Proposed Revisions submitted by Karl Meyer,
President, Nashville Greenlands and signed by BURNT, EarthMatters Tennessee and
individual citizens. 2/22/2008
[Code: 1 - Delete language enclosed in [brackets] in this proposed
revision.
2 - Add alternative language as shown in bold print and
italics. ]
Adulticiding
MPHD recognizes that infected adult mosquitoes can transmit diseases of public
health importance. The preferred mosquito control strategies of the Department
involve the use of non-chemical mosquito control methods including public
education, breeding site reduction and application of larvicides as previously
described.
However, despite intensive efforts to eliminate breeding sites and apply
larvicides, there may be times when a significant and increasing number of
infectious adult mosquitoes are present in an area. If this situation is
present, the risk to humans is high. Public communication about risk and
avoidance of mosquito bites is essential, but at that stage adult mosquito
control is the only way to reduce the number of infected adult mosquitoes. Thus,
while it is considered a 7quot;last resort", using adulticide to quickly reduce the
population of infected adult mosquitoes may be necessary on some occasions and is
an accepted and recommended way to reduce risk of disease.
When predetermined action thresholds (discussed below) are met or exceeded,
adulticide application may be implemented to reduce risks of WN virus
transmission by decreasing the density of infected adult mosquitoes.
Metropolitan Code of Laws ¤10.32.180 governs public communication and opt-out
provisions for mosquito spraying activities. Provision D of the ordinance
states: "The department of health shall be relieved from any of the foregoing
requirements of this section if the director of health determines that a
documented threat to public health exists."
The policy of MPHD shall be to
spray for adult mosquitoes ONLY when a documented threat to public health exists.
Based on prior documented risk, the department expects spraying to be a rare
event. The director of health will suspend the notification, residential
opt out, and pedestrian protection requirements of the ordinance only if, in his
scientific judgment, the threat to public health is serious enough and urgent
enough to require it.
Public Notification
If a decision is made
to spray, MPHD [make a good faith effort] will use its best efforts
to fulfill the communication [expectations] requirements described in
the Section 10.32.180 of the Metropolitan Code[, but]; opt-out provisions are
[not] appropriate when [adulticide application is conducted to reduce] will
use its best efforts a documented potential threat to public health is
not serious enough to require urgent and immediate action, or blanket spraying of
an entire targeted area to reduce adult mosquito population, as determined by the
director of health. The department will maintain a list of residents who have
chosen to exempt their properties from spraying, and may update it annually by
contacting residents by phone or email. Residents who opt out of the spraying
program will be granted a minimum buffer of 150 feet from their property lines,
in which spraying will be discontinued, unless the director of health determines
that it is necessary to suspend the opt out option; if the opt out is suspended,
the department will use its best efforts to notify residents in advance, as
required by Section 10.32.180(C) of the Metropolitan Code.
Steps
will be taken to inform the public through local television, radio, print media,
MPHD's website, emails to individuals who have requested individual notification
and phone calls to homes in the area to be sprayed.
Signs will be posted [in
areas to be sprayed indicating "Mosquito virus risk. Spray zone." and will
include phone number and web site where additional information can be obtained]
around the area to be sprayed in accordance with the requirements and
specifications of Section 10.32.180(A) of the Metropolitan Code, unless the
director of health determines that the urgency of the spraying schedule does not
allow time for posting such signs, or that the area to be sprayed is so extensive
as to make the posting of signs ineffective or too burdensome for the resources
of the department.
Airborne pesticide spraying will be postponed to another
day if there is an air quality alert on the date of the scheduled spraying, as
provided in Section 10.32.180(C)(2) of the Metropolitan Code, unless the director
of health determines that it is necessary to suspend this requirement.
Additional Public Relations Steps
For persons who choose to take steps to
avoid exposure to the spray, several warning opportunities are in place. First,
public communication outlined above will indicate the areas to be sprayed and the
time of day when spraying is planned. Lead trucks will drive ahead of the spray
trucks as an additional notification of spraying. Horns (before 8:00 PM),
flashing lights, and noise from the spray equipment will also help to alert
pedestrians. These measures should be sufficient to forewarn pedestrians who
wish to reduce potential for exposure to pesticides by moving away from the path
of the truck; however, past experience and observation by citizens indicate
that these notifications frequently are not sufficient, and the pedestrian
protection described below may be necessary.
ULV application applies
<3 ounces of formula (2% anvil) per acre of land. The dose of pesticides for
individuals who are outdoors in the swath of the ULV pesticide is low. This
situation is not regulated by EPA and would be below thresholds for significant
documented public health concern.
Because of potential for public concern[,
reasonable efforts to avoid spraying groups of people will be taken. For example,
spraying in public parks where large numbers of people have congregated will be
delayed and the area will be sprayed at a later hour.] about the health
effects of individual exposure to pesticide sprays, it will be the policy of the
department of health that spray truck drivers or other staff will turn off the
spray and verbally warn pedestrians or residents visible on streets or yards, and
not resume spraying within approximately three hundred feet, in compliance with
Section 10.32.180(C) of the Metropolitan Code. The director of health, after
balancing the perceived threat of mosquito borne disease exposure against the
perceived threat from individual exposure to pesticide sprays, may suspend this
requirement if he decides that aerial application of insecticides over a large
area, or blanket spraying from trucks within a targeted area is necessary because
of the severity of the mosquito borne disease threat.