2018 Connecticut General Statutes
Title 22a - Environmental Protection
Chapter 441 - Pesticide Control
Section 22a-66m - Application of pesticides on municipal playgrounds. Lawn care pesticide prohibition. Emergency exception. Prior public notice of pesticide application.

(a) As used in this section:

(1) “Pesticide” means a fungicide used on plants, an insecticide, a herbicide or a rodenticide but does not mean a sanitizer, disinfectant, antimicrobial agent or a pesticide bait;

(2) “Microbial pesticide” means a pesticide that consists of a microorganism as the active ingredient;

(3) “Biochemical pesticide” means a naturally occurring substance that controls pests by nontoxic mechanisms;

(4) “Lawn care pesticide” means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the federal Insecticide, Fungicide and Rodenticide Act for use in lawn, garden and ornamental sites or areas. “Lawn care pesticide” does not include (A) a microbial pesticide or biochemical pesticide that is registered with the United States Environmental Protection Agency, (B) a horticultural soap or oil that is registered with the United States Environmental Protection Agency and does not contain any synthetic pesticide or synergist, or (C) a pesticide classified by the United States Environmental Protection Agency as an exempt material pursuant to 40 CFR 152.25, as amended from time to time;

(5) “Certified pesticide applicator” means a pesticide applicator with (A) supervisory certification under section 22a-54, or (B) operational certification under section 22a-54, who operates under the direct supervision of a pesticide applicator with such supervisory certification;

(6) “Controlling authority” means the executive head of the municipal department responsible for the maintenance of a playground or such person's designee. “Controlling authority” does not include the executive head of any municipal department responsible for the maintenance of any school;

(7) “Municipal playground” means an outdoor area owned or controlled by any town, city or borough, consolidated town and city or consolidated town and borough that is designated, dedicated and customarily used for playing by children, such as any such outdoor area that contains any swing set, slide, climbing structure, playset or device or object upon which children play. “Municipal playground” does not include any: (A) Playground located on the premises of any school, or (B) athletic field; and

(8) “Athletic field” means any field or open space used primarily for sporting activities.

(b) No person other than a certified pesticide applicator shall apply pesticide within any municipal playground except a person other than a certified pesticide applicator may make an emergency application of pesticide to eliminate an immediate threat to human health, including, but not limited to, the elimination of mosquitoes, ticks and stinging insects, provided (1) the controlling authority determines such emergency application of pesticide to be necessary, (2) the controlling authority deems it impractical to obtain the services of a certified pesticide applicator, and (3) such emergency application of pesticide does not involve a restricted use pesticide, as defined in section 22a-47.

(c) No person shall apply a lawn care pesticide on the grounds of any municipal playground, except an emergency application of pesticide may be made to eliminate an immediate threat to human health, including, but not limited to, the elimination of mosquitoes, ticks and stinging insects, provided (1) the controlling authority determines such emergency application of pesticide to be necessary, and (2) such emergency application of pesticide does not involve a restricted use pesticide, as defined in section 22a-47.

(d) Prior to providing for any application of pesticide on the grounds of any municipal playground, the controlling authority shall, if the situation permits, within the existing budgetary resources available to the controlling authority, provide public notice of such application not later than twenty-four hours prior to such application of pesticide. Such public notice shall be posted on the Internet web site of the applicable municipality. If a controlling authority determines an emergency application of pesticide to be necessary pursuant to subsection (b) or (c) of this section, such notice shall be given as soon as practicable. Notice under this subsection shall include (1) the name of the active ingredient of the pesticide being applied, (2) the target pest, (3) the location of the application of pesticide on the grounds of the municipal playground, and (4) the date or proposed date of the application of pesticide. A copy of each notice of such application of pesticide at a municipal playground shall be maintained by the controlling authority for a period of five years from the date of application of the pesticide and available to members of the public.

(June Sp. Sess. P.A. 15-5, S. 439.)