PROPOSED BY NO SPRAY COALITION
SETTLEMENT OUTLINE
No Spray Coalition, et. al v. City of New York, et. al.

[NOTE: This is what the Coalition has proposed and sent to New York City's government. City officials are responding to it, and negotiations are in progress. This is not an agreed-upon settlement, but it poses a model for other areas as well. We invite your comments and additions.]

The City of New York is becoming increasingly aware of the cumulative dangers of pesticides and herbicides to the waterways and the natural environment of New York, as well as to the health and well-being of the people living or visiting here.

The City of New York is aware of extensive research by the Centers for Disease Control in which the agency has projected that every person living in the United States carries in their bodies dangerous levels of toxic pesticide residues.

The City is aware that many dangerous chemical components of these pesticides linger in the environment;

Further, the City takes note of the recent Pesticide Notification and other legislation passed by the NY City Council that provides new legal requirements and remedies for the misuse of pesticides; and,

Finally, the City is aware that the pesticides that City agencies have utilized to kill mosquitoes endanger the lives of fish and other aquatic life when applied over or near waterways, and kill off the natural predators of mosquitoes. These predators, in general, have longer reproductive cycles than the mosquitoes themselves. Thus, the widescale use of pesticides has, over time, the unintended consequence of actually
increasing the mosquito population as well as mosquitoes' natural resistance to the pesticides used.

Therefore, the City of New York appreciates the tireless work and information provided by the Plaintiffs on these issues and agrees to settle the Lawsuit brought by The No Spray Coalition, The National Coalition Against the Misuse of Pesticides, Disabled in Action, Save Organic Standards, NY, Mitchel Cohen, Valerie Sheppard, Robert Lederman and Eva Yaa Asantewaa, by stipulating to the following:

I. SPRAYING BUFFERS AND NOTIFICATION

The City of New York agrees as policy that

a. It will not spray pesticides on, over, or within 1,000 feet of waterbodies or wetlands surrounding or within NYC, or within 1,000 feet of residential homes near wetlands.

b. When any pesticide or herbicide spraying is about to occur, security personnel (police, etc.) must notify people in the area and give them sufficient time (72 hours or more) to leave the area.

c. Neighborhoods will be made aware of days and times of scheduled sprayings 72 hours in advance. Persons at risk (including the elderly, ill, children, disabled, immune compromised, MCS (multiple chemical sensitivities) or cancer survivors, and pregnant women) must be notified 5 days prior to applications so that they have time to prepare an exit from the area. Free transportation out of the area will be provided for those affected people.

d. No aerial or indiscriminate truck spraying of Malathion, pyrethroids, or other adulticides will be permitted.

e. No combination spraying (e.g. malathion + pyrethroid) will be permitted; there is no human impact test data currently available on their synergistic effects.

f. It will stop its widespread use of Monsanto's Roundup and other organophosphate herbicides that are used mostly for cosmetic purposes.

g. New Yorkers will be invited to add their names to a Do-Not-Spray list, for those who do not want their homes/yards/families subjected to aerially-applied pesticides (including airborne applications by spraytrucks). Once on these lists, residents should not have to renew them each year. They should remain on the list until they take themselves off it.

h. It will add a visible tracer to aerially-applied/misted pesticides so everyone, including the pilot/applicator, can see where the pesticides are going. The visible tracers MSDS is to be reveiwed prior to application and all contents tested by EPA with data reviewed before any application commences. This includes testing the contents (and tracer) for MOLD contamination.

II. GREATER COMMITMENT TO PROTECTING THE WATERWAYS AND PUBLIC HEALTH FROM PESTICIDE EXPOSURE

The City of New York agrees as policy that

a. Wetland areas and waterways must not be sprayed with adulticides.

b. In areas where wetland areas contact streets, the City agrees to establish planted vegetative buffer areas with berms (perhaps funded by the state under the stormwater-runoff program) which will keep rainwater from running off streets and then pooling in adjacent wetland areas. This will minimize mosquito growth. The City agrees that wetlands should be fed by natural water sources only. NYC should ntensify efforts to keep street drains clear and functional.

c. The City agrees to develop a comprehensive Integrated Pest Management
(IPM) program that does not take a spray first and ask questions later approach, and will provide funding for the hiring of experts in non-toxic mosquito control who will draft and develop IPM programs. These programs shall be integrated into the City Council's recently passed IPM legislation.

d. It will make publicly accessible links to information concerning health risks from pesticide exposure on the NYC website, and advisories concerning the health dangers of pesticides sent to health care professionals. This information shall be sent to media as well.

e. It will publicly disclose and publicize fines issued against pesticide companies.

f. It will prominently link on its website to the CDC study that found dangerous pesticide levels in 100 percent of the thousands tested. The CDC projected that all people living in the U.S. carry dangerous levels of toxic pesticides in our bodies.

g. It will continue doing GIS mapping of avian deaths for DOHMH. This will be reviewed against and correlated with the statistics from EPA's city-wide air pollution meters and the information will be made publicly available.

III. MEDICAL NOTIFICATION & INFORMATION-GATHERING PROCEDURES

The City of New York agrees as policy to

a. Draft and distribute a pesticide exposure guidelines to all medical personnel throughout the metropolitan area.

b. Establish protocols for proper treatment in conjunction with the Community Environment and Health Council (see below). Include all potential health effects, and a full toxicology program to be provided to all medical personnel in NYC, hospitals, doctors offices, school nurses, clinics, etc.(e.g., publication of cholinesterase panel (RBC + plasma) testing for OP exposure should include how/when to collect blood specimens, what NYC labs would do the test, how to interpret the results (do NOT compare to normal range, but to the individual levels which means taking a
second cholinesterase panel within 2 weeks of the first test which must be done
immediately after exposure).

c. Distribute notices to all school nurses advising them what symptoms to look for in children and adults who may have been exposed to pesticides, and the protocol for responding to them.

d. Provide a list of specific lab tests for analysis of pesticide metabolite levels, as well as shipping instructions with phone contacts, to all medical personnel as well as the public, for pesticides being applied.(funny how CDC can test for PYRETHROIDS, BUT no one can else can get tested for them especially in NY).

e. Inform medical teams in spray area to do actual blood sampling over time, as pesticide poisonings can develop progressively (chronic) even after the victim/patient had already been seen once.

f. Create emergency medical monitoring team reference sheets for MD's and ERC's, and include emergency medical intervention procedures for pesticide-poisoning, instructions for testing the blood of ALL those with poisoning symptomology and retesting in 4 weeks.

g. Fully record and maintain accurate central log of all pesticide-related complaints to all venues.

h. Collect and review all toxicology (including oil refinery emissions and/or pesticide exposure) on all avian deaths (as well as people deaths) said to have been caused by the West Nile Virus.

IV. PESTICIDE EXPOSURE HOTLINE, WEBPAGES & PUBLIC INFORMATION

The City of New York agrees as policy to

a. Create and allocate sufficient funds for a new Pesticide Exposure Call-In Hotline and website (part of DOHMH website) supported and staffed by trained pesticide knowledgeable doctors, nurses and hospital locations (in all boroughs of NYC) to respond to medical complaints. The hotline will become part of the NYC Emergency Management Handbook and program.

b. The hotline number will be published to all police, fire, rescue, ambulance, hospitals, doctors (private and public) and other medical facilities in NYC, and to the website. The hotline and informational web pages will be included in media releases and prominently displayed in Times Square, supermarkets and other public locations so that their presence is known to the general public.

c. All pesticide-related complaints to the Hotline, 3-11, ER rooms or doctors (private or public), schools, and everywhere else should be entered into a PIMS (Pesticide Incident Management System) database.

d. The Pesticide Exposure Hotline, Poison Control, 3-11 and other City agencies should refer callers concerned about exposure and possible illness due to the pesticide applications to Mt. Sinai Occupational Safety and Health Clinic or Bellevue Hospital, which are already set-up to handle such cases.

e. Remove all statements from DOHMH and other city websites and literature
advocating or promoting the use of DEET, and outline the reasons why DEET
is not recommended and is indeed dangerous for children especially;

f. Provide non-toxic alternatives for personal use of mosquito repellant applications. The DOH's website will link to the NoSpray Coalition's alternatives web page <www.nospray.org>, as well as to those of other groups such as www.beyondpesticides.org, advising people to go to those websites for more information.

g. Recall the DOH's 2004 comprehensive mosquito surveillance and control
plan, because of misstatements, advocacy of DEET, and for statements telling people not to wash off children's playground toys and sandboxes after spraying, among others.

V. IMPROVE WORKERS' PROTECTION

The City of New York agrees as policy to

a. Provide free medical coverage for all workers and individuals adversely affected by exposure to adulticides.

b. Supervise all spray workers and insure that they be given and wear full protective gear.

c. Require all NYC applicators to possess a license as a Certified Pesticide Applicator, no use of students or part time workers or janitors or maintenance persons to apply pesticides.

d. Additional measures to be developed in conjunction with the No Spray Coalition et al. and the workers' Unions.

VI. COMMUNITY ENVIRONMENT AND HEALTH COUNCIL

a. The City of New York agrees as policy to officially recognize the Community Environment And Health Council established by the Plaintiffs.

b. The Council would consist of members from the No-Spray Coalition, National Coalition for the Misuse of Pesticides, Disabled in Action, Save Organic Standards-NY, health care professionals, environmental organizations, advocacy groups, non-toxic pesticide applicators and other pesticide-conscious parties. Furthermore, the Council would:

c. Consider and make recommendations on environmental health impacts of
pesticide use and alternatives.

d. Be mandated to hear from (and possibly include) neurotoxicologists,
neuropsychologists, non-toxic pest control experts, wildlife rehabilitators.

e. Analyze toxicological samplings, and submit findings to review by occupational and environmental health case providers and advocates.

f. Be authorized to sponsor public meetings before pesticides are used, at which the DOH and other public officials must attend and be available to answer questions

g. Review and propose alternative, nontoxic control of mosquitoes

h. Critique the city's official mosquito control plan and offer new plans to reduce adulticides with less toxic materials

i. Assess agents chosen with regard to interaction with all toxics in our living environment, and then test agents in combination with them for synergistic or cumulative impact on health and environment

j. Review transportation, storage, and financial ramifications of pesticides

k. Develop and publicize substantive and least harmful application guidelines for all chemicals applied to the environment

l. Be provided with access to all NYC information on health concerns for pesticides and other chemicals.

m. Establish a liaison to the NY City Council Committee of Health and Environment and be added as non-voting, adjunct members to that City Council committee.

VII. MAKING INFORMATION AVAILABLE

a. The City of New York agrees as policy to make immediately availability all information on instances of spraying and geographic location, and

b. Use and make available all GIS maps showing all surface bodies of water within and surrounding NYC.

c. The City of New York agrees as policy to access to computer/GPS spray maps indicating the actual locations of planned truck and aerial application. These must be posted to the NYC DOHMH website at least 24 hours prior to application, and again with any changes indicated on the map following any spraying.

d. The City of New York agrees as policy to post on the DOH website the results of studies that confirm the significant harm that pesticide toxins do to marine life.

e. Just prior to any applications, NYC shall establish Pre-Application Checklist procedures whereby the pesticides are checked by professionals to ensure that they were properly stored, have not expired, etc. and such information is logged and available to the public prior to any application. All pesticide formulations designated for use in the surrounding areas are to be tested prior to use by an independent agency for correspondence to label quantities to ensure product has not degraded.

f. NYC shall set up a call center that is in direct contact with the No Spray Coalition on all intended sprayings. NYC must provide funding to employ a knowledgeable advocate agreed to by the No Spray Coalition to monitor the intended sprayings of NYC. Notice of sprayings after the fact and after damage has been done is completely unacceptable.

g. New York City must not fund or work with organizations that have serious and obvious conflicts of interests, i.e., groups funded by or otherwise obligated to major polluting industries. The City authorizes the Plaintiffs to monitor the potential conflicts of interest, and to provide the City with a list of such organizations and corporations.

VIII. REMEDIES & ESTABLISHMENT OF ENVIRONMENTAL FUND

a. The City agrees to pay $100,000 for ongoing testing and elimination of pesticides from the City's waterways, to a fund administered by the Plaintiffs and set up for that purpose, with the approval of Judge Daniels.

b. The City agrees to pay $25,000 to each of 7 non profit environmental and health organizations (to be chosen by Plaintiffs) with the approval of Judge Daniels

c. NYC agrees to set up an ongoing fund from which grants will be issued to
grassroots groups working on alternatives to pesticides, and corollary issues. The Defendants agree that representatives from the No Spray Coalition will head the Fund and that each of the Plaintiff organizations will be permanent members of the grant-allocation committee.

d. Municipal tax credits will be made available to people who use accepted/proven alternative devices/substances/methods. For example; mosquito magnets are completely non-toxic and they work, but they are expensive. A tax credit would encourage people to buy them and use them, resulting in less reliance on pesticides and spraying.

e. Defendants agree to pay Plaintiff's legal fees in full, as part of this settlement.