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HomeMy WebLinkAboutLegislation Banning or Limiting use of Herbicide Clopyralid CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: CONSIDERATION OF SUPPORTING LEGISLATION BANNING OR LIMITING THE USE OF HERBICIDE CLOPYRALID IN THE STATE OF CALIFORNIA. DATE: MAY 9, 2002 CONTENTS: MEMORANDUM FROM FRANKIE RIDDLE, MANAGMENT ANALYST Recommendation: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 16, 2002, and direct staff to prepare a letter to the California Integrated Waste Management Board regarding the City of Palm Desert's support of legislation banning or limiting the use of the herbicide Clopyralid in the State of California. Executive Summary: The California Integrated Waste Management Board is seeking input from local jurisdictions regarding the use of the herbicide Clopyralid and its impact on composting in California. Background: Staff was requested to research the current use of the herbicide Clopyralid for local agricultural uses. At the present time, neither the City of Palm Desert or Desert Willow use this as an approved chemical product with regard to landscaping its properties. Because of the potential for toxicity to plants, animals, and humans via its presence in composting and everyday soil,the California Integrated Waste Management Board is requesting input from local entities. After staff conducted research, it is staff's recommendation that the City of Palm Desert oppose its use. G:\CityClrk/Gail Santee/wpdocs/srClopryalid..wpd r, STAFF REPORT MAY 9, 2002 HERBICIDE CLOPYRALID Page 2 Therefore, the Legislative Review Committee recommends that the City Council oppose the use of the herbicide Clopyralid and direct staff to prepare a letter for the Mayor's signatur to the California Integrated Waste Management Board stating that position. PATRICIA CULLY --� PAUL GIBSON SENIOR MANAGEMENT YST TREASURER/FINANCE DIRECTOR SHEILA R. GILLIGAN CARLOS L. OR GA ASSISTANT CITY MAN R/CITY CLERK CITY MANAGER CITY COUNCI,/ ACTION: APPROVED DENIED RECk IVED OTHER Ml"a_ ; NG DATE �c r ; I ( - A�atrAIN• VERIFIED BY: Original on File ttr.City Clerk' s Office G:\CityClrk/Gail Santee/wpdocs/srClopryalid..wpd .� CITY OF PALM DESERT nil /� COMMUNITY SERVICES DEPARTMENT lo;iV.A! R;,j,h <Ts y �' INTEROFFICE MEMORANDUM To: ROBERT P. KOHN, CONTRACTS ADMINISTRATOR From: FRANKIE RIDDLE, MANAGEMENT ANALYST Date: MARCH 3, 2002 Subject: RESEARCH ON CLOPYRALID USE, SUGGESTED RECOMMENDATIONS, AND ITS IMPACT THE COMPOST INDUSTRY Per your request, research was conducted on the use of Clopyralid, its effects, and legislation on this issue on a local level, in California, and in Washington. Staff contacted several sources to determine the use of this herbicide and effects, if any. After some research, it was apparent that several products contained the herbicide Clopyralid. Some of the known products to contain Clopyralid (which is a herbicide used to control broadleaf weeds in turf) are Confront, Stinger, Lontrel, Reclaim, and Translini Anatek. It was noted that Clopyralid is a herbicide used to kill broadleaf weeds and was originally used for agriculture. This was not a real problem until green waste recycling (50% diversion and composting) came into play. Contact was made with Palm Desert Public Works Department regarding use of the herbicide within parks and medians, Desert Willow Resort & Golf Course use, California Bio-Mass, Inc. (the major compost facility that receives green waste from Waste Management), Shirley Wild- Wagner of California Integrated Waste Management Board, and Dave Galvin, King County Washington. Outlined below is information obtained from each of the contacts made and the results: I. City of Palm Desert and Desert Willow: Staff contacted Ernie Owens, Public Works Parks regarding use of weed killers and other products used on City parks and medians. Ernie provided a list of chemicals (attachment 1) used by the Public Works Department on City parks and medians, etc. Spencer Knight reviewed the list to determine if Clopyralid was a component of the listed products. To his knowledge none of the products listed contained the noted herbicide. Desert Willow Maintenance Supervisor Rudy was contacted to determine if Clopyralid was used as weed control on Desert Willow courses. Rudy indicated that the primary products used in the maintenance of landscaping and courses are Premo, Roundup, and Reward. Research on Clopyralid Use, Suggested Recommendations, and Impact on the Compost Industry II. California Bio-Mass: Staff contacted John Beerman of California Bio-Mass regarding local effects, composting process, and testing of Clopyralid at its facility. California Bio-Mass is one of the primary company's that receives green waste from Waste Management of the Desert. Since becoming aware of this issue, Mr. Beerman has done several things to determine the presence and damage of Clopyralid in the compost. Some of the items reviewed by California Bio-Mass are: (1) Surveying of some of the local suppliers of landscape and turf products and according to the ones contacted most of their products are sold to customers out of the Coachella Valley area; (2) monthly testing; and (3) on-site plantingof . green beans and peas within compost to determine growth and presence of the herbicide. He noted that the compost process cycle undergone at California Bio-Mass is a two stage composting processing cycle. By the time the material arrives on-site it is a 12-month cycle; the first stage is 6 to10 months, the second stage is 60 to 90 days, and the third stage is a curing pile for cool down. As part of the process, monthly testing is undertaken to determine the presence of pathogens (i.e., fecal coliform salmonella, and heavy metals) (Attachment 2). California Bio-Mass is testing for the herbicide in the parts per billion. They as well as other compost facilities in the state are currently testing and monitoring for the presence of Clopyralid. California Bio-Mass distributes all of its compost back into the market except for cogeneration (Colmac) use. The distribution is approximately somewhere around 65% - 70% agriculture, 15% - 20% landscape and golf courses, and 10% nurseries, except for cogeneration (Colmac) use that is approximately 10% - 15%. None of the compost is utilized as Alternative Daily Cover (ADC). III. California Integrated Waste Management Board: Staff spoke with Shirley Wild-Wagner at the CIWMB regarding Clopyralid and what was occurring at Board level. According to Ms. Wild-Wager the CIMWB is aware of the impact of this herbicide and will be addressing this issue at the March 6, 2002, CIWMB Board Meeting. The Agenda Item, under"Background" discusses the history and to date actions taken by CIWMB to address this issue in California and briefly the impact on Washington. (See Attachment 3, Board Agenda Item 2) Outlined below are a few of the items addressed in the agenda item: Responsibility of CIWMB: CIWMB is responsible for regulating the composting facilities that could be affected by Clopyralid-containing feedstock, but it has no regulatory authority regarding pesticides; therefore, CIWMB has been working with the Department of Pesticide Regulation (DPR) to review and assess the potential impact and solution to this issue. DPR has notified registrants of products containing Clopyralid about potential problems of compost contamination in California and of the department's intent to address the problems. H.\FRIDOLE\W PDATAIRECYCLING\CLOPYRALIDZ.DOC Research on Clopyralid Use, Suggested Recommendations, and Impact on the Compost Industry Background: According to the agenda report, which refers to the Seattle Times, the State of Washington has experienced some misfortunes due to use of Clopyralid that was found in the compost. It was reported that in 2001 damages in lost sales by one facility was reported at $155,000 and claims of almost $13,000 were brought against the City of Spoken, and the State paid over $250,000. The report does not indicate that the State of California has experienced any damages due to this herbicide; however, reports verify the its presence at two composting facilities, and that stakeholders and cities and counties are concerned that this could put a damper on consumer confidence, which would affect the ability to sell compost products and in-turn effect diversion efforts. The report does not provide information on money damages, if any. The report provides more detailed information of the actions taken by CIWMD. Some of the options being recommended by Stakeholders are: (1) The U.S. Composting Council has called on Dow to work with U.S. EPA to clarify the liabilities of applicators and harvesters regarding proper disposal or recycling of grass clippings or other Clopyralid-treated residues that might be applied to non-targeted plants, and to investigate approved applications for potential problems in compost and other applications. Also, that Dow should compensate composters and organic growers for costs associated with the use of this herbicide; (2) The GrassRoots Recycling Network has called for a ban; (3) Los Angeles County Board of Supervisors directed the Director of Health Services, the Agricultural Commission, and the County Sanitation Districts to investigate and report back within 30 days with recommended actions to ensure that this herbicide is kept out of county compost sites; and (4) Dow is considering a variety of label updates to clarify instructions and use restrictions. Potential Options for Board Discussion: CIWMB staff's recommendations to the Board are: (1) Prepare Board publications on Clopyralid and composting; (2) Publicizing information, perhaps in coordination with DPR, on alternatives to chemicals; (3) Educating targeted end-user associations about labeling instructions, proper products use, and the need to avoid contamination of potential feedstocks; (4) Working with DPR, manufacturers, and composting and environmental organizations to develop recommended revisions to Clopyralid product labels and forward the recommendations to the U.S. EPA; (5) Working with DPR and composting organizations to establish a testing program or other investigatory protocol in California that would provide the technical information DPR needs to consider regulatory actions; and (6) Supporting legislation that attempts to mitigate or eliminate the potential effects of Clopyralid on the composting industry in California. H:\FRIDDLE\WPDATA\RECYCLINGICLOPYRALID2.DOC Research on Clopyralid Use, Suggested Recommendations, and Impact on the Compost Industry IV. Discussion with Dave Galvin, KingCounty, Washington State: Discussion with Mr. Galvin revealed that the original use of Clopyralid was in the agriculture field not the landscaping area. However, he noted that the herbicide did show up in the Washington State University's research when it was used with hay. This was due to contaminated hay and straw used for livestock bedding; the bedding and manure were subsequently recycled at compost facilities and then went back into the market. The real problem arose once this source was utilized for compost and sold back into the market for various uses (i.e., nurseries). It was noted that the original intent and use of the herbicide (i.e., agriculture) allowed for decomposition; however, now grass and hay clippings are recycled and transferred to compost facilities for recycling. It is speculated that the high temperatures generated (approximately 130 degrees Fahrenheit) does not allow the herbicide to breakdown. This has not been confirmed. (See Attachment 5) According to Mr. Galvin the County has worked with the Department of Agriculture to ban the use of Clopyralid in the State of Washington in the lawn and turf fields. The only exemption would be golf courses, which would be required to retain grass and tree leavings on-site. There will be an Emergency Rule (attachment 4) banning the use of this herbicide put into effect immediately. (Per email from Mr. Dave Galvin, the ban on lawn application of this herbicide went into effect on March 1, 2002.) V. Conclusion: If California does not take some type of action, it may start having similar experiences to the State of Washington. No action, would eventually have a negative affect on the composting industry in California and locally. Continued use of Clopyralid could result in product damages that would result in loss of sales, which then could have the trickle effect and in the case of the State of Washington result in claims filed against the State and cities. Also, there is the potential negative affect on the State's, cities, and counties diversion plans and programs, and meeting the 50% diversion mandate. Frankie Riddle Management Analyst 4 H:IFRIDDLE\W PDATAIRECYCLING\CLOPYRALID2.DOC