Loading...
06-23-14 CC WS AgendaCITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, JUNE 23, 2014 AGENDA 1. CONVENE CITY COUNCIL WORK SESSION A. Roll Call B. Review Agenda 2. DISCUSSION ON ENVIRONMENTAL ISSUES A. Use of Chemicals for Vegetation Management B. Discussion on Bee Safe Resolution C. Alternative Energy Sources 3. ADJOURN 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. Mavor Zerbv Hotvet Sialcel Sundberg Woodruff ATTACHMENTS Dir of Public Works' memo Resolution, Legislation 2A MEETING TYPE City of Shorewood Council Meeting Item Work Session Title / Subject: Use of Chemicals for Vegetation Management Meeting Date: June 23, 2014 Prepared by: Larry Brown, Director of Public Works Reviewed by: Attachments Various Policy Consideration: What action should the City take regarding oversight of chemicals within the City of Shorewood? Background: Mr. Alan Yelsey, resident of 26335 Peach Circle, appeared before the City Council on April 28, 2014, requesting a number of actions from the City Council. Minutes from that meeting are included, as Attachment 1 to this report. From that dialogue and other correspondence Mr. Yelsey has provided staff, the main concerns relayed by Mr. Yelsey are as follows: " The need to develop a strong set of policies and ordinances, guided by our community, informed by the best information available, to protect our community from the harm of toxins and carcinogens and pathogens and invasive threats that may be self inflicted or brought into our community." "...coherent systemic policy or ordinance in the City of Shorewood to address our environment, our health, and our need to become global citizens concerned about sustainable practices, renewable and alternative energy practices, and best practices designed to do no harm." "There is no fully informed group of City representatives and citizens and advisors focused on researching the subject of environmental health and energy policy, monitoring issues such as the Boulder Cove development and the application of hazardous chemicals by our City employees, and developing an ongoing policy and practice set that puts us in the forefront of intelligent stewardship." Staff certainly appreciates the need to have some regulations in place that responsibly govern the use of chemical use within the City. The difficult questions include how much energy and regulation at taxpayer cost is appropriate? In addition, what agencies are or should be taking the charge of this? Is there duplication in effort of regulation? Those are the tough questions that the City Council may choose to grapple with. Mr. Yelsey has requested what chemicals the City of Shorewood uses within the Public Works Department? These are as follows: Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 28, 2014 Page 2 of 15 C. Adopting RESOLUTION NO. 14 -027, "A Resolution Establishing Policy for Sign Retroreflectivity Assessment and Management" subject to changing Article IV, Paragraph 4, Sentence 3 to read "The city completed its sign inventory in 2013 ". Motion passed 4/0. 4. MATTERS FROM THE FLOOR Alan Yelsev, 26335 Peach Circle, noted he has lived in Shorevyood for 30 years. He explained he is representing a group of determined people N-,-ho are concerned that the City does not have a policy regarding protecting Nyater. The group believes the City needs to have a comprehensive policy that states hoNy and N-,-hen chemicals Nyill be used in and by the Citv and hoNy Nyaste Nyill be dealt Nvith in the City; not only for the City, but also for businesses and consumers. There are toN -,ns all over the United States, including the City of Edina, that are far ahead of the City N-,-hen it comes to adopting such comprehensive policies. He requested residents be given the opportunity to provide input on a policy. He stated from his perspective he had a very negative interaction Nvith City staff regarding his request that the City consider policies. His request Nyas rejected outright. He came before Council during August 2013 Nvith his request. To date no action has been taken. Mr. Yelsev stated Shorevyood residents Nyant input into what goes on related to the use of chemicals and toxic materials. They Nyant a comprehensive study and policy and decision malting process about what to do. More research needs to be done. The group has done considerable research and it Nyill not tolerate the use of triclopyr in the City N ithout further input and consideration from the residents. The group believes that an-,- use of chemicals in the Citv should be taken very seriously. Thev believe in a minimalist approach. He noted that Edina and other communities have implemented reasonable policies. The policies do not prohibit any use of chemicals, but are to some extent restrictive especially N-,-hen little is knoN -,n about a chemical. The policies apply to residents, people N-,-ho apply the chemicals commercially and the cities themselves. The thing that really got his attention and the group's attention is the City is using the chemicals Nvithout input from residents. They have asked in a letter to City staff that the City create a vehicle for residents to have input and to research the impact of chemicals. To date he believes that request has been rejected. He noted that the group is asking for a fast track revieNy of advanced policies that other municipalities have. He explained the City is located in a very loNyland area and there is a tremendous amount of storinwater that flows through it carrying particulates around. The aquifers and private Nyells are in a very delicate position of possibly being damaged. If the drinking Nyater in the City is damaged the property values decline, the costs are incredible and the toll on people is amazing. He stated the group has researched Parkinson's disease and multiple sclerosis and there are links to some of the chemicals he is talking about Nvith those autoimmune diseases. He stated the group Nyants the drinking Nyater to be protected and it does not think the City is taking the proper precautions. The group Neill act very quickly if the City does not act on the residents' behalf or at least involve residents in the Council and staff decision making process about policy for the City and policy to help protect the residents from themselves. He then stated the City has used triclopyr in parks and used it in Nvays that he does not think Nyere absolutely necessary (e.g., the removal of buckthorn). That chemical has a history of potential damage. Only one half of the ingredients in that product are knoN -,n. The other half are undisclosed Nyhich is common for pesticides and herbicides. The people N-,-ho suspect N-,-hat the undisclosed ingredients are believe they are quite hazardous as Nyell even in very, very small quantities. The idea that parts per million ATTACHMENT 1 COUNCIL MINUTES CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 28, 2014 Page 3 of 15 cannot hurt a person is not true. There is no medical science that supports that. He noted that he cannot think that there is anything more important for Council and staff to be doing than putting policies in place that Nvould help protect drinking Nvater. He noted that he rejects eves- N-thing in the letter he received from Director Brov'n. He stated he could Nvalk through that point by point. He then stated he thought the letter Nvas non participative. He asked BroN -,n if he N -,-rote the letter himself or did someone participate in writing it. BroN -,n clarified he N -,-rote an email to him. Mr. Yelsev stated he is going to present his response to what Director BroN -,n sent him Mavor Zerbv stated it Nvould be more productive for the City to accept the Mr. Yelsev s counterpoints in writing. Mr. Yelsev stated he needs Council and staff to hear that the issue is serious enough and that the Citv's response Nvas unacceptable. He then stated he does not Nvant the drinking Nvater in the City to be poisoned and particularly by City staff. He Nvent on to state that if Council and staff Nvant to see a massive outpouring of residents in the Council Chambers he asked that residents give them two to four Nveeks' notice and they Nvill come and demand Council direct staff to take action. Or, proactive action can be taken and a mechanism created to allow the residents to have their voices heard and to have reason and science applied to how chemicals are used. Councilmember Sundberg thanked Mr. Yelsey for keeping the pressure on Council and staff about this, while noting she does not think anyone on Council needs anv threats about it. She stated she thought this is a very important issue for the City to look into. She noted that she needs to learn more about the issues. She stated from her perspective this couples Nvith the Citv's whole approach to the environment — energy use, chemical use and so forth. Protecting drinking Nvater is a national issue. She stated she does not know N-,-hat the next step should be. She then stated she supports Mr. Yelsev s suggestion to solicit more input from residents and to move quickly on this. Councilmember Woodruff stated he does not remember seeing the correspondence from Director Brown to Mr. Yelsev. He suggested Council and staff discuss this issue in a Nvork session before deciding on N-,-hat direction to take. He stated he does not have enough knowledge to make any decisions about what to do about the issue. Councilmember Hotvet stated she supports discussing this in a Nvork session in the near future incorporating all of the topics Councilmember Sundberg brought up. Mavor Zerbv stated he also supports discussing this in a Nvork session and noted that Mr. Yelsey and the public Nvill also be invited to it. He thanked Mr. Yelsey for bringing this to Council's attention again. Mr. Yelsev stated everyone needs to be educated about the use of and impact of chemicals. He then stated protecting pollinating bees is also part of this effort. The chemical he is talking about is also on the list of chemicals that damage bees. Mavor Zerbv asked Mr. Yelsev if he or his group is involved Nvith Nvorking Nvith state and federal legislatures on this issue. Mr. Yelsey responded he is involved Nvith a group that is crafting a draft polio* set for communities around the country. Thev have looked at other very good policies and he believes Council should look at others as Nvell. There is no need to start from scratch. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 28, 2014 Page 4 of 15 Councilmember Woodruff asked who makes up the group Mr. Yelsey refers to. Mr. Yelsey stated it's a group of about twentN- residents in Shorewood and he is involved Nvith a national group as Nvell. Woodruff stated he Nvould like to be provided Nvith the name of the national group. Councilmember Sundberg asked that be forwarded to all of Council. Mr. Yelsev stated he Nvill do that along Nvith his perspective on the items in Director BroN -,n's email. Mavor Zerbv asked him to send it to Administrator Jovnes and him. Alan Dvorak, 5925 Cathcart Drive, noted that he and his Nvife tn- to keep their yard as organic as possible as do a lot of their neighbors. He stated that last Near a chemical truck Nvas being driven doN -,n Cathcart Drive and chemicals Nvere being sprayed along the right- of -Nvav (ROW). His Nvife chased the truck driver doN -,n and the driver told her he Nvas doing what he Nvas hired to do. The truck driver stopped spraying and returned later in the day oniv to see his Nvife outside and he drove awa -,T. The driver came by again and did not see his Nvife so he finished the spray job which he observed. Those chemicals don't just stay in the ROW. The use of chemicals is ven- concerning to he and his Nvife; the same goes for a lot of people. He encouraged Council to take what Mr. Yelsey said very seriously. Residents have a right to know if chemicals are being sprayed and they have a right to ask that it be stopped. Peter Holmberg, 5955 Cajed Lane, noted he Nvas present to talk about the new SmithtoN -,n Road Nvest sidewalk that Nvas constructed last Near which he Nvas pleased about. He received a letter from the City indicating that some remediation Nvork Nvas going to be done in the project area. He stated he has lived near the corner for 30 Nears. Because of the recent heavy rains he has observed the most flooding ever. He explained the stormNvater flows doN -,n Beverly Drive doN -,n Cajed Lane. It flattens out at the corner and the stormNvater ponded up significantly at the ramp at the end of the sideNvalk. It does not flow to the catch basin because it has to flow past the ramp and up to the catch basin. It's his understanding that one of the catch basins Nvas eliminated on the Cajed Lane side and it Nvould have helped catch some of the stormNvater before it reached the ramp. He expressed concern that it Nvill be a constant mud hole there because the stormwater brings a lot of sand and mud Nvith it. When snovmelt refreezes there is ice at the end of the ramp. Mr. Holmberg stated he hopes the City does not use the contractor that built the sidewalk again. There Nvere 80° summer days in 2013 when no one Nvas Nvorking on the project. He heard the penalty clauses in the contract Nvere not strong enough to get the contractor to Nvork on the project. In the fall there Nvas a scramble to get the project mainly done. He noted he Nvorks commercial construction and therefore knows what a construction crew can get done in a ven- short amount of time. He stated from his perspective that Nvas one of the Nvorst projects he had seen done in 30 Nears. He clarified it's a Nvonderful sideNvalk, the entire concept Nvas good. People are happy Nvith the improvements. But, from his vantage point the City is not getting what it paid for. The project area has not been graded correctly. He stated he hopes the corner can get fixed. Mavor Zerbv thanked Mr. Holmberg for making Council and staff aware of the issue. Engineer Hornby stated he had been to the area earlier in the day and he had someone taking photographs of the problem drainage areas. He explained that some of the issues are related to erosion control. As an erosion control measure several of the catch basins have a sheet of geotextile fabric in them. When there is a significant rain and sediment the fabric plugs up and backs up Nvater. Staff did contact the contractor that morning and asked the contractor to take care of those issues. The contractor had someone out there in the afternoon. The last email he received from the contractor which Nvas around 4:00 P.M. indicated the stormwater Nvas floNving doN -,n at the two Nvorst areas where ponding Nvas being created in a couple of yards. The contractor is supposed to check all of the catch basins. There are a couple of pedestrian ramps that needs more grading around them to get the Nvater off of the roadwa -,T behind the ramp into a ditch and to the catch basin. That Neill be addressed Nvith the final punch list. For ball fields and public right of way the City's licensed contractor is proposing the use of Threesome —Three Way Selective Herbicide. The product sheet has been included as Attachment 2 to this report. It is noted that the product does contain 2,4 -D, Mecoprop -P, and Dicamba. The Material Data Safety Sheet (MSDS or SDS) has been included as Attachment 3 to this report. The second chemical utilized is Roundup, used on the warning tracks for the ball fields and along concrete walks /cracks. The MSDS for this product has been included as Attachment 4 to this report. Staff would like to point out that while governance of such chemicals is necessary, there are varying viewpoints as to the level needed for the subject chemicals. Of particular concern brought to the City Council was the application of chemical for buckthorn at Freeman Park. The City Council may recall that the Great River Greening Corporation was brought on board to remove buckthorn and apply chemical to the fresh cuttings at Freeman Park. Mr. Yelsey specifically objected to the chemicals utilized. In response, staff solicited feedback from Great River Greening regarding the application and use of the chemical. This response is included as Attachment 4 to this report, and provides a dramatically differing opinion. Thus, it is certainly noted that balance is needed in analyzing such decisions. Financial Considerations: If an Environmental Committee is created, staff is seeking direction as to what staff time or resources the City Council would assign to this effort. Recommendation: Staff is seeking direction from the City Council as to how you would like to proceed. m MATERIAL SAFETY DATA SHEET Emergency Phone: Chemtrec 800 - 424 -9300 1. PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME: ArmorTecho THREESOME TM PRODUCT DESCRIPTION: A liquid herbicide. EPA Reg. No. 86064 -5 COMPANY IDENTIFICATION: United Turf Alliance 12840 Ford Drive Fishers, IN 46038 Effective Date: May 11, 2010 2. COMPOSITION/ INFORMATION ON INGREDIENTS Chemical CAS Ingredient Chemical Name Formula Number Composition DMA Salt of 2,4 -D Dimethylamine Salt of 2,4- Dichlorophenoxyacetic Acid C,oH130203N 2008 -39 -1 30.56% DMA Salt of (+ ) -R -2- (2 -Meth 14- Chloro henox y)p ro ionic Acid C z H ,s CINO 66423 -09 -4 8.17% Mecoprop -P DMA Salt of Dicamba 3,6- Dichloro -o- anisic Acid C,oH13021\103 2300 -66 -5 2.77% 3. HAZARD IDENTIFICATION For chemical emergency assistance (spill, leak, fire, or accident) call ChemTrec at 1- 800 - 424 -9300. HEALTH HAZARDS: This product is corrosive and causes irreversible eye damage. Harmful if swallowed. ENVIRONMENTAL HAZARDS: This pesticide is toxic to fish and aquatic invertebrates and may adversely affect non - target plants. Drift and runoff may be hazardous to aquatic organisms in water adjacent to treated areas. This chemical has properties and characteristics associated with chemicals detected in groundwater. PHYSICAL OR CHEMICAL HAZARDS: This product may form toxic gases such as hydrogen chloride and oxides of carbon and nitrogen when thermally decomposed. 4. FIRST AID Have a product container or label with you when calling a poison control center or doctor, or going for treatment. For 24 -hour medical emergency assistance (human or animal) call 1- 800 - 222 -1222. IF IN EYES: Hold eye open and rinse slowly and gently with water for 15 -20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. Call a poison control center or doctor for treatment advice. IF SWALLOWED: Call a poison control center or doctor immediately for treatment advice. Have person sip a glass of water if able to swallow. Do not induce vomiting unless told to do so by the poison control center or doctor. Do not give anything by mouth to an unconscious person. IF ON SKIN OR CLOTHING: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15 -20 minutes. Call a poison control center or doctor for treatment advice. NOTE TO PHYSICIAN: Probable mucosal damage may contraindicate the use of gastric lavage ATTACHMENT 3 MSDS 5. FIRE - FIGHTING MEASURES Flash point (Closed Cup): N/A Flammability: Not flammable. Fire and Explosion Hazards: If water is used to fight fire, contain runoff to prevent contamination of water supplies. Dispose of fire control water as instructed in Section 13 of this MSDS. Suitable Extinguishing Media: Use foam, dry chemical, carbon dioxide or water spray. Fire Fighting Equipment: Wear full fire fighting turn -out gear (Bunker gear) and self- contained breathing apparatus. Fire Fighting Procedures: Evacuate area and fight fire upwind from a safe distance to avoid hazardous vapors and decomposition products. Containers exposed to fire should be kept cool with water spray. Foam and /or dry chemicals are preferred to minimize environmental contamination. If water is used, dike and collect water to prevent run off. Hazardous Combustion Products: This product may form toxic gases such as hydrogen chloride and oxides of carbon and nitrogen when thermally decomposed. NFPA Hazard Ratings: Health — 3 / Flammability — 1 / Instability - 0 6. ACCIDENTAL RELEASE MEASURES Clean up spills immediately observing the precautions in Section 8 of this MSDS. Control spill at the source and prevent material from entering soil, sewers, waterways or low areas. If necessary, dike spill using absorbent or impervious materials such as clay or sand. Recover materials for reuse or disposal by pumping any free liquid into appropriate closed containers, do not flush to drain. Large spills to soil may require removal of topsoil with the affected area removed and placed into appropriate containers for disposal. Large spills may be reportable to the National Response Center (800- 424 -8802) and to state and /or local agencies. 7. HANDLING AND STORAGE Keep out of reach of children. Do not get in eyes or on clothing, avoid contact with skin and avoid inhaling vapor or spray mist. Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum using tobacco, or using the toilet. Remove and wash contaminated clothing before reuse. Always store pesticides in a secured warehouse or storage building. Store at temperatures above 32 °F. Open containers in well - ventilated areas. Keep container tightly sealed when not in use. Do not stack cardboard boxes more than two pallets high. Do not store near open containers of fertilizer, seed or other pesticides. 8. EXPOSURE CONTROLS / PERSONAL PROTECTION Engineering Controls: Handle only with adequate ventilation. Facilities storing or utilizing this material should be equipped with an eyewash station and a safety shower. Protective Clothing: Wear long sleeved shirt, long pants, shoes, socks, and chemical- resistant, chemical resistant gloves and a face shield or goggles. When mixing, loading or cleaning up spills or equipment or otherwise exposed to concentrate, wear a chemical- resistant apron. General: Wash clothing and other absorbent materials that have been exposed to this product. Follow the manufacturer's instructions for cleaning and maintaining PPE. If no such instructions for washables exist, use detergent and hot water. Keep and wash PPE separately from other laundry. 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance: Clear dark amber liquid Odor: Slight phenolic odor pH: 7.0 — 8.0 Density: 9.4 Ibs /gal Specific Gravity: 1.13 @ 20 °C Viscosity: 16.5 cps @ 25 °C Solubility in Water: Soluble 10. STABILITY AND REACTIVITY CONDITIONS TO AVOID: Excessive heat, do not store near heat or flame. CHEMICAL STABILITY: Stable under normal use and storage conditions. INCOMPATIBILITY WITH OTHER MATERIALS: Strong oxidizers: bases and acids. HAZARDOUS DECOMPOSITION PRODUCTS: This product may form toxic gases such as hydrogen chloride and oxides of carbon and nitrogen when thermally decomposed. HAZARDOUS POLYMERIZATION: Will not occur. 11. TOXICOLOGICAL INFORMATION ACUTE ORAL TOXICITY Oral LD50 (rat - female): 930 mg /kg Oral LD50 (rat - male): > 500 mg /kg ACUTE DERMAL TOXICITY Dermal LD50 (rat): > 2,000 mg /kg ACUTE INHALATION TOXICITY Inhalation LC50 (rat): > 3.57 mg /L (4 hr) EYE IRRITATION: Severely irritating and corrosive SKIN IRRITATION: Slightly irritating DERMAL SENSITIZATION: Not a contact sensitizer CARCINOGENICITY: ACGIH: Not listed IARC: Class 2B (chlorophenoxy herbicides) OSHA: Not listed NTP: Not listed MUTAGENIC DATA: No evidence of effects during in vivo or in vitro studies. REPRODUCTIVE TOXICITY: Not known to cause reproductive or birth defects at normal exposure levels. 12. ECOLOGICAL INFORMATION ENVIRONMENTAL HAZARDS: This pesticide is toxic to fish and aquatic invertebrates and may adversely affect non - target plants. Drift and runoff may be hazardous to aquatic organisms in water adjacent to treated areas. This chemical has properties and characteristics associated with chemicals detected in groundwater. The following information is for the active ingredient, 2,4 -D Amine: Bluegill (96 hr LC50): 524 mg /L Bobwhite Quail (Oral LD50): 500 mg /kg Rainbow Trout (96 hr LC50): 250 mg /L Mallard Duck (8 -day Dietary LC50): > 5,620 ppm Daphnia (48 hr EC50): 184 mg /L The following information is for the active ingredient, Mecoprop -P: Bluegill (96 hr LC50): > 100 mg /L Green Algae (72 hr LC50): > 270 mg /L Daphnia (48 hr EC50): > 270 mg /L The following information is for the active ingredient, Dicamba: Bluegill (96 hr LC50): 135 mg /L Bobwhite Quail (8 -day Dietary LC50): > 10,000 ppm Rainbow Trout (96 hr LC50): 135 mg /L Mallard Duck (8 -day Dietary LC50): > 10,000 ppm Daphnia (48 hr EC50): 110 mg /L 13. DISPOSAL CONSIDERATIONS PESTICIDE DISPOSAL: Pesticide wastes are toxic. If container is damaged or if pesticide has leaked, contain all spillage. Absorb and clean up all spilled material with granules or sand. Place in a closed, labeled container for proper disposal. Improper disposal of excess pesticide, spray mixtures, or rinsate is a violation of Federal law and may contaminate groundwater. If these wastes cannot be disposed of by use according to label instructions, contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste representative at the nearest EPA Regional Office for guidance. CONTAINER DISPOSAL: This is a nonrefillable container, do not reuse or refill this container. Triple rinse container (or equivalent) promptly after emptying. Nonrefillable container <_ 5 gallons: Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container 1/4 full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times. Then offer for recycling if available or puncture and dispose of in a sanitary landfill, or by incineration, or, if allowed by state and local authorities, by burning. If burned, stay out of smoke. Nonrefillable > 5 gallons: Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank. Fill the container 1/4 full with water. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth several times. Turn the container over onto its other end and tip it back and forth several times. Empty the rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat this procedure two more times. Then offer for recycling if available or puncture and dispose of in a sanitary landfill, or by incineration, or, if allowed by state and local authorities, by burning. If burned, stay out of smoke. 14. TRANSPORT INFORMATION Containers <_ 41 Gallons: DOT PROPER SHIPPING NAME: Not Regulated by DOT Containers > 41 Gallons: DOT PROPER SHIPPING NAME: UN3082, Environmentally Hazardous Substance, Liquid, N.O.S. (2,4- Dichlorophenoxyacetic Acid), 9, PG III REPORTABLE QUANTITY: 100 lbs. (42 gallons of product) DOT EMERGENCY RESPONSE GUIDE: 171 MARINE POLLUTANT: No 4 15. REGULATORY INFORMATION FIFRA — AII pesticides are governed under the Federal Insecticide, Fungicide, and Rodenticide Act. The regulatory information presented below is pertinent only when this product is handled outside of the normal use and application as a pesticide. SARA Title III — Section 302 Extremely Hazardous Substances Not Listed SARA Title III — Section 311/312 Hazard Categories Immediate, Delayed SARA Title III — Section 312 Threshold Planning Quantity N/A SARA Title III — Section 313 Reportable Ingredients 2,4- Dichlorophenoxyacetic Acetic Acid (CAS No. 94 -75 -7) Dicamba (CAS No. 1918 -00 -9) CERCLA Reportable Quantity (RQ) — 2,4- Dichlorophenoxyacetic Acetic Acid (CAS No. 94- 75 -7): 100 lbs. (26.3 gallons of product) Dicamba (CAS No. 1918- 00 -9): 1000 lbs. (4,545 gallons of product) CALIFORNIA PROP 65 STATUS — This product does not contain any chemicals known to the state of California to cause cancer or reproductive toxicity. 16. OTHER INFORMATION This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations (CPR) and the MSDS contains all of the information required by CPR. TERMS AND CONDITIONS OF USE If terms of the following Warranty Disclaimer, Inherent Risks of Use, and Limitation of Remedies are not acceptable, return unopened package at once to the seller for a full refund of purchase price paid. Otherwise, use by the buyer or any other user constitutes acceptance of the terms under Warranty Disclaimer, Inherent Risks of Use and Limitation of Remedies. WARRANTY DISCLAIMER United Turf Alliance warrants that this product conforms to the chemical description on the label and is reasonably fit for the purposes stated on the label when used in strict accordance with the directions, subject to the inherent risks set forth below. To the extent consistent with applicable law, United Turf Alliance MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER EXPRESS OR IMPLIED WARRANTY. INHERENT RISKS OF USE It is impossible to eliminate all risks associated with use of this product. Plant injury, lack of performance, or other unintended consequences may result because of such factors as use of the product contrary to label instructions (including conditions noted on the label, such as unfavorable temperature, soil conditions, etc.), abnormal conditions (such as excessive rainfall, drought, tornadoes, hurricanes), presence of other materials, the manner of application, or other factors, all of which are beyond the control of United Turf Alliance or the seller. To the extent consistent with applicable law, all such risks shall be assumed by buyer. LIMITATION OF REMEDIES To the extent consistent with applicable law, the exclusive remedy for losses or damages resulting from this product (including claims based on contract, negligence, strict liability, or other legal theories), shall be limited to, at United Turf Alliance's election, one of the following: 1. Refund of purchase price paid by buyer or user for product bought, or 2. Replacement of amount of product used To the extent consistent with applicable law, United Turf Alliance, the manufacturer, or the seller shall not be liable for consequential, special, or indirect damages resulting from the use, handling, application, storage, or disposal of this product or for damages in the nature of penalties, and the buyer and the user waive any right that they may have to such damages. The terms of the Warranty Disclaimer and Inherent Risks of Use above and this Limitation of Remedies cannot be varied by any written or verbal statements or agreements. No employee or sales agent of United Turf Alliance or the seller is authorized to vary or exceed the terms of the Warranty Disclaimer or this Limitation of Remedies in any manner. Responses to concerns raised for buckthorn application at Freeman Park Lariv, Great River Greening is a non- profit conseii -ation organization with a mission of securing the legacy of Minnesota lands and eater through community -based restoration, stewardship and partnership. hi a nutshell, that means protecting and restoring these natural resources for our future generations. Any pollution or misuse of chemicals would be contradictory to our stewardship goals. We take great strides to make sure we are utilizing the safest and most effective method to accomplish the restoration goals of any site at which we are working. We often use non - chemical means to achieve our restoration goals, but in certain circumstances, objectives cannot be efficiently or effectively met without the use of herbicides. When used, we make sure that we are using the most appropriate chemical for the job and that it is the least detrimental to the natural resources at the site. We are especially cautious in using chemicals near aquatic eiwiromnents, using only those approved by the EPA and always in line with established guidelines. Dow Agro produces two different herbicides using the name Garlon, both using a form of Triclopyr (the active ingredient). Garlon 3a which was used at Freeman Park contains Triclopyr —TEA (triethylamine salt). The other (Garlon 4 or Garlon 4 Ultra) uses Triclopyr — BEE. Garlon 3a has been cleared by the EPA for use near eater: Garlon 4 is not safe for use around water. Several statements made by Mr. Yelsey are inaccurate and need to be corrected (Yelsey's statements appearing in italics are followed by our response): a) I believe the clearing of woody product was riot worth the risk of chemical corztanrirzatiorz - a simple jobbed out annual cutting by summer hires would suffice if you insisted orz control Response: Annual cutting of large populations of buckthorn is not an affective long term solution to control or eradicate the plant. Mechanical pulling of buckthorn can be effective if plants are small and densities light. This was and is not the case at the Freeman Park. Cutting without herbicide treatment will acerbate the problem as the plant will send up multiple suckers from the cut base creating more density and more problems. As of right now non chemical methods on larger sites tend to be laborious and expensive. c) The garlorz 3a was used rzeyt to water arid by a waterway which was against label — Response: This is incorrect. The published label for Garlon 3a — approved by the U.S. EnN- iromnental Protection Agency — states that Garlon 3a can be used in and around eaten ays: It is permissible to treat lion- irrigation ditch banks, seasonally dry wetlands (such as floodplairzs, deltas, marshes, sii,anrps or bogs) arid transitional areas behi,eerz upland arid lowland sites (Page 3, Garlon 3a Label) ". The chemical is wideh- used to this end here in Minnesota and across the comifty. Furthermore, in the case of Freeman Park, the area treated was the transitional zone above the wetland zone. d) The garlori 3a application was iii Julie - again against label — Response: There is no information on the label that suggests that Garlon 3a should not be applied in June. In fact, the recommendations are that the chemical can be applied at any time for stump or stem applications: foliar treatment is best done when plants are actively growing (which is June). ATTACHMENT 4 RESPONSE TO CONCERNS RAISED FOR BUCKTHORN REMOVAL FREEMAN PARK e) The garlorz 3a label wanes (?f'possible grourzclu,ater arid well contaniirzatiorz orz the label Response: Garlon 3a breaks down both by photodegradation and soil microbial degradation and has a very short active lifespan in aquatic systems. The label does state that it may cause contamination to water tables (subsurface) where soils are permeable or there is a direct conduit to the subsurface water table. The application site at Freeman Park is not in this situation. Garlon 3a label pg 2 — Enviromnental Hazards J) The garlorz 3a appears to have been sprayed irz places - not painted Response: Our technicians are state certified chemical applicators by the Minnesota Department of Agriculture. Per label instructions, and depending on the circumstances of a site, Ave apply (paint) chemicals directly to cut stems and bark of buckthorn, but also use foliar application when dense concentrations of young plants exist. We are diligent and only spray the stumps and /or the leaves of the plant being treated using either hand sprayers or back pack sprayers with wands. Our crew did not broadcast spray the site with a boom sprayer, as Ave are sensitive to only treating the target species and not killing other desirable vegetation. g) The issue ofgarlorz 3a is about what we do riot lcliow about how the product breaks dowli into toxic secondary products arid their eff "ects of'hunrans. Response: I have included the Dow Agro Garlon 3a label as well as findings by the EPA, BWSR and Washington State that discuss the proper use of Triclopyr -TEA and its effects based on current available science. Thanks, Todd Rexine Director tud'0iwrations 'o Great Rh er Grcclffl p. 651.6659500 x28 h -exine!a!i,4reairiveri,4reenini,4.ori,4 I NN -NN -Nv.aeairiveri4reeninI4.or14 Follow Great River Greening on: Facebook, Twitter, Linledin, and YouTube Handout @ meeting "Bee -Safe City" Resolution for Shorewood, MN Whereas, bees and other pollinators are responsible for at least a third of the food we eat; and Whereas, we have a wide diversity of food: fruits, nuts and vegetables thanks to the great diversity of wild bees and honey bees; and Whereas, all bees (native bees and honey bees) are in a grave situation because of habitat loss, pesticides, pathogens and parasites; and Whereas, pesticides, especially systemic pesticides, are a key contributor to Colony Collapse Disorder, and they are unavoidable for foraging bees; and Whereas, in the fall of 2013, thousands of bees from two neighborhood hives in Minneapolis were killed by a legal pesticide application; and Whereas, systemic pesticides are not consistent with Integrated Pest Management (IPM) best practices and pose particular risks by their chronic exposure to bees and other beneficial insects; and Whereas, ideal pollinator- friendly habitat: • provides diverse and abundant nectar and pollen from plants blooming in succession • is comprised of both native species and garden species of annual and perennial flowers, shrubs and trees • includes, where possible, designated pollinator zones in public spaces with signage to educate the public and build awareness; and Whereas, it is essential that municipal staff and the public understand the vital role that bees and all pollinators play and what each of us can do to sustain them; THEREFORE, be it resolved that the City Council of Shorewood, Minnesota adopt this resolution to become a Bee -Safe City by agreeing to: 1. Turn public spaces into Bee -Safe areas 2. Plant pesticide -free flowers 3. No Spraying of the Bee Food (not on it, not near it) 4. Educate All Citizens of Shorewood About Bees: their gifts and needs S. Begin this spring to implement this resolution 6. Publish a "Bee -Safe City Progress Report" each spring February 24, 2014 -with input from beecityusa.org HF2798 THIRD ENGROSSMENT REVISOR KS h2798 -3 This Document can be made available in alternative formats upon request State of Minnesota HOUSE OF REPRESENTATIVES EIGHTY - EIGHTH SESSION H. F. NQ. 2798 03/06/2014 Authored by Hansen, Wagenius, Winkler, Hornstein, Simonson and others The bill was read for the first time and referred to the Committee on Agriculture Policy 03/20/2014 Adoption of Report: Amended and Placed on the General Register Read Second Time 04/29/2014 Calendar for the Day, Amended Read Third Time as Amended Passed by the House as Amended and transmitted to the Senate to include Floor Amendments 05/16/2014 Returned to the House as Amended by the Senate Read Third Time as Amended by the Senate Repassed by the House 1.1 A bill for an act 1.2 relating to environment; prohibiting plants treated with pollinator lethal 1.3 insecticide from being labeled or advertised as beneficial to pollinators; amending 1.4 Minnesota Statutes 2012, sections 18H.02, by adding a subdivision; 18H.14. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 2012, section 18H.02, is amended by adding a 1.7 subdivision to read: 1.8 Subd. 28a. Pollinator lethal insecticide. "Pollinator lethal insecticide" means an 1.9 insecticide absorbed by a plant that makes the plant lethal to pollinators. Pollinator lethal 1.10 insecticide includes, but is not limited to, the neonicotinoid class of insecticides that affect 1.11 the central nervous system of pollinators and may cause pollinator paralysis or death. 1.12 Sec. 2. Minnesota Statutes 2012, section 18H.14, is amended to read: 1.13 1811.14 LABELING AND ADVERTISING OF NURSERY STOCK 1.14 (a) Plants, plant materials, or nursery stock must not be labeled or advertised with 1.15 false or misleading information including, but not limited to, scientific name, variety, 1.16 place of origin, hardiness zone as defined by the United States Department of Agriculture, 1.17 and growth habit. 1.18 (b) All nonhardy nursery stock as designated by the commissioner must be labeled 1.19 "nonhardy" in Minnesota. 1.20 (c) A person may not offer for distribution plants, plant materials, or nursery stock, 1.21 represented by some specific or special form of notation, including, but not limited to, 1.22 "free from" or "grown free of," unless the plants are produced under a specific program Sec. 2. 1 HF2798 THIRD ENGROSSMENT REVISOR KS h2798 -3 2.1 approved by the commissioner to address the specific plant properties addressed in the 2.2 special notation claim. 2.3 (d) Nursery stock collected from the wild state must be inspected and certified 2.4 prior to sale and at the time of sale must be labeled "Collected from the Wild." The label 2s must remain on each plant or clump of plants while it is offered for sale and during the 2.6 distribution process. The collected stock may be grown in nursery rows at least two years, 2.7 after which the plants may be sold without the labeling required by this paragraph. 2.8 (e) A person may not label or advertise an annual plant, bedding plant, or other 2.9 plant, plant material, or nursery stock as beneficial to pollinators if the annual plant, 2.10 bedding plant, plant material, or nursery stock has been treated with and has a detectable 2.11 level of systemic insecticide that: (1) has a pollinator protection box on the label; or (2) 2.12 has a pollinator, bee, or honey bee precautionary statement in the environmental hazards 2.13 section of the insecticide product label. The commissioner shall enforce this paragraph as 2.14 provided in chapter 18J. 2.15 EFFECTIVE DATE. This section is effective July 1, 2014. Sec. 2. 2 HF3172 "f HIRD ENGROSSMENT REVISOR NS H3172 -3 160.1 Subd. I Ia. Hive. "Hive" means a frame hive, box hive, box, barrel, to um, ske , x60.2 or any other rece tacle or container, natural or artificial, ar an art of one, which is 160.3 used as domicile for bees, 160.4 Sec. 8. Minnesota Statutes 2012, section 1813,0 1, is amended by adding a subdivision 160.5 to read: 1606 Subd. 20a. Pollinator. "Pollinator" means an insect that pollinates flowers. 160.7 Sec, 9. Minnesota Statutes 2012, section 18B.03, is amended by adding a subdivision 160.8 to read: 160.9 Subd. 4. Pollinator enforcement. The commissioner may take enforcement action 16010 under chapter 18D for a violation of this cha ter, ar an rule ado ted under this cha ter. 160.11 that results in harm to pollinators, i icludiny, but not limited to applying a pesticide in 160.12 a manner inconsistent with the esticide roduct's label or labelin and resultin in 160.13 ollinator death or wil[fu]l a 1 in esticide in a manner inconsistent with the pesticide 160.14 roduct's label or labeling. The commissioner must deposit any penalty collected under 160.15 this subdivision in the pesticide regulatory account in section 188.05. 160,16 Sec. 10, Minnesota Statutes 2012, section 1813.04, is amended to read: 160.17 18B.04 PESTICIDE IMPACT ON ENVIRONMENT. 160.18 The commissioner shall; 160.19 (1) determine the impact of pesticides on the environment, including the impacts on 160.20 surface water and groundwater in this state; 160.21 (2) develop best management practices involving pesticide distribution, storage, 160.22 handling, use, and disposal; and 160.73 (3) cooperate with and assist other state agencies and local governments to protect 160.24 public health, pollinators, and the environment from harmful exposure to pesticides. 160.25 b The commissioner ma assemble a group of experts under section 16C.10, 160.26 subdivision 2, to consult in the investi atian of pollinator deaths or illnesses. The group 160.27 of experts may include representatives from local, state and federal agencies; academia, 160.28 including the University of Minnesota; the state poll inator bank; or other professionals as 160.29 deemed necessary by_ the commissioner. 4 "he amount necessar for the ur ases of this 16030 paragraph, motto exceed $100,000 per fiscal year, is appropriated from the pesticide 160.31 re u atoa account in section 188.05. Article 13 Sec. 10. 160 t -I[ 3172 THIRD ENGROSSMENT REVISOR NB H3172 -3 161.1 Sec. 11. L18B.0551 COMPENSATION FOR SEES KILLED BY PESTICIDE; 161.2 APPROPRIATION. 1613 Subdivision 1. Compensation required. (a) The commissioner of agriculture must 161.4 compensate a person for an acute pesticio e poisoning resulting in the death of bees or loss 161.5 of bee colonies owned by the person, provided: 1616 (1) the person who applied the pesticide cannot be determined; 161.7 (2) the person who applied the pesticide did so in a manner consistent with the 161 8 pesticide product's label or labeling; ar 161.9 3 the person who applied the pesticide did so in a manner inconsistent with the 161.10 pesticide product's label or labeling. 161.11 b Except as provided in this section, the bee owner is entitled to the fair market 161.12 value of the dead bees and bee colonies losses as determined-by the commissioner upon 161.13 recommendation by academic ex erts and bee 1<ce ers. In any fiscal year, a bee owner 161 14 must not be compensated for a claim that is less than S 100 or compensated more than 161 15 $20,000 for all eligible claims. 161 16 Subd. 2. Applicator responsible. In the event a pe rson applies a pesticide in a 161 17 manner inconsistent with the pesticide Product's label or labeling requirements as approved 161.18 by the commissioner and is determined to have caused the acute pesticj4S22jsonin of bees, 161.19 resultin in death or Ioss of a bee colon ke t for cammercial ur oses, then the ersoll so 161.20 identified must bear the responsibility of restitution for the value of the bees to the owner. 161.21 In these cases the commissioner must not provide compensation as provided in this section. 161.22 Subd. 3. Claim form. The bee owner must file a claim on forms provided by the 161.23 commissioner and available on the Depart €Went of Agriculture's Web site. 16124 Subd, 4. Determination. The commissioner must determine whether the death of 161.25 the bees or loss of bee colonies was caused by an acute pest icide o i son ing, whether the 161.26 pesticide applicator can be determined, and whether the pesticide applicator applied the 161.27 pesticide product in a manner consistent with the pesticide product's label or labelin . 161.28 Subd. 5. Payments; denial of compensation. a If the commissioner determines 161.29 the bee death or loss of bee colony was caused by an acute pesticide poisoning and 161.30 either the pesticide applicator cannot be determined or the pesticide applicator a lied 161.31 the pesticide product in a manner consistent with the pesticide product's label or labeling, 161.32 the commissioner ma y award compensation from the pesticide regulatory account. If the 161.33 pesticide applicator can be determined and the a licator applied the pestkide product 161.34 in a manner inconsistent with the roduct's label or labeling, the commissioner ma 16135 collect a penalty from the pesticide applicator sufficient to com ensate the bee owner Article 13 Sec. t 1. 161 HF3172 THIRD ENGROSSMENT REVISOR NB H3172_3 1611 for the fair market value of the dead bees and bee colonies losses, and must award the 162.2 money to the bee owner. 1623 (�) If the commissioner denies compensation claimed by a bee owner under this 1624 section, the commissioner must issue a written decision based upon the available evidence. 1625 The decision must include specification of the facts upon which the decision is based and 162s the conclusions on the material issues of the claim. The commissioner must mail a copy 1627 of the decision to the bee owner. 162.$ c A decision to den cam ensation claimed under this sectiol� is not subject to the 162.9 contested case review procedures of chapter 14, but may be reviewed upon a trial de 162.10 novo in a court in the county wherc the loss occurred. The decision of the court may be 162.11 appealed as in other civil cases. Review in court may be obtained by filing a petition for 162.12 review with the administrator of the court within 60 da ys following receipt of a decision 162 13 under this section. Upon the fi ling of a petition the administrator must mail a co to the 162.14 commissioner and set a time for hearing within 90 da s of the filing. 162 15 Subd. 6. Deduction from payment. The commissioner must reduce payments 162.16 made under this section by an com ensation received b the bee owner for dead bees and 162.17 bee colonies losses as proceeds from an insurance polio -2r from another source. 162.18 Subd, 7. Appropriation. The amount necessar to av claims under this section, 162.19 not to exceed $150,000 per fiscal year, is a ro riateci from the esticide re ulator 162.2o account in section I8I3.05. 16121 EFFECTIVE DATE. This section is effective July t, 2014, and applies to bee kills 162.21 and bee colon losses attribcltable tC3 acute esticide olSOnln that occur on or after t62 23 that date. 16224 Sec. 12. Minnesota Statutes 2012, section 84.788, subdivision 2, is amended to read: 162.25 Subd. 2. Exemptions. Registration is not required for off= highway motorcycles: 162.26 (1) owned and used by the United States, an Indian tribal government, the state, 162.27 another state, or a political subdivision; 16228 (2) registered in another state or country that have not been within this state for 162.29 more than 30 consecutive days;--at 16230 (3) registered under chapter 168, when operated on forest roads to gain access to a 162.31 state forest campground; 162.32 L41 used exclusively in organized track racing events; 162.33 (5} operated on state or grant -in -aid trails by a nonresident gossessin2 a nonresident 16234 off - highway motorcycle state trail pass; or Article 13 Sec, 12. 102