Loading...
HomeMy WebLinkAboutDTS-05-121 - Regional Municipality of Waterloo's Draft By-law to Reduce the Use of Pesticides ) ~ Development & Technical Services ~ Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Development and Technical Services Committee June 27, 2005 Jeff Willmer, Director of Planning Barbara Steiner, Environmental Planner City-wide June 21, 2005 DTS 05-121 RECOMMENDATION: Regional Municipality of Waterloo's DRAFT Bylaw to Reduce the Use of Pesticides That the City of Kitchener continues to monitor, and participate in, ongoing consultation in respect of a possible Regional bylaw to reduce the use of pesticides; That the City of Kitchener reiterates its support for public education as a key initiative in efforts to encourage the reduction of the non-essential use of pesticides in our community; and That the City of Kitchener thanks the Region for this first opportunity to provide comment, and looks forward to reviewing proposed changes to any possible Regional bylaw resulting from this public consultation process and offering final comments in September 2005. EXECUTIVE SUMMARY: The Region of Waterloo has begun a two-pronged approach to pesticide reduction-a public education campaign launched on Earth Day 2005 and the consideration of regulation through a possible Regional bylaw to reduce the use of pesticides. The Region has requested comment from the City of Kitchener on a possible bylaw. Kitchener's Environmental Committee considered this matter at their meeting of June 14, 2005 at which time Community Services staff report (CSD-05-075) addressing implications for Community Services Operations was also considered. Community Services staff representing golf courses, cemeteries and sportsfields were present to answer questions. This report has been updated as CSD-05-082 (under separate cover). BACKGROUND: Public opinion suggests that the residents of Waterloo Region would support a reduction in the use on non-essential pesticides. In response, the Region of Waterloo has begun a two-pronged approach to pesticide reduction. The first initiative is an education (community based social marketing) campaign that encourages everyone to reduce the amount of pesticides they use. The City of Kitchener has supported this effort through per-capita cost-sharing with the Region and all other area municipalities. The second initiative is a draft proposed bylaw that may control where and when pesticides can be used. A team of stakeholders, including representation from the City of Kitchener, and Regional staff crafted the draft proposed pesticide reduction by-law. Current practices used by many other Canadian communities were used in the process. The Region hosted Public Open Houses in each area municipality from mid-May to mid-June 2005, to which interested members of the public were invited to obtain information, informally discuss the draft proposed by-law, and provide comment. The City of Kitchener has been asked for comment prior to June 30, 2005. All public input will be considered in the final version of the draft by-law. Regional Council will consider the bylaw in October 2005 and decide how to proceed at that time. REPORT: Regional Municipality of Waterloo's DRAFT Bylaw to Reduce the Use of Pesticides (attached) was developed by the multi-stakeholder Pesticide Working Group who considered the features of similar bylaws throughout Canada and their applicability, utility and potential acceptability in the Region of Waterloo. The "framework" developed by the Pesticide Working Group was then reviewed and redrafted by the Region's legal staff to result in the draft bylaw currently being considered by the public. The draft proposed bylaw would regulate and control the application of pesticides on all properties (excluding agricultural) within the Regional Municipality of Waterloo. Exemptions would apply in circumstances generally where the use of a pesticide is considered to be necessary or non-cosmetic. A permit system with mandatory public notification (posting the permit) and fines as penalty is proposed. The Region has solicited comment from the public under some general headings: Where the bvlaw aoolies 1. Should all land uses (e.g. residential, commercial, institutional etc.) have the same regulations? If not, how should they differ? 2. Are there any other setbacks from certain or sensitive land uses, public places or environmental features that should be included to achieve the purpose of the bylaw? Exemotions 1. Are the proposed exemptions appropriate? Should any be changed, or others added? Permits and Notification 1. Should there be a permit to allow pesticide uses in certain cases? 2. Who should be notified if a permit is issued? 3. How would you like to be notified? 4. How much advance notification of pesticide application is sufficient? 5. Should all landowners have the same notification requirements? Imolementation and Enforcement 1. Should the implementation be phased in over three years? How long should the phase- in period be? 2. How would you expect complaints to be handled? 3. How could it be determined whether a pesticide was applied? 4. How could it be determined who applied the pesticide? Would you be prepared to testify in court if you observed a person violating the bylaw? Public Comment in Kitchener Kitchener's Environmental Committee considered this matter on Tuesday, June 14, 2005 (minutes attached) focussing primarily on the additional exemptions proposed for cemeteries and premier sportsfields by Kitchener Community Services staff as outlined in Kitchener staff report CSD-05-075. Golf courses were already recommended exemptions in the draft proposed bylaw. Another area of focus for the deliberation of the Environmental Committee was the clear challenge and foreseeable difficulties that will be presented in the implementation and enforcement of any such bylaw adopted. The committee's concern regarding the ability of a bylaw to truly effect the reduced use of legally available pesticides was reflected in their resolution, That in regard to the Region of Waterloo's Draft Proposed Pesticide Bylaw, as presented to the Environmental Committee on May 19 and June 14, 2005, the Environmental Committee supports the reduction and/or elimination of all non- essential pesticide use where possible but is uncertain at this time if a bylaw is the appropriate course of action. The Environmental Committee had consensus around the critical role that an ongoing public education program must play in achieving the reduced use of pesticide across the Region. The Region held a Public Information Centre in Kitchener at Regional headquarters on Thursday, June 16, 2005 from 5-8PM. Regional Public Health staff has reported that approximately 20 people attended mostly in the last hour, and that the support for a bylaw by attendees was mixed. Staff Comment Continuing public education / social marketing is critical to the success of a program to reduce the use of pesticides in the Region of Waterloo. This is true with or without regulation. Continuing funding must be in place. Notification should be proactive, posted in advance of the application of pesticide and on-site. This is a necessary "good neighbour" provision of any bylaw, and would allow owners of neighbouring properties to a pesticide application site to plan for alternate operations to mitigate the effects of the application (e.g. closing of windows, hanging laundry on another day etc.) The concerns identified by both the Region as well as Kitchener's Environmental Committee regarding the difficulties in implementing and enforcing such a bylaw are shared by staff. For example, investigating complaints of improper use by officers will be challenging. Officers, if not present for the reported offence, and with no visible evidence, will not be able to stand as witnesses; the observer / complainant must stand as the witness. Will samples of soil, plants and/or water need to be taken to prove improper use? Laboratory costs for such verification could be substantial depending on the number of complaints pursued. Regional staff should investigate such challenges as well as staffing costs in municipalities where such a bylaw has been in place for an adequate period of time to permit an assessment of costs and resulting benefits to that community. FINANCIAL IMPLICATIONS: No capital financial implications for DTS. COMMUNICATIONS: None required. This matter was discussed at Kitchener's Environmental Committee on May 19 and June 14, 2005. CONCLUSION: The Region of Waterloo has begun a two-pronged approach to pesticide reduction-a public education campaign launched on Earth Day 2005 and the consideration of regulation through a possible Regional bylaw to reduce the use of pesticides. While continuing public education is critical to the success of any campaign to reduce the use of pesticides in the Region of Waterloo, it is unclear at this time whether a bylaw will be a useful and cost-effective tool in achieving the desired reductions. The first round of public input concludes with a request from the Region to provide comments on the draft proposed bylaw by June 30, 2005. The results of the Spring 2005 public consultation will be incorporated into a staff report outlining recommended changes to the Region's draft proposed bylaw. This documentation will be forwarded to area municipalities in September 2005 for our final comment on possible regulation. Barbara Steiner, B.Sc. Environmental Planner Jeff Willmer, MCIP, RPP Director of Planning Attachments Regional Municipality of Waterloo's DRAFT Bylaw to Reduce the Use of Pesticides Regional Staff Report PH-05-026 (no Appendix A) Councillor Information Package on Pesticide Reduction Bylaw (Region of Waterloo) Minutes of the June 14, 2005 Kitchener Environmental Committee meeting