AGENDA #5c
to: Roger L. Stancil, Town Manager
from: Lance Norris, Interim Public Works Director
subject: Follow-up on Duke Energy’s use of Herbicides
date: January 14, 2008
The purpose of this report is to provide follow-up information on Duke Energy’s use of herbicides as a component of their utility easements and rights of way maintenance program.
On September 21, 2007 Town staff received a request from a Council Member for information about Duke Energy’s use of herbicides as part of their utility line maintenance program (Attachment 1). That request for information was forwarded to Duke Energy management and an email response from Mr. Kenneth Kernodle, Duke Energy’s Business Relations Manager for Community and Governmental Affairs in Orange and Durham Counties, dated October 8, 2007, was received by Lance Norris, Public Works Director (Attachment 2). That email was subsequently shared with the Mayor and Council. At the Council Meeting on October 8, 2007, a Council Member petitioned the Town Manager for additional follow-up information. The staff was asked to provide an independent assessment of Duke Energy’s herbicide application program including information about the safety of the chemicals used, the potential fire hazard created and whether individual property owners can have any input on Duke Energy’s practices adjacent to their homes.
Pesticide Safety:
The information provided by Mr. Kernodle in Attachment 2, provides an overview of Duke Energy’s utility line maintenance objectives and some specific information about the various chemicals used. In subsequent discussions with Duke Energy representatives the staff has been further informed about their herbicide application methodology. According to Duke Energy representatives all elements of this methodology are consistent with applicable State and Federal regulations. The staff cannot independently confirm that appropriate application methodology has been used in all cases because this work was not directly overseen by Town employees but evidence of mechanical injury at the bases of taller (generally 6’ and above) dead trees appear to confirm Duke Energy’s stated practice of directed pesticide applications on larger target species (woody plants).
Directed pesticide application is done by first slashing the bases of trees with a machete or similar tool and then directing the herbicide application at the wound site. This practice, although not necessarily required by Federal regulations, increases the effectiveness of the herbicide and minimizes overspray contamination of non-target species.
The information Duke Energy provided lists the four pesticides that they employ in their utility line maintenance program. These include Accord Concentrate, Escort XP, Krenite S and Arsenal Powerline. In an effort to independently evaluate these products Town staff has reviewed the product safety information and application instructions that the Federal government requires be provided by the manufacturers for each of these four products. This information is provided as Attachment 3. A staff review of this information in light of the field conditions found in treated easements did not reveal any specific evidence of inappropriate product use but as discussed above, because Town employees did not oversee this work it can not be independently confirmed.
The information provided in Attachment 3 includes a specific precautionary category designation for each of the four products. Federal chemical labeling standards recognize four distinct categories including (I) DANGER label required, (II) WARNING label required, (III) CAUTION label required and (IV) where no precautionary label is required, in descending order of toxicity. Each of the four products utilized by Duke Energy is a (III) CAUTION label required product, which is the same level as commonly available homeowner products such as Round-Up.
Town staff previously considered chemical labeling categories in the development of the Town’s Integrated Pest Management Policy and have determined that category (I) and (II) pesticides are inappropriate for use on Town maintained properties and that the use of category (III) pesticides should be limited to the greatest extent practicable. It appears that the extensive pesticide applications recently undertaken by Duke Energy are inconsistent with this internal Town guideline to minimize applications, but we note that their selection of category (III) products is preferable to employing more toxic products that State and Federal regulations may also permit for similar applications. Although there remains considerable public discussion about the safety of category (III) chemicals, we do not believe the staff has the detailed expertise to independently evaluate the use of any one of these specific products if done in a manner consistent with applicable State and Federal guidelines.
Potential Fire Hazard:
We agree that the relatively large size and dense spacing of affected trees in some sections under utility lines appear to present a potential fire hazard. We have discussed this with Duke Energy staff and they have indicated that they would review treated areas and consider cutting back the affected trees in some locations. Specifically, we have requested that Duke Energy remove affected trees where they are adjacent to Town streets or near structures and thereby could potentially be considered a fire hazard. Duke Energy crews have begun this work and a number of previously treated easements have recently been cut back.
Citizen Input Regarding Herbicide Applications on Their Properties:
We believe that citizens may have opportunities to provide input to Duke Energy in order to reduce or eliminate their use of herbicides on private properties. Duke Energy representatives have informed the staff that their policy is to limit herbicide applications to sections of easements where target species, notably tall growing pines and hardwoods, are not otherwise prevented from becoming established. Accordingly, where residents maintain areas within easements as lawns, gardens or appropriately sized ornamental plantings, no herbicides are applied. The staff has requested that Duke Energy make a concerted effort to inform residents of this policy. We believe that this public outreach would enhance the opportunity for residents to work cooperatively with Duke Energy to reduce the use of herbicides.
We believe that another opportunity for citizen input may also be possible if Duke Energy were to set up a system of prior notification. Since 1990, when the Town’s Tree Protection Ordinance was enacted, Duke Energy has honored a negotiated agreement with the Town concerning scheduled tree pruning and hazard tree removal work associated with utility lines. This agreement assures that Duke Energy’s crews and subcontractors doing work within the Town limits will use agreed upon arboricultural standards in the execution of their work, and that through a process of informational door hangers Duke Energy will provide prior notification to adjacent residents. This notification process has been valuable in reducing negative citizen reaction to necessary line clearance maintenance work.
We understand that Duke Energy does not currently provide a prior notification process when using herbicides to control woody plant undergrowth. We believe that a system of prior notification could reduce citizen concerns, enhance opportunities for residents to take measures to eliminate the need for pesticide applications, and minimize the potential for citizen contact with pesticides where they are applied. The staff has met with Duke Energy representatives and requested that they initiate a system of prior notification when herbicide applications are anticipated on their easements. The staff will continue these discussions in an effort to agree upon what type of notification system may be able to be put in place.