Pesticide Use

ODNR is the legally designated agency of Ohio responsible for the protection of the states plant, wild animal, soil & water resources. It must continually strive to provide an example of proper pesticide use and should encourage others to follow its lead. Therefore, ODNR should be prudent in the use and application of pesticides to the lands and/or waters managed for the people of Ohio.

Pesticides are commonly used to control harmful, destructive, or nuisance forms of bacteria, plant, and animal life. When properly applied, they are an effective tool of the resource manager. However, improper use can adversely affect natural resource values. All pesticides must be treated with the respect one normally gives potentially dangerous or harmful materials.

ODNR shall use pesticides and permit others to use them on managed properties only when:

1. A need has been demonstrated.
2. The use involves no unacceptable risks to human or biological resource.
3. It provides the most efficient, practical, and economical means of pest control.
4. The pesticide selected is registered in Ohio and is labeled for its intended use.
5. The pesticide is to be applied by a certified public pesticide operator or commercial applicator or trained serviceman under the direct supervision of either a certified public pesticide operator or a certified commercial applicator consistent with all state and federal laws and regulations and other ODNR policies.
6. The uses will meet a specific management objective or objectives.

Responsibilities of the Divisions

The Chief of each Division of ODNR that manages lands and/or waters on which pesticides can or will be used shall prepare an operating procedure which will address pesticide use on the lands and waters managed under his/her authority. This procedure shall be consistent with the policy(s) of ODNR and shall be updated as needed to keep abreast of changes in pesticide and hazardous material laws and regulations. This procedure shall include provisions which:

1. Encourage the use of integrated pest management (IPM) techniques to control pest problems. Knowledgeable sources of information such as The Ohio State Universitys Department of Entomology IPM Program should be consulted.
2. Provide for the assessment of staff training needs at least every two years to assure that there are enough personnel licensed as certified public pesticide operators in specific categories within the division and trained servicemen under the direct supervision of a licensed certified public pesticide operator to properly apply pesticides.
3. Assure that the selection, purchase, transport, handling, use, storage, application, and disposal of pesticides within the division meets applicable state and federal regulations.
4. Develop a standard for the purchase of pesticide products. Whenever feasible, only enough product for a specific job or group of jobs should be purchased and never more than will be needed for one season. This will help eliminate storage and disposal problems.
5. Assure that complete records of all pesticide applications including those made by persons not employed by the division are prepared and held for a period of at least three years as required by Ohio Department of Agriculture Regulation 901:5-11-07 (OAC).
6. Establish a methodology for the division to review and approve or disapprove any or all pesticide use by other persons on lands and/or waters managed by the division.
7. Prohibit all pesticide applications to a state natural area and lands/waters containing threatened or endangered plants and animals without the approval of the Director of ODNR or his/her designee.
8. Consider the possible effect(s) a chosen pesticide use might have on non-target species and bordering properties not owned by the state. For example, the effect on native butterflies that might result from a gypsy moth control project or crop damage to a neighboring farmers field.
9. Require each district and/or field operational unit to develop a contingency plan. This plan should address the actions to be taken in the event of a spill or accident, which may occur in the handling, use, application, or storage of a pesticide or hazardous chemical.
10. Address the maintenance of OSHA Material Safety Data Sheets (MSDS) notebooks at the work site. A MSDS should be obtained for each pesticide or hazardous chemical on hand.
11. Require that an effort be made to dispose of all unusable pesticides and/or hazardous chemicals promptly. Refer to Sections 40 CFR 261 & 262 of the Resource Conservation and Recovery Act (RCRA) for details.

All divisions will coordinate areas of special concern or questions through the Office of the Deputy Director of the Department and or designated personnel.

Definitions

As used in this directive, a pesticide is any product designed to control a pest, as defined in Section 921.01 (JJ) and (KK) of the Ohio Pesticide Law.

A hazardous chemical may be any chemical substance or combination thereof listed in 40 CFR of RCRA.

Position Paper On Pesticides & Pesticide Use

Ohio Pesticide Law, Section 921.01 (JJ) of the Ohio Revised Code (ORC) defines a "pest" as "a harmful, destructive, or nuisance insect, fungus, rodent, nematode, bacterium, bird, snail, weed, or parasitic plant or animal life or virus, or any plant or animal species that the Director (Ohio Department of Agriculture) declares to be a pest, except viruses, bacteria, or other microorganisms on or in living animals, including man." Section 921.01 (KK) of that same law defines a "Pesticide" as: (1) "Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

ODNR recognizes that pesticides are an important tool of agriculture, industry, government and the public in general. The continued use of such economic poisons is important and necessary to the continued health and welfare of the people of the State of Ohio and the nation. However, in spite of many years of use and much research, the effects of many pesticides especially the long-term effects are apparently not completely understood. Products once considered by many to be completely safe have been found to be harmful to man and his environment. In fact, the actual point at which some pesticides may be considered a beneficial tool or a problem pollutant can be difficult to distinguish.

The suffix "cide" when applied to a noun implies killing. Thus, an insecticide has been formulated to kill insects, a herbicide to kill plants, a fungicide to kill fungi, etc. Because pesticides were developed to kill a living thing they must be used with respect. Pest control is never a simple matter because other living things beside the target pest species may be destroyed and the environment contaminated.

The statutory responsibilities of the Director of the Department of Natural Resources, the department, its divisions and offices are clearly stated in Title 15 (ORC) and appurtenant Administrative Code. As the legally designated manager of Ohios lands, waters, soils, natural areas, state parks, state forests, and wildlife, the Ohio Department of Natural Resources through its Director has promulgated this "Position Paper" concerning the use and application of pesticides in Ohio.

The Director of the Ohio Department of Natural Resources:

1. Requests to be advised and consulted prior to the application of any pesticide to state property(s) by another agency of government or by a commercial applicator(s) acting with the consent and approval of another governmental agency. (Applications of herbicides by the Department of Transportation, county and local highway departments for normal weed and brush control along roads and at roadside parks would be excluded.)
2. Wishes to be kept informed of any adverse effects to the environment caused by the application of pesticides to publicly owned lands and waters.
3. Requests the Department be made a party to all programs, projects, activities, plans, etc., developed or in the process of development by any office or agency of the federal, state, county, township, or municipal government or by conservancy districts, sanitary districts, area-wide water quality management agencies, etc., in which pesticides are to be used if such use will cause or likely produce an adverse impact to the natural resources of this state which are under the statutory protectorate given this department by the people of Ohio.
4. Requests to be consulted in the preparation of lists and location maps of threatened and/or endangered species of plant(s) and animal(s) (vertebrate and invertebrate) which will be used for instructional or regulatory purposes by any governmental agency as they affect pesticide use.
5. Will submit a claim for damages or take any other legal action within his/her statutory authority to compensate the people of Ohio for any losses to their natural resources that have incurred as the result of careless or improper pesticide use.
6. Suggests that economic poisons (pesticides) be used only after other reasonable alternatives have been considered.
7. Endorses, whenever possible, the use of integrated pest management (IPM) concepts and techniques.

NOTE: The above would not apply in the event the pesticide application(s) were needed to control or abate a public health emergency declared by the Director of the Ohio Department of Health and/or the Governor of the State of Ohio.