Item Coversheet


Town of Arlington, Massachusetts


Article 18
Warrant Article Title:
BYLAW AMENDMENT/PHASE OUT OF CERTAIN TOXIC RODENTICIDES ON PUBLIC/PRIVATE PROPERTY, WITH REPORTING REQUIREMENT AND PUBLIC EDUCATION
Warrant Article Text:

To see if the Town will vote to amend Title VIII of the Town Bylaws to add a new Article that 1) by January 1, 2024 phases out the use and application of certain rodenticides, including second generation anticoagulant rodenticides (SGARs), either by Town employees or by private contractors on all private and public property in the Town of Arlington except as allowed by the Board of Health to remediate a  public health condition; 2) requires all licensed certified applicators of rodenticides to provide written notification to the Board of Health whenever certain rodenticides, including SGARs, are used within the Town; provides for both waivers and penalties for compliance;  3) provides for educating the public about Integrated Pest Management (IPM) best practices and the hazards of rodenticides to human health and the ecosystem during but not limited to licensing, permitting, and inspectional activities; and further establishes such definitions and provisions necessary to effectuate such a bylaw; or take any action related thereto.


Requested by:

(Inserted at the request of Elaine Crowder and ten registered voters)

Report Excerpt:

The Select Board respectfully requests Town Meeting’s support for a three- pronged approach to address the many dangers posed by use of second-generation anti-coagulant rodenticide (“SGARs”) poisons to address the rodent population in Arlington:

1.           A bylaw requiring licensed commercial applicators of SGARs to register with the Town and notify the Health Department when and where SGARs are deployed;

2.           Special Legislation to authorized the Town to locally regulate SGARs, with the long-term goal of prohibiting SGAR use throughout the Town and promoting Integrated Pest Management solutions which rely on non-toxic methods to address infestations and permit SGARs only as a las resort; and

3.           Adopt a Resolution encouraging Integrated Pest Management, discouraging SGAR applications throughout Town, but particularly for Town and School lands and buildings (set forth in Article 77.

 

These poisons pose a danger not only to their targets, but to wildlife, pets, and potentially humans, and have resulted in the documented deaths of wildlife throughout the Town. However, the use, handling and transportation of SGARs are regulated by state law, which almost certainly pre-empts local regulation absent the authorizing special legislation set forth in the recommended vote. As such, the Board believes the goals of this resident petition article can best served by adding a local registration and notification layer harmonious onto the existing state law, seeking authority from the State to prohibit SGARs in the future, and resolving to support and educate the public about Integrated Pest Management regardless of the Town’s regulatory authority.

Vote Language:

VOTED: That Title VIII (“Public Health and Safety”) be and hereby is amended to add a new Article 12 “Use of Second Generation Anti-Coagulant Rodenticides” for the purpose of encouraging Integrated Pest Management practices and documenting the use of Second- Generation Anticoagulant Rodenticides by licensed Pest Management Professionals, as follows:

 

Art. 12 “Use of Second Generation Anti-Coagulant Rodenticides

 

Section 1. Purpose and Findings

 

A.      The purpose of this bylaw is to protect the health and welfare of Arlington, its residents, and local wildlife, by reducing the use of second-generation anticoagulant rodenticides and promoting Integrated Pest Management strategies.

 

B.      The Town finds that it is in the best interest of public health to eliminate the use of toxic rodenticides on town land, ponds and waterways, to encourage the reduction and elimination of the use of toxic rodenticides on private property, and to introduce and promote natural organic management practices.

 

C.  The Town further finds that second-generation anticoagulants are more likely than first-generation anticoagulants to kill non-target animals after feeding on poisoned prey or carcasses, and remain longer in animal tissues. As a result, second-generation anticoagulants pose greater risks to non-target species including pets and wildlife. Children are at risk of poisoning when coming into contact with highly toxic second- generation anticoagulants.

D.      The Town finds that all its citizens, particularly children, have every right to protection from exposure to hazardous chemicals and from rodenticides in particular.

 

E.      The Town finds that a balanced and healthy ecosystem is vital to the health of the town and its citizens, and as such it is also in need of protection from exposure to hazardous chemicals including rodenticides.

 

Section 2. Definitions

 

The following terms shall, for the purpose of this article, have the following meanings, unless the context otherwise requires.

 

“Rodenticides” are a subclass of pesticides, defined under the Massachusetts Pesticide Control Act, M.G.L. c. 132B and/or 333 CMR 10.00, as substances or mixtures of substances intended to prevent, destroy, repel, or mitigate rodents that are declared to be pests by the Massachusetts pesticide board.

 

“Integrated Pest Management” is a decision-making strategy and record-keeping process for managing pests that monitors to determine pest population levels, and combines biological, cultural, mechanical, physical, and chemical tools and other management practices to control pests in a safe, cost effective, and environmentally sound manner that contributes to the protection of public health and sustainability. It prioritizes the use of non- chemical pest control methods and the careful use of least-toxic chemical methods when non- chemical methods have been exhausted or are not feasible, and the selection of rodenticides that are the least toxic product that will be effective on a target pest.

 

“Second-generation anticoagulant” is a rodenticide that was developed to control rodents that are resistant to first-generation anticoagulants, including but not limited to brodifacoum, bromadiolone, difenacoum, and difethialone.

 

“Certified applicator”, an individual who is certified under the provisions of 333 CMR 10.00 as authorized to use or supervise the use of any pesticide (including rodenticides) which is classified by the Massachusetts Department of Agriculture  as being for restricted use.

 

“Commercial applicator” is a certified applicator under the provisions of 333 CMR 10.00, whether or not they are a private applicator with respect to some users, who uses or supervises the use of any pesticide (including rodenticides) which is classified by G.L. c. 132B, the Massachusetts Department of Agriculture or any agency of the Commonwealth of Massachusetts being for restricted use for any purpose or on any land other than as provided in the preceding paragraph.

 

 Section 3. Integrated Pest Management Education

 

A.      Both commercial applicators and the general public are encouraged to utilize Integrated Pest Management strategies on all properties throughout the Town.

B.      Integrated Pest Management shall be encouraged during licensing and permitting processes, including common victualler, demolition, and building permit application processes.

 

Section 4. Registration of Applicators

 

A.    All certified and commercial pesticide applicators operating within the Town of Arlington must register with the Town of Arlington Department of Health and Human Services prior to the application of any second generation anti-coagulant rodenticides within the Town of Arlington.

 

B.      The applicator must provide proof of licensure for each employee who will be applying second generation anti-coagulant rodenticides within the Town of Arlington.

 

C.      The Department of Health and Human Services shall be authorized to enact regulations to effectuate this section, including a method to indicate registration by certified and commercial applicators

 

D.      Failure to produce a Town-issued proof of registration upon request shall be considered a violation of this bylaw, subject to the penalties set forth herein.

 

E.      Each applicator who registers shall be given a copy of this bylaw as well as any resources highlighting the dangers of second-generation anticoagulants in Arlington and benefits of Integrated Pest Management, and recommended alternatives deemed appropriate by the Department of Health and Human Services.

 

Section 5. Notification of Deployment of Second-Generation Anti-Coagulant Rodenticides

 

A.      All licensed certified and commercial applicators shall provide written notification to the Department of Health and Human Services within forty-eight (48) hours any time second-generation anticoagulant pesticides are utilized or deployed for proactive or reactive pest management services in Arlington.

 

B.      The Department of Health and Human Services is authorized to enact regulations to effectuate this section, including processes for coordinating the other Town departments, State agencies, and commercial applicators to enable tracing placement, cleanup, and unintended impacts of second generation anti-coagulant rodenticide on non-targeted wildlife and domestic animals.

 

Section 6. Fees & Penalties for Non-Compliance


A.      A fee sufficient to cover the costs of implementing registration, notification, and education systems may be levied by the Department of Health and Human Services.

 

B.      Any commercial pesticide applicator who fails to register with the Department of Health and Human Services and dispenses or uses second generation anti-coagulant rodenticides in the Town without being registered shall be subject to the following penalties:

a.       A fine of one hundred dollars ($100.00) for the first offense;

 b.         A fine of two hundred dollars ($200) for the second offense;

c.        Any subsequent failure to register paired with use of second generation anti- coagulant rodenticide shall be punishable by a fine of three hundred dollars ($300); and/or prohibition from applying pesticides of any kind in Arlington for a period of one year.

 

C.      Any commercial pesticide applicators’ failure to timely notify the Department of Health of use of second generation anti-coagulant rodenticides within the Town regardless of registration status shall be subjected to the following separate penalties:

 

a.       A fine of one hundred dollars ($100.00) for the first offense;

 b.         A fine of two hundred dollars ($200) for the second offense;

c.        Any subsequent failure to register paired with use of second generation anti- coagulant rodenticide shall be punishable by a fine of three hundred dollars ($300); and/or prohibition from applying pesticides of any kind in Arlington for a period of one year.

 

Section 7. Severability

 

The invalidity of any section, provision, paragraph, sentence, or clause of this bylaw shall not invalidate any other section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any determination or finding of a violation under this bylaw which has been issued.

 

AND FURTHER VOTED: That the Town does hereby request and authorize the Select Board to file Home Rule Legislation to provide substantially as follows:

 

“AN ACT AUTHORIZING THE TOWN OF ARLINGTON TO PROHIBIT USE OF SECOND GENERATION ANTI-COAGULANT RODENTICIDES BY COMMERCIAL PESTCIDE APPLICATORS”

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

 

SECTION 1. Notwithstanding any general or special law to the contrary, including G.L. c. 132B, the Town of Arlington may regulate through local bylaw or Board of Health regulation or ordinance the use of second generation anti-coagulant rodenticides within the Town of Arlington, including prohibiting the use of such pesticides by licensed commercial applicators as defined in 333 C.M.R. 10.00.

 

SECTION 2. This act shall take effect upon its passage.

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