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Subject: FW: PESTICIDE INCIDENT AT 1408 LAWRENCE <br /> Date: Wednesday, May 31, 1995 4:42PM <br /> < <File Attachment: HARRIS.LET> > <br /> Les, I hear you had some contact with Judy Giers about this situation. I'm <br /> forwarding the summary below to explain our handling of the situation, and <br /> to make sure you are in agreement with our approach. Basically what we <br /> found was not enough direct evidence of a measurable discharge, either with <br /> the Crossbow spraying or with the potential application of Casaron, to treat <br /> the situation as an enforcement issue. We were of course concerned about <br /> the indirect evidence of spraying blackberries hanging over the channel <br /> and <br /> expressed that in our letter to the property owner. <br /> My sense of where we are at with the stormwater program is that in cases <br /> such as this we have more of an public education need and effort than an <br /> aggressive enforcement approach. We used some of the fact sheets that Mary <br /> has developed along with the letter attached below to try to inform the <br /> property owner of water quality impacts of pesticide use. Beyond that <br /> don't see any existing code or policy that would justify further action. If <br /> a property owner chooses to use herbicides to control the vegetation for <br /> which they are legally responsible, and do so in a manner following state <br /> regulations, following the instructions for the product, and avoiding any <br /> discharge of the material into the stormwater system, I don't see much we <br /> could do beyond the educational aspect. Of course there are gray areas, and <br /> this situation may fall slightly into such a region, but there really does <br /> not appear to be an enforceable violation. It seems Ms. Giers does not <br /> agree with our approach, and based on her comments to Kevin Foerstler may <br /> feel that you had another interpretation. Let me know if you have any <br /> concerns with our approach. <br /> Thanks, Fred <br /> From: FOERSTLER Kevin J <br /> To: MCVEY Fred <br /> Subject: PESTICIDE INCIDENT AT 1408 LAWRENCE <br /> Date: Wednesday, May 31, 1995 3:07PM <br /> Fred, here is a summary of this incident and my questions. <br /> The Vegetation Program received a complaint on 4 -26 -95 from Judy Giers <br /> I David Olson (1407 Washington) regarding a neighbor to the east of <br /> their <br /> I I <br /> property e cs e right -of -way ssbow who She was sprayed unhappy ht about kberrie the in distruction the ally of blackbird with habitat <br /> and <br /> I I the fact that the spraying occurred adjacent to the Amazon channel. <br /> She <br /> I I felt that the poison would leach into the channel through the roots <br /> and <br /> also <br /> I believed that the foliage over the water had been sprayed, with <br /> chemical <br /> I directly entering the waterway. <br /> The complainants wanted the City to stop the neighbor from clearing <br /> t he <br /> I I blackberries from the alley and to prevent him from spraying any <br /> "poisons" <br /> I I near the channel. I explained to the complainants that the vegetation <br /> Page 2 <br />