizers and some detergent powders are commonly manufactured as prills. Repellant means a substance that deters insects or other pests from approaching or settling. Invasive Species means a plant or insect that is not native to a particular ecosystem, and whose introduction does or is likely to cause economic or environmental harm or harm to human 3 Page 7 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-3 Rev. 6-17-2024 health. Invasive species include those plants listed under the Maine Department of Agriculture, Conservation and Forestry’s Natural Areas Program as currently invasive, potentially or probably invasive, and highly likely but not currently invasive, as well as those insects listed by the Maine Forest Service as threats to Maine’s forests and trees. Natural, organic or "non-synthetic" means a substance that is derived from mineral, plant, or animal matter and does not undergo a “synthetic” process as defined in the Organic Foods Production Act, 7 U.S.C. § 6502(21), as the same may be amended from time to time. Organic pest management means the act of managing or controlling pests through the use of mechanical, cultural, or, biological processes, or through the use of natural, organic, or non-synthetic substances. Person means any individual natural person, partnership, joint venture, society, association, company, club, trustee, trust or corporation; or any officer, agent, employee, or personal representative of any thereof, in any capacity acting either for her or himself or for any other person under either personal appointment or pursuant to law. Pest shall have the same meaning as the term set forth in 40 C.F.R. § 152.5, as the same may be amended from time to time. Pest Management means the act of managing or controlling pests through the use of chemical, mechanical, cultural, biological, or genetic measures. Pesticide means 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. It does not include multicellular biological controls such as mites, nematodes, parasitic wasps, snails or other biological agents not regulated as pesticides by the EPA. Herbicides, fungicides, insecticides and rodenticides are considered pesticides. Pests of significant public health importance means the pests listed by the EPA, in conjunction with the U.S. Department of Health and Human Services and the U.S. Department of Agriculture, as pests of significant public health importance. 4 Page 8 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-3 Rev. 6-17-2024 Preemptive application means the application of pesticides as a measure against something possible, anticipated or feared, i.e., as a preventive or deterrent measure. Public utility means any transmission and distribution utility, telephone utility, water utility, gas utility, or natural gas pipeline utility that is subject to the jurisdiction of the Maine Public Utilities Commission. Re-establishment means a procedure involving complete turf removal and seeding or laying sod to establish new turf. Restricted Entry Interval, also known as the re-entry interval or re-entry time, means the minimum amount of time that must pass after a pesticide is applied to an area before people or pets can safely go into that area. The labels on pesticides provide information about an individual pesticide's REI. Slope means the ratio of elevation change to horizontal distance, expressed as a percentage. Slope is computed by dividing the vertical distance by the horizontal distance, and multiplying the ratio by 100. For purposes of this Chapter, a slope shall include only those areas with a horizontal distance of at least 50 feet. Soil means the outer, weathered layer of the Earth’s crust which can potentially support plant life and is made up of inorganic particles, organic matter, organisms, water and air. Soil amendment means a soil amendment is material added to soil to improve its physical properties, including, but not limited to, the substances listed on the National List of Allowed and Prohibited Substances, 7 C.F.R § 205.601, as the same may be amended from time to time. For the purposes of this ordinance, a soil amendment is not considered fertilizer. Soil microbes means living organisms in soil (such as bacteria and fungi), which feed on organic matter and decompose rapidly. Soil test means the standard soil test offered by the University of Maine Cooperative Extension or a comparable test identified by the City Manager or their designee. (Ord. No. 245-23/24, 6-17-2024) 5 Page 9 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-3 Rev. 6-17-2024 Starter fertilizer means a fertilizer formulated for a one- time application at planting or near that time to encourage root growth and to enhance the initial establishment of turf. This is typically a water-soluble product that contains high levels of phosphorus to allow for robust root growth. Steep topography means slope lengths exceeding 50 feet (horizontal distance) on slopes greater than 15%. Summer dormancy means the period during mid-summer most commonly observed in un-irrigated lawns when turf growth ceases. Dormancy is characterized by brittle texture and a loss of green color. Synthetic means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring sources, except that such term shall not apply to substances created by naturally occurring biological processes. Synthetic fertilizer means any fertilizer manufactured from one or more synthetic materials and may or may not contain animal parts, animal byproducts, manures or renderings. Synthetic fertilizer bypasses the microbial life in the soil and is taken up by the plant directly. Total nitrogen means the sum of all fertilizer nitrogen species, including water soluble nitrogen forms, slow release nitrogen forms, and water insoluble nitrogen forms. The percentage of total nitrogen appears as the leftmost number of the grade on fertilizer labels. Turf means a community of herbaceous plants that can be mowed, including grass and sod; a surface layer of the earth with grass growing on it, usually mowed, including lawns, grass covered medians, athletic fields, golf courses, outdoor event spaces, and the like. Waiver Committee means the Waiver Committee as described in this Chapter. Water body means any great pond, river, stream or tidal area as those terms are defined in Chapter 14 of the Portland Code of Ordinances. 6 Page 10 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-3 Rev. 6-17-2024 Wetland means a coastal or shoreland freshwater wetland as those terms are defined in the City’s Zoning Ordinance, Chapter 14 of the Code of Ordinances. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) Sec. 34-4. Applicability The following provisions shall apply to all outdoor pest management activities and use of fertilizer conducted within the boundaries of the City of Portland (hereinafter, the “City”), on both public and private land, excluding the exemptions provided in this Chapter. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) Sec. 34-5 Permitted, prohibited, and exempt applications (a) Subject to the applicability dates set forth in Sec. 34-14 herein, the following provisions shall apply to all outdoor pest management activities in the City. 1. Permitted Pest Management Activities and/or Materials, except as provided in (b)(3) below: i. Organic Pest Management, except as provided in (b)2 below; ii. Use or application of Synthetic substances specifically listed as “allowed” on the U.S. Department of Agriculture’s National List of Allowed and Prohibited Substances (the “National List”); and/or iii. Use or application of Pesticides determined to be “minimum risk pesticides” pursuant to the FIFRA and listed in 40 C.F.R. § 152.25(f)(1) or (2), as may be amended from time to time. 2. Prohibited Pest Management Activities and/or Materials: i. Use or application of Synthetic substances other than those described in (a)(2) above; ii. Use or application of Non-synthetic substances specifically listed as “prohibited” on the National List; and/or iii. The use or application of pesticides (whether natural, organic, “non- synthetic,” synthetic or otherwise) within seventy five feet of a water body or wetland. 7 Page 11 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-5 Rev. 6-17-2024 3. Exempt Pest Management Activities and/or Materials. The following are exempt from the provisions of this ordinance (and therefore are allowed): i. Use or application of Pest Management Activities and/or Materials in connection with Commercial agriculture; ii. Pet supplies, such as shampoos and tick and flea treatments, when used in the manner specified by the manufacturer; iii. Disinfectants, germicides, bactericides, miticides and virucides, when used in the manner specified by the manufacturer; iv. Insect repellents when used in the manner specified by the manufacturer; v. Rat and rodent control supplies when used in the manner specified by the manufacturer; vi. Swimming pool supplies when used in the manner specified by the manufacturer; and/or vii. General use paints, stains, and wood preservatives, and sealants when used in the manner recommended by the manufacturer. 4. Exempt Applications. The following applications are exempt from the provisions of this ordinance (and therefore are allowed): i. Specific health and safety applications. Prohibited pesticides may be used to control plants that are poisonous to the touch, such as poison ivy, pests of significant health importance such as ticks and mosquitoes, and animals or insects that may cause damage to a structure, such as carpenter ants or termites; ii. Golf course applications. Prohibited pesticides may be used on golf courses provided that the course is designated through Audubon International as a Certified Audubon Cooperative Sanctuary; iii. Hadlock Field applications; iv. Treatments for Heritage Elms; v. Applications on fields at High Use Athletic facilities (until January, 2023, unless this date is extended by the City Council); 8 Page 12 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-5 Rev. 6-17-2024 vi. Prohibited pesticides may be used to control the Emerald Ash Borer, Asian Longhorned Beetle, Hemlock Woolly Adelgid, Browntail Moth and other insects identified as invasive by the Maine Forest Service; vii. Right-of-way applications. Prohibited pesticides may be used by a public utility that maintains a right-of-way through the City; and/or viii. Invasive plant applications on city property. Applications to control plants categorized as currently considered invasive in Maine by the Maine Department of Agriculture, Conservation, and Forestry. ix. Grub control application: Chlorantraniliprole may be used to control grubs if applied by a Professional Applicator as directed by the manufacturer. All such applications shall be reported to the Sustainability Director. 5. Disclosures. For any exempt applications by the City, disclosure shall be made in the annual report described in Section 34-9 of this ordinance. 6. Exempt Uses. The following uses are exempt from the provisions of this ordinance (and therefore are allowed): i. Any use of pesticides mandated by state or federal law or required by an order or decision from a court or state or federal board or agency. (b) Subject to the applicability dates set forth in Sec. 34-14 herein, the following provisions shall apply to all fertilizer applications in the City. 1. Prohibited Fertilizer Applications. The following prohibitions apply for all fertilizer applications on all turf types: i. Applications within 75 feet of a water body or wetland or other environmentally sensitive area are prohibited. ii. Applications on frozen ground or saturated surfaces are prohibited. iii. Applications when a heavy rain event is occurring is prohibited. 9 Page 13 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-5 Rev. 6-17-2024 iv. Applications during summer dormancy or when the ground is partially or wholly frozen are prohibited. v. Applications on impervious surfaces are prohibited; if spills occur on impervious surfaces, they must be swept up immediately. vi. Applications with phosphorus are prohibited except where a soil test conducted within the last three years indicates a need for phosphorus, or phosphorous is being used for new development/re- establishment, as specified in subsection (B) below. vii. Applications of synthetic fertilizer are prohibited except where a waiver has been granted pursuant to Sec. 34-7 below. viii. Application of compost or fertilizers derived from wastewater treatment sludge or from organic residuals remaining after industrial processes (such as paper making) is prohibited within the boundaries of the City of Portland. ix. Applications of organic fertilizer not in compliance with subsection (2) below are prohibited. 2. Permitted Fertilizer Applications. The following applications of organic fertilizer are allowed within the limits for the specific application as set forth below: i. Except as specified in subsections (ii), (iii), and (iv) below, applications of organic fertilizer, including residential lawns, are allowed only when a soil test conducted within the last three years indicates a need for nitrogen. Applications of organic fertilizer may not contain nutrients in excess of the amount recommended by the completed soil test. Only phosphorus-free, organic fertilizer is allowed for these applications, unless the soil test indicates a need for phosphorus. ii. Applications of organic fertilizer on performance turf are allowed as necessary provided that total nitrogen does not exceed 4 lbs per 1,000 square feet per year. iii. Applications of organic starter fertilizer for new development may contain phosphorus without a 10 Page 14 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-5 Rev. 6-17-2024 soil test. The fertilizer must be incorporated into top soil 2-3 inches deep. Two fertilizer applications are permitted for one calendar year from the date of first application only. For each application, total nitrogen and phosphorus may not exceed 1 lb. per 1,000 square feet. iv. Applications of organic fertilizer for re- establishment of turf may contain phosphorus without a soil test. Unless the application is through hydro-seeding or overseeding, the organic fertilizer must be incorporated into the soil 2-3 inches deep. Fertilizer applications may not exceed 1 lb. of nitrogen and phosphorus per 1,000 square feet per application. Total nitrogen and phosphorus may not exceed 2 lbs. per 1,000 square feet per calendar year from the date of last application. v. Application of organic fertilizer to gardens, including vegetable, flower, and ornamental, may be applied without a soil test, although a soil test is highly recommended. Fertilizer must be incorporated into the soil with a rake or other tool so it is not left exposed on the topsoil. 3. Exempt Fertilizer Applications. Notwithstanding any other provision in this Chapter, the following applications of fertilizer are exempt from the provisions of this ordinance (and therefore allowed without restriction): i. Golf course applications. Fertilizers may be used on golf courses provided that the course is designated through Audubon International as a Certified Audubon Cooperative Sanctuary; ii. Hadlock Field applications. iii. Liquid deep root feeding of trees. iv. Fertilization of woody plants and shrubs so long as fertilizer is injected to the root or applied within the drip edge of the plant and incorporated into the soil with a rake or other tool. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 79-20/21, 9-21-2020; Ord. No. 60- 22/23, 9-19-2022; Ord. No. 245-23/24, 6-17-2024) Sec. 34-6. Landcare Management Advisory Committee. 11 Page 15 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-6 Rev. 9-19-2022 (a) The Landcare Management Advisory Committee (“LMAC”) is hereby established. The LMAC shall consist of seven (7) members as follows: 1. The City’s Sustainability Director or a City employee appointed by the City Manager; 2. One (1) practicing agronomist appointed by the City Council; 3. Two (2) Maine Board of Pesticides Control-licensed landscape professionals, at least one (1) of whom has experience in organic land care management and is accredited by the Northeast Organic Farming Association in Organic Land Care, each appointed by the City Council; and 4. Three resident or taxpayer representatives appointed by the City Council at least one of whom has experience in organic land care management. (b) The terms of office of the six (6) LMAC members appointed by the City Council shall be three-year terms, except that the initial appointments after the establishment of the LMAC shall be such that the terms of office of no more than two (2) members shall expire in any single year. The term of office for the City employee LMAC member shall be for as long as the employee holds said employment position. (c) The LMAC shall advise the City Council and the City’s Sustainability Coordinator Director with respect to the following: 1. Advising the Sustainability and Transportation Committee and the City’s Sustainability Coordinator Director of any problems encountered or amendments that may be required to achieve the full and successful implementation of this ordinance; 2. Reviewing and acting upon waiver applications when applicable; 3. Developing and implementing outreach and education as specified in Sec. 34-11 of this ordinance (in coordination with the Sustainability CoordinatorDirector); 4. Seeking the participation, advice and counsel of experts in the fields of organic turf and landscape 12 Page 16 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-6 Rev. 9-19-2022 management, maintenance of trees and shrubs, and organic pest protocol; 5. Encouraging broad community participation, from parents, schools, advocates, and local arboriculture and landscaping businesses, in the activities of the LMAC; 6. Reviewing annual data and issuing a summary report annually by March 31 to the Sustainability and Transportation Committee, or whatever committee is assigned an oversight role by the City Council, which includes, among other things, a summary of its educational outreach; recommendations on any necessary amendments to this chapter; the number of waivers granted in the past year; and comprehensive data taken from the written documents provided by Applicators and/or Licensed Applicators about the use of pesticides and fertilizers within the City of Portland including, but not limited to: i. The amount of pesticides and fertilizers used on privately or publicly owned land in the City of Portland; ii. The reasoning for such use of pesticides and fertilizers; and iii. The specific pesticides and fertilizers that were used. 7. Any additional responsibilities as may be assigned and deemed necessary by the City Council. (d) PLMAC Officers, meetings and records. 1. The members shall annually elect a chair and a secretary from their membership; 2. All meetings of the LMAC shall be noticed and open to the public in accordance with the City’s notice policies and Maine’s Freedom of Access Act; 3. A quorum shall consist of four members; 4. The LMAC shall meet at least five (5) times annually; 5. Minutes shall be kept of all meetings and posted on the City web page; and 13 Page 17 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-6 Rev. 9-19-2022 6. An annual report of the LMAC’s activities shall be submitted to the Sustainability and Transportation Committee by March 31 of each year. (e) LMAC may adopt procedural rules for the conduct of its business not inconsistent with this article. Such rules shall be filed with the City Clerk. All such rules shall be subject to veto, in whole or in part, by the Council within 45 days of such filing. The initial rules shall take effect when filed, subject to veto as provided above. Amendments to the rules shall take effect upon expiration of said veto period. Any rule may be waived by the chair upon good cause being shown. (f) Waiver Subcommittee: 1. A subcommittee of the LMAC shall be established annually and consist of the designated City staff member and one (1) other member of the LMAC designated by the Chair; 2. This subcommittee shall be authorized to review and decide waiver applications as described in section 34- 7; and 3. The LMAC shall schedule meetings of the Waiver Subcommittee frequently enough to be responsive to waiver requests. All meeting dates shall be posted in advance on the City calendar. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) Sec. 34-7. Waivers. (a) In situations that are an emergency, threaten the public health, safety or welfare, or for the control of invasive species that pose a threat to the environment, persons shall apply to the LMAC Waiver Committee for a waiver from the provisions of this ordinance prior to the use/application of a prohibited fertilizer or pesticide or prior to the conduct of a prohibited application. (b) In addition, Persons may apply to the Waiver Committee for a waiver in order to use a synthetic fertilizer on performance turf or for new development, prior to the actual use of the synthetic fertilizer, if one or more the following conditions exists: 1. The soil temperature is less than 55 degrees Fahrenheit and reasonable grounds exist to justify fertilizer use at that location and at that time; 14 Page 18 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-7 Rev. 9-19-2022 2. The turf is experiencing high stress due to high use and must be ready for high performance play when the sports season(s) begin; or 3. A suitable organic product that meets the nutrient needs of the soil as specified in a soil test is unavailable. (c) The waiver application shall be filed with the LMAC Waiver Committee, on a form prescribed by the Committee and shall include the following information: the reason for requesting the use/application of a prohibited pesticide; the proposed location(s) of the proposed application(s); details on the timing(s) of use, substance(s) and amounts to be applied; date(s) of application; and a management plan that includes the narrowest effective application, avoidingexcludes broadcast and preemptive applications when feasible; and a pest identification and threshold report. In order to approve a waiver application, the LMAC Waiver Committee must find that all of the following criteria are met: 1. A situation exists that: is an emergency; threatens the public health, safety and/or welfare; involves an invasive species; that poses a threat to the environment,; or requires a non-permitted pest management activity and/or material to protect buildings or structures from damage; 2. The applicant has carefully evaluated all alternative methods and materials including, but not limited to, non-pesticide management tactics, minimum risk pesticides, non-synthetic pesticides, and is choosing to use the minimum amount of the least toxic, most effective pesticide necessary; 3. The applicant will, to the greatest extent practical, minimize the impact of the application on abutting properties; and 4. To the maximum extent possible the grant of the waiver will not be detrimental to the public’s health, safety or welfare. (d) The Waiver Committee shall conduct a hearing on all complete waiver applications received within ten (10) business days of receipt of the complete application and shall seek to 15 Page 19 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-7 Rev. 9-19-2022 issue a written decision on the application within three (3) business days of reviewing an application. (e) In approving any waiver application, the Waiver Committee may also prescribe conditions and safeguards as are appropriate to further the purposes of this ordinance. The waiver decision of the Waiver Committee shall be in writing, with copies provided to the applicant, the LMAC, and the Sustainability CoordinatorDirector, and the City Clerk. An Aggrieved Party may appeal a written decision of the LMAC Waiver Committee to the City Manager or designee within five (5) business days of the issuance of the committee’s decision. The appeal shall be in writing and shall state the basis for the appeal. The City Manager or designee (who shall not be a member of the LMAC) shall act upon the appeal within five (5) business days of receipt of the appeal. The decision of the City Manager or designee shall be in writing, with copies provided to the aggrieved party, the LMAC Waiver Committee, and the Sustainability CoordinatorDirector. The decision of the City Manager or designee shall be final. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) Sec. 34-8. Reporting by State of Maine Licensed Applicators. In addition to complying with the Maine Board of Pesticides Control rules regarding record keeping and reporting requirements as outlined in01-026 C.M.R. Ch. 50, as amended from time to time, all State of Maine licensed applicators are required to submit to the LMAC an annual summary report on or before February 1st of each calendar year relating to the preceding calendar year. This report shall contain the following information for applications performed in the City in the prior calendar year: target site, pesticide brand name, EPA registration number, total undiluted formulation (in pounds or gallons), and total area treated as listed and as amended on the Commercial Applicator Annual Summary Report required by the Maine Board of Pesticides Control. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) Sec. 34-9. Management plan and annual reporting for publicly owned parks and open spaces. The City shall maintain a management plan for public open spaces that shall be posted on the City website. The City Manager or designee shall provide an annual report to the LMAC describing efforts to reduce the use of synthetic pesticides, a description 16 Page 20 City of Portland Pesticide Use Code of Ordinances Chapter 34 Sec. 34-9 Rev. 1-3-2018 of synthetic pesticides used during the previous year, the reason for their use, and the cost of such pesticide usage. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) 34-10. Public Notification. Any person shall comply with the following posting requirements. (a) For all prohibited pesticide uses or applications: 1. A warning sign shall be posted on the privately or publicly owned land. These signs must be posted before application activities commence on the land and be left in place for at least forty-eight (48) hours after actual application or until expiration of the restricted entry interval indicated by the pesticide label, whichever is longer; 2. All signs shall be at least five (5) inches high and four (4) inches wide in size. Signs shall be attached to the upper portion of a dowel or other supporting device so that the bottom of the sign is not less than 12" and the top of the sign is not more than 48" above the ground. The signs shall be of rigid, weather resistant material substantial enough to be easily read for the duration of the placement; 3. All signs must be light colored (white, beige, yellow or pink) with dark, bold letters (black, blue or green). They shall have lettering that is conspicuous and clearly legible; 4. The sign must include the following: i. The word “CAUTION” in 72-point type; ii. The words “PESTICIDE APPLICATION” in 30-point type or larger; iii. The Maine Board of Pesticides Control designated symbol; iv. Any reentry precautions from the pesticide labeling; v. The name and telephone number of the entity making the pesticide application; vi. The date and time of the application; vii. A date and/or time to remove the sign; viii. the chemical and trade name of the pesticide; and ix. the length of time to remain off the treated area as indicated by the pesticide label; and 17 Page 21 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-10 Rev. 9-19-2022 5. For licensed applicators, the requirements above are in addition to any requirements that may also apply to State of Maine licensed applicators subject to the Maine Board of Pesticides Control rules, as may be amended from time to time, regarding public notification. (b) All retailers selling pesticides or fertilizers subject to the provisions of this chapter shall post a sign at the point of sale that contains the following verbiage: 1. Application of synthetic pesticides and fertilizers within the City of Portland must comply with Chapter 34 of the City Code. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) Sec. 34-11. Outreach and Education. (a) The Sustainability Coordinator Director or designee shall publish notice of this ordinance in a newspaper of general circulation in the City upon adoption and shall attempt to provide information about it to identified retailers and lawn, garden, and tree-care providers serving the City of Portland, as well as to churches, schools, and other institutions in Portland. (b) The LMAC shall prepare and publish materials designed to educate the community about the role of pesticides and fertilizers in the local environment and the benefits of organic fertilizers and pest management. This outreach may include: a community-based social marketing campaign targeting City households and businesses; promotion of professional education and training for State of Maine licensed applicators; distribution of information and news about City practices through Portland internet and web-based resources; public service announcements; news releases and news events; tax bill inserts; posters and brochures made available at City events and applicable locations that serve the public; workshops, trainings, and demonstration projects; targeted outreach to schools; and/or any additional methods deemed appropriate by the LMAC. (c) The LMAC shall also develop a program to work directly with retailers that sell pesticides and fertilizers in the City of Portland to: 18 Page 22 City of Portland Landcare Code of Ordinances Chapter 34 Sec. 34-11 Rev. 9-19-2022 1. Provide educational training for all retail store employees who recommend and sell pesticides or fertilizers for use in the home and garden, highlighting the following: i. federal, state, and local pesticide and fertilizer regulations; ii. principles of organic landcare, including pest management and use of fertilizers; iii. pesticide and fertilizer toxicity and health and environmental concerns; iv. proper pesticide display and storage; and v. the role of personal protective equipment, pesticide poisoning symptoms, and emergency procedures in case of spills; and 2. Implement a toolkit consisting of educational materials and signage (i.e., posters, signs, stickers) that can be customized, printed, and placed in stores to help consumers understand this ordinance and alternatives to prohibited pesticides and fertilizers. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) Sec. 34-12. Violations. Any person violating any of the provisions of this ordinance or failing, neglecting or refusing to obey any order or notice of the City Manager or designee issued hereunder shall be subject to enforcement action as provided in §34-13. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) Sec. 34-13. Enforcement and Remedies. (a) This ordinance may be enforced by the City Manager or designee; (b) The City Manager or designee shall have the authority to enact rules and regulations in order to implement the provisions of this ordinance; ((c) The Permitting DepartmentCity Manager or designee is authorized to institute, or cause to be instituted by the corporation counsel, in the name of the city, any and all actions, legal or equitable, that may be appropriate or 19 Page 23 City of Portland Pesticide Use Code of Ordinances Chapter 34 Sec. 34-1 Rev. 1-3-2018 necessary for the enforcement of the provisions of this article; and (d) Any violation of this chapter shall constitute a civil violation subject to the penalties contained in Portland City Code, Chapter 1, § 1-15. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022) Sec. 34-14. Severability. If any section, paragraph, sentence, word or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court, such decision shall not affect the validity of the remaining provisions of this ordinance. (Ord. No. 110-17/18, 1-3-2018;) Sec. 34-15. Conflicts with Other Ordinances. Whenever a provision of this ordinance conflicts with or is inconsistent with another provision of this ordinance or of any other ordinance, regulation or statute, the more restrictive chapter, article or ordinance of the Portland City Code shall control. (Ord. No. 110-17/18, 1-3-2018) Sec. 34-16. Effective date; Applicability dates. In order to allow time for residents and businesses to become familiar with the requirements of this ordinance, the prohibitions on the use of certain products and/or applications (and the related public notification, signage and reporting requirements) shall be effective as follows: (a) Phase One: Commencing no later than July 1, 2018, the provisions set forth in Sec. 34-5 on outdoor pest management activities shall apply to City-owned property (but not to high use athletic fields or golf courses); (b) Phase Two: Commencing no later than January 1, 2019, the provisions set forth in Sec. 34-5 on outdoor pest management activities shall apply to private property (but not high use athletic fields or golf courses); and (c) Phase Three: Commencing no later than January 1, 2023, the provisions set forth in Sec. 34-5 on outdoor pest management activities with respect to high use athletic fields shall apply to public or private property, except that the City 20 Page 24 City of Portland Pesticide Use Code of Ordinances Chapter 34 Sec. 34-1 Rev. 1-3-2018 Manager or his or her designee may request that the City Council extend this applicability date if he or she determines more time is necessary to transition to organic management practices for these properties and facilities. (Ord. No. 110-17/18, 1-3-2018; Ord. No. 79-20/21, 9-21-2020) 21 Page 25