§ 34-705. Prohibiting the improper use of pesticides in order to keep them from entering the MS4.

(a)

It shall be a violation of this division for any person to cause or allow a pesticide to enter into the MS4.

(b)

It shall be a violation of this division for any person to utilize a pesticide in a manner inconsistent with the proper usage set out in the labelling for such pesticide in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

(c)

It shall be a violation of this division for any person to utilize a pesticide which is not properly labelled in accordance with FIFRA.

(d)

It shall be a defense to prosecution under this section that the person accused of such violation utilized a pesticide in accordance with the requirements of FIFRA in a manner consistent with its labelling. The term "labelling" pursuant to Section 136 of FIFRA means all labels and all other written, printed or graphic matter:

(1)

Accompanying the pesticide or device at any time; or

(2)

To which reference is made on the label or in literature accompanying the pesticide or device except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health and Human Services, state experiment stations, state agricultural colleges, and other federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

Commentary: It is recognized that excess pesticides will migrate into the MS4 even under normal and proper usage. It is the intent of this ordinance to restrict the usage of those chemicals to the manner deemed appropriate by their manufacturer and consistent with FIFRA.

(Ord. No. 80574, § 16, 8-4-94)