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What 3 Maine cities are doing to make pesticide spraying safer

By Lori Valigra

What 3 Maine cities are doing to make pesticide spraying safer

Pristine lawns can add value to a property, but the chemicals used to kill crabgrass, grubs and other insect pests also can run off into nearby waterways and cause health problems for humans and animals.

Most Maine towns have not adopted their own rules to restrict pesticide use, but some are adopting ordinances that go beyond the state's pesticide regulations. They have banned manmade pesticides, herbicides and fungicides in favor of organic substitutes and have more tightly regulated spraying.

The Bangor Daily News examined the changes that three communities have made in recent years to add what they see as more protection for residents and go beyond what state regulations require.

Hallowell, Portland and Falmouth are among the first in Maine to devise ordinances with more teeth to minimize potential harm from pesticides. About three dozen other municipalities have adopted less sweeping restrictions, according to the regulatory Maine Board of Pesticides Control, with rules ranging from prohibiting the storage of pesticides within aquifer protection zones to whether they can be applied in woodland and shoreland areas.

Creating ordinances can be a time-consuming process fraught with lively debate during public comment events, the three cities observed. Residents at public events questioned the necessity of the ordinances, whether they would be realistic for property owners and pesticide businesses to follow, and why certain entities like golf courses were not included.

Other cities, including Bangor, are taking a wait-and-see attitude. There is no discussion of a pesticide ordinance in the Queen City yet, said Tracy Willette, director of the Bangor Parks and Recreation Department.

The ordinances created by the three municipalities so far require residents to use organic alternatives instead of synthetic, or manmade, pesticides. There are a variety of manmade pesticides, with one of the most widely used weed killers, glyphosate, being the active ingredient in RoundUp.

Opinions are mixed over whether glyphosate can cause cancer, but the U.S. Centers for Disease Control and Prevention said it is associated with lung and nose irritation in humans exposed to it, and lower body weight and problems with bone and organ growth in pregnant animals. Other pesticides have been linked to hormonal changes, reduced fertility, birth defects and learning disabilities in children, according to the CDC.

Other pressure to cut pesticide use in the state is coming from a 2021 Maine law forbidding pesticides that contain intentionally added per- and poly-fluoroalkyl substances, also known as forever chemicals, from being sold in Maine starting in 2030.

Additional concern came last year when a study by a national nonprofit focused on chemical safety found 55 different types of forever chemicals in the more than 1,400 pesticides registered for use in Maine. Some forever chemicals have been linked to kidney and testicular cancers and low birth weight in humans.

Hallowell's ordinance, which was approved by the city in the fall of 2023, arose out of a general concern about public health and the Vaughan Stream, which flows to the Kennebec River and is already listed by the state as impaired by pollution.

"There's a really strong environmental presence here in Hallowell, a very active Conservation Commission," said Gary Lamb, Hallowell's city manager. "I think it was a general desire to have fewer chemicals in the environment."

Some commercial pesticide and landscape companies spoke against the ordinance during public comment sessions, Lamb said. But Hallowell's 2020 Comprehensive Plan called for the city to create a healthy environment by decreasing the prevalence of synthetic pesticides, herbicides and other pollutants. City councillors approved the landcare management ordinance last year, and it took effect in January 2024.

The ordinance bans synthetic pesticides on all land, including lawns, landscaped areas, patios, sidewalks, driveways, parks and playing fields. Certified organic pesticides by the U.S. Department of Agriculture or the Maine Organic Farmers and Gardeners Association and those considered minimum risk by the U.S. Environmental Protection Agency can be used.

The ordinance also noted health concerns, saying that the EPA and Mt. Sinai Children's Environmental Health Center found that children are especially vulnerable to the harmful effects of lawn and garden pesticides because their body and brain are still developing. Children also are more exposed than adults, the EPA and Mt. Sinai found, because they put their hands into their mouth, are low to the ground, and walk or run through lawns.

The city may approve a waiver when residents want to use a synthetic pesticide for situations that pose a threat to public health or to control an invasive species. People using a synthetic pesticide on a waiver need to inform neighbors at least two days prior to applying it and post signs for 48 hours after the application.

Hallowell's code enforcement officer determines whether there are violations. The ordinance focuses on educating first-time violators about how to meet the town's organic landcare practices, with potential penalties for subsequent violations that follow state guidelines. One challenge for enforcement is that Hallowell lost its code enforcement officer in early December, and the town is having a difficult time finding a trained replacement, Lamb said.

"We have a terrible time keeping a code enforcement officer here, like many small towns," said Lamb, who used to be a code enforcement officer.

Falmouth has had rules for pesticide use since March 2020 that require businesses that apply pesticides to register with the town and provide an annual summary of their pesticide use. The numbers show that pesticide use has increased in recent years . More than 98,100 pounds and 9,000 gallons of pesticides were applied throughout the town in 2021, with 94 percent of the applications using synthetic pesticides, according to town data. Pesticide use increased dramatically in 2021, likely due to new registered pest control professionals, according to the town.

As a result, the town has been working to strengthen its pesticide rules. In April 2024, its conservation commission proposed updating the current rules to regulate and in some cases prohibit outdoor pesticide and fertilizer use. It suggested bans on certain types of products such as neonicotinoid pesticides, which are chemically similar to nicotine and cause insects to twitch, become paralyzed and eventually die. It also would bar the application of pesticides and fertilizers within 75 feet of any water body and within 20 feet of any storm drain.

The town has had a series of public comment sessions during which those opposed to it questioned whether the changes would be too stringent for contractors and residents to comply with.

During the public meetings, others questioned why the proposed ordinance excluded stronger pesticide-use rules for the three golf courses in Falmouth. The committee released the latest ordinance draft, which takes public comments into account, to the town council on Dec. 9. A public hearing on the revised ordinance is expected to be held at the council's Jan. 13 meeting, with a vote anticipated at its Jan. 27 meeting.

Portland also had more than a couple years of debate until its pesticide ordinance went into effect in July 2018 for public property and January 2019 for private property. Like those in Hallowell and in discussion in Falmouth, it bans synthetic pesticide use except with a waiver for certain circumstances, such as trying to control invasive plants.

"Many members of the community had a broad concern about toxic chemicals in the environment," said Troy Moon, director of sustainability for Portland. "Residents were concerned about the impacts of pesticides on the soil and the surrounding neighborhood and about runoff into local waterways and Casco Bay."

Moon said that when the ordinance was coming together residents expressed worries about neighbors applying pesticides and the limited number of inspectors the state has to monitor their use. Portland's ordinance, like Hallowell's, focuses on education for wrongdoers rather than penalties, he said.

Moon cautioned against residents feeling too at ease with organic pesticides, saying they need to be used safely and according to their label.

"Just because it's organic doesn't mean it's safe," he said. "If you're using a really strong vinegar concentration [which is acidic and can burn skin], it can be really harmful if you don't follow the precautions that are listed."

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