County Executive Ike Leggett in a memo sent to County Council President George Leventhal Monday expressed numerous concerns with the general pesticide ban passed by the council earlier this month.
Leggett wrote that he would not sign the bill due to questions about its legality, effectiveness and scope. Even without the county executive’s signature, the bill will still go into effect after the council passed it Oct. 6 by a 6-3 vote, a veto-proof margin.
The pesticide ban for county-owned lawns is scheduled to go into effect in 2016, while the ban on cosmetic pesticide use for private lawns is scheduled to go into effect in 2017.
Leggett wrote that his primary concern is about the role a local government should play in regulating pesticides, which are already regulated at the federal and state level.
“I am concerned about the opinions of an Assistant Attorney General regarding whether a ban on the use of certain pesticides in the County would be preempted by state law,” Leggett wrote. “Undoubtedly, this measure will be taken to court, and the result there is quite uncertain.”
Leggett wrote that he supports a ban on pesticide use at child care centers and playgrounds. However, he does not believe the general ban on the use of pesticides for cosmetic purposes on private lawns in the county is easily enforceable.
The legislation, as it’s written, bans homeowners from using EPA-registered pesticides on their lawns except to control noxious weeds or invasive species. Agricultural uses and golf courses were exempted from the law.
“An outright ban on the use of certain pesticides will be confusing to residents and businesses in the County, and will make enforcement of the law challenging, particularly given that these pesticides have been approved for use by the U.S. Environmental Protection Agency and the State of Maryland,” Leggett wrote.
The legislation does not ban local stores from selling pesticides and council members said it would largely be up the public to adhere to the ban in a similar way to how individuals follow recycling regulations and smoking bans.
Leggett also expressed his concern about the part of the legislation that calls for Montgomery Parks to stop using pesticides on all of its playing fields by 2020. Currently the parks department reports that it primarily uses pesticides only on high-level playing fields and spends a tiny fraction of its budget on pesticides.
“My understanding is that turf experts have expressed concerns that, because of factors unique to our Mid-Atlantic climate, pesticides are required to ensure quality playing surfaces and to minimize player injury resulting from uneven surfaces,” Leggett wrote.
