Hackney Council

Glyphosate - Information Request - Hackney (FOI-6082)

Message from Hackney Council

21 July 2020

Re: Freedom of Information Request /Environmental Information Request

Thank you for your request for information under the Freedom of Information Act 2000 and EIR, received 23 June 2020. Your request has been considered and our response is in bold below.

The Council’s Response to your request

1) Which herbicides2 are currently used by or on behalf of the Council and/or on land owned by, managed by, or under the control of, the Council?
ENVIRONMENTAL OPERATIONS (ENV OPS) - We can confirm Environmental Service’s use a Glyphosate herbicide.

PARKS & GREEN SPACES (PGS)- The Council’s Parks & Green Spaces Service currently uses:

Herbicide

Depitox Grass Selective

Masstox Fungicide

Masstox Qualgex

Maxicrop Impede Selective

Roundup Pro-Biactive 360

ESTATE MANAGEMENT/GROUND MAINTENANCE - Dipel for treating Oak Processionary Moth and Box Blight Caterpillar. Roundup pro - biactive, for the treatment of Japanese KnotWeed and spot spraying weeds in shrub beds and some obstacles in grass areas to prevent stones being propelled into windows. Chikara, to be mixed with Roundup to reduce the use of Glyphosate.

2) For the most recent 12-month period for which information is available, please identify the amount and brand of each herbicide in question (including making clear whether the product is glyphosate based or not).
ENV OPS - During the most recent 12 month period we have used 610 litres of a glyphosate based product called Roundup.

PARKS & GREEN SPACES

Herbicide

Amount Used (12 Month Period)

Depitox Grass Selective

Not Used

Masstox Fungicide

Not Used

Masstox Qualgex

Not Used

Maxicrop Impede Selective

1.2L

Roundup Pro-Biactive 360 (glyphosate)

10.4L

ESTATE MANAGEMENT/GROUNDS MAINTENANCE - Please see below table for the last 12 months usage of Roundup, Chikara and Dipel DF.

Roundup (Glyphosate based)

Chikara (not Glyphosate based)

Application diluted (mixed with water)

Dipel DF (not Glyphosate based)

Application diluted (mixed with water)

55.79 Litres

1314.50 grammes Chikara

1456 Litres

30 grammes

45 L diluted with water

3) What is the basis for the choice of product(s)? Insofar as the Council uses any glyphosate based product(s), please explain exactly why it does that rather than using other products (or other approaches not involving glyphosate). Please provide copies of any policy or other document which informs that decision-making.

ENV OPS - Glyphosate has been used by Hackney for many years and the herbicide is authorised for use on hard surfaces in the UK. We are aware of the issues involved in the use of this product , however it is authorised / licenced and deemed safe for use on hard surfaces in the UK and it has proved to be effective in the control of weed growth. We are exploring alternatives to the use of Glyphosate, however, at present there are no viable alternatives which will give us the same level of weed control without significantly increasing the cost of it. A decision has been taken to continue with its use, however we will keep this under review and follow Government guidance on the product. Additionally ,the councils policy is to minimise the use of glyphosate and where possible new arrangements will be implemented to achieve this.

PARKS & GREEN SPACES - The Parks & Green Spaces Services uses products that are recommended to carry out the required operation. The only product that contains glyphosate is Roundup - Biactive 360. The Council’s approach is outlined in the attached document.

ESTATE MANAGEMENT/ESTATE MANAGEMENT - LBH has trialled other weed control methods such as heat and foam, but these are far inferior to Glyphosate use. We are embarking on a Japanese Knot Weed control to several street properties and residents own gardens and therefore the Glyphosate use in these areas will increase. We are using Chikara with Glyphosate to reduce the amount of Glyphosate we use. We use Dipel for OPM as this is the recommended product by the Forestry Commission.

4) What steps are taken by the Council to ensure that any such use of herbicides, and glyphosate products in particular, complies with Regulation 10 of the Plant Protection Products (Sustainable Use) Regulations 2012 and the applicable guidance, including:

4.1. Any instructions or similar given to people employed by the Council and

ENV OPS - See below

The information shown below is our response to questions 4, 4.1 and 4.2

Please see below Regulation 10 of the Plant Protection Products (Sustainable Use) Regulations along with my comments regarding each paragraph. Regulation 10 is concerned with:

Taking reasonable precautions to protect people and the environment.
Targeting the application of herbicides.
Minimising the quantity of herbicide applied to public places.

Use of plant protection products

10.—(1) A person who uses, or causes or permits an individual to use, a plant protection product must ensure—

(a)that all reasonable precautions are taken to protect human health and the environment;

Product selection. Only non-hazardous (no warning symbols) products are applied.
Contractor selection. Only BASIS Amenity Assured contractors used to ensure high standards of training competence and compliance.
Compliance. All products are applied as per the manufacturer"s instruction and in accordance with the industry Code of Practice.
Monitoring. All staff involved with the application of herbicides are monitored and audited weekly throughout the application periods.

(b)that the application of the plant protection product is confined to the crop, land, produce, buildings, contents of buildings, materials or other areas intended to be treated; and

Equipment selection. Only hand held equipment used to minimise non-target applications.
Instruction & supervision. Clear maps are provided and instructions given to all staff to identify where herbicide treatments should and should not be carried out.
Reporting. Daily reporting is submitted to identify and record areas treated.

(c)when the product is used in any of the places listed in paragraph (2), that the amount used and the frequency of use are as low as reasonably practicable.

Adjuvant selection. Adjuvants and conditioners are used to reduce the total herbicide required through increasing the availability of the active herbicide and maximise the efficacy of the herbicide applied.
Timing. Locations where the general public or by vulnerable groups congregate are avoided and treated at alternative times.
Exclusion zones. Staff are made aware of sensitive areas where herbicides should not be applied.

(2) The places referred to in paragraph (1)(c) are—

(a)areas used by the general public or by vulnerable groups;

(b)areas in the close vicinity of healthcare facilities;

(c)protected areas of the type referred to in paragraph 1(v) of Annex IV to Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy(17) (“Directive 2000/60/EC”) or other areas identified for the purposes of establishing the necessary conservation measures in accordance with the provisions in Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(18) and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(19);

(d)areas recently treated with a plant protection product and used by or accessible to agricultural workers;

(e)on or along roads, railway lines, very permeable surfaces, or other infrastructure close to surface water or groundwater; or

(f)on sealed surfaces with a high risk of run-off into surface water or sewage systems.

(3) A person who uses, or causes or permits an individual to use a plant protection product in the circumstances set out in paragraph (4) must, so far as is reasonably practicable, use or cause or require the use of a plant protection product not classified as dangerous for the aquatic environment pursuant to Directive 1999/45/EC(20) nor containing priority hazardous substances as referred to in Article 16(3) of Directive 2000/60/EC (“priority hazardous substances”).

Product selection. Only products approved for aquatic use are applied.
Product selection. Only glyphosate products are applied. Glyphosate is not a priority hazardous substances as referred to in Article 16(3) of Directive 2000/60/EC

(4) The circumstances referred to in paragraph (3) are—

(a)the use of the plant protection product represents a risk to the aquatic environment or drinking water; and

(b)there is a product authorised for use in the particular situation which is neither classified as dangerous for the aquatic environment pursuant to Directive 1999/45/EC nor containing priority hazardous substances.

(5) Where necessary in order to protect non-target aquatic organisms, the appropriate United Kingdom competent authority must include in authorisations and permits granted under Regulation 1107/2009 a requirement for an appropriately sized buffer zone.

(6) In this regulation—

(a)“areas used by the general public” includes public parks and gardens, sports and recreation grounds, school grounds and children’s playgrounds;

(b)“sealed surfaces” means surfaces that do not allow liquid to pass through them;

(c)“vulnerable groups” means persons needing specific consideration when assessing the acute and chronic health effects of plant protection products, including pregnant and nursing women, the unborn, infants and children, the elderly and workers and residents subject to high plant protection product exposure over the long term.

PARKS & GREEN SPACES - All Parks & Green Spaces staff are fully trained and have both PA1 and PA6 certification. All datasheets and application rates are issued to all staff before any works commences.

ESTATE MANAGEMENT/GROUND MAINTENANCE - All staff that apply herbicides are qualified to do so with a National Proficency Test Council PA1 & 6 Qualification. Within Hackney we operate a "spot spray" approach to applying herbicide, where only the required weed to be removed is targeted , rather than a continous "blanket spray system" where the sprayer is left on continously by the operative to treat any weed or plant

4.2. Any contractual or other provisions in relation to work undertaken by contractors.
Please provide copies of any relevant documents (redacted to remove any commercially confidential financial information).

PGS - All current applications in parks are undertaken by Parks & Green Spaces staff.

ENV OPS - Please refer to our response to 4.1

5) Please, in particular, provide details of any controls which are applied in respect of:
5.1. parks and gardens,

PGS - In parks and green spaces all requests for herbicide use has to be referred to, and approved by, the Parks Operations Manager outlining the reasons for the request with the amount of usage required. Herbicide usage sheets are filled out, with staff following the guidance in the Parks & Green Spaces Service Operations Manual (Safe System of Work).

5.2. sports and recreation grounds,

PARKS & GREEN SPACES - Please refer to our response to 5.1

5.3. school grounds, -

This information not available currently.

5.4. children’s playgrounds,

PGS - The Parks & Green Spaces Service does not undertake herbicide treatment to these sites.

5.5. areas in the close vicinity of healthcare facilities.

PGS - N/A

ESTATE MANAGEMENT/GROUND MAINTENANCE - We are not aware of any within housing grounds maintenance. There is Homerton Enclosure near to Homerton Hospital

ENV OPS - The council uses a specialist contractor to undertake weed control on the streets. The contractor operates to a BASIS Amenity Assured Standard which sets a benchmark of best practice methods for weed control in amenity situations. Requirements include compliance with all health and safety regulations relating to undertaking weed control in open spaces. BASIS audits the contractors systems and their performance regularly to ensure compliance with the standard. This takes into account safe working practice which the contractor adheres to. Further details can be found on the BASIS website.

Please provide copies of any relevant documents.

information on National Test Proficiency Council (NTPC) PA1 and 6 Qualification can be obtained from the NPTC website

6) Please also explain what controls (if any) apply in respect of herbicide use with regard to:

ESTATE MANAGEMENT/GROUNDS MAINTENANCE - We are unable to calculate when the people within the catagories below are at close proximity to where we are applying herbicide.

ENVO OPS - Again the contractor is a member of BASIS and all operations are subject to strict health and safety controls. The contractor is an accredited member of environmental and occupational health and safety management systems, including ISO 9001 and OHSAS18001. The accreditation body BSI ( British Standards Institute) carries out audits of the contractors" work practices and systems to ensure safety compliance in all situations. The contractor also strictly adheres to the manufacturers guidance on the use / application of the product.

6.1. pregnant and nursing women,

PGS - All spraying in parks and green spaces is undertaken in line with all relevant guidance and all staff are fully trained. All spraying is undertaken early in the morning, when the park is either still closed or has very limited use. Signage is erected around the area that is being treated.

6.2. the unborn,

PGS - All spraying in parks and green spaces is undertaken in line with all relevant guidance and all staff are fully trained. All spraying is undertaken early in the morning, when the park is either still closed or has very limited use. Signage is erected around the area that is being treated.

6.3. infants and children,

6.4. the elderly, and/or

6.5. anyone potentially subject to high herbicide exposure over the long term.
Please provide copies of any relevant documents.
PGS - All spraying in parks and green spaces is undertaken in line with all relevant guidance and all staff are fully trained. All spraying is undertaken early in the morning, when the park is either still closed or has very limited use. Signage is erected around the area that is being treated.

7) Please also provide details of any controls or practices which are applied to ensure that herbicide use is targeted in accordance with Regulation 10(1)(b).
ENV OPS -As stated the contractor is BASIS accredited and is compliant with all safety regulations relating to the handling and application of Glyphosate, in accordance with Regulation 10. Specific information relating to the BASIS Amenity Assured Standard is available online. Please also see the response provided above

PGS - As outlined above (i.e. 6.5)

ESTATE MANAGEMENT/GROUNDS MAINTENANCE - We operate a five metre + buffer zone when treating plants near to water courses.

8) What is the Council’s policy on the use of herbicides on or near protected areas (including areas protected under the Water Framework Directive3 and the Habitats Directive4) if relevant within the Council’s area. Please provide copies of any relevant documents.
Monitoring and enforcement
ENV OPS - We can confirm that no weed spraying takes place, under the contract held with our contractor, in the above mentioned areas. In the event that any spraying was required, the contractor would comply with all regulations relating to the control of weed growth in these areas.

PGS - As outlined above (i.e. 6.5)

ESTATE MANAGEMENT/GROUNDS MAINTENANCE - We operate a five metre + buffer zone when treating plants near to water courses.

9) How does the Council monitor and enforce compliance (whether by its own employees or contractors) with Regulation 10 and the applicable guidance, as above? Please provide copies of any relevant documentation.
ENV OPS - Our contractor is BASIS registered and regularly audited by the accreditation body. The information above provides details on how they undertake weed control in the borough and how they monitor their operatives performance. The spraying schedule is agreed in advance and regular updates are provided to us by the contractor. On site / street meetings take place and data on spraying activity and safety measures taken are requested and reviewed regularly .?.

PGS - In the Parks & Green Spaces Service all usage is recorded on chemical usage sheets by the user and these are filed. All usage is entered onto a spreadsheet so usage and trends can be montoried. All staff in the Parks & Green Spaces Service are fully trained, and have PA1 and PA6 certification

ESTATE MANAGEMENT/GROUNDS MAINTENANCE - Site inspections

10) Please provide information and documentation relating to the Council’s consideration of, and action taken relating to, any complaints or other information relating to any potential failures to comply with those requirements within the last 5 years.
Covid-19
ENV OPS - In the last 5 years there have been no complaints received relating to a failure of the contractor to comply with the requirements mentioned above.

PGS - N/A

ESTATE MANAGEMENT/ GROUNDS MAINTENANCE - Not aware of any

11) Have the Government measures in response to Covid-19 impacted on the Council’s use of herbicides?
ENV OPS - In spite of Covid-19 pandemic there has been no impact in relation to the use of herbicide usage

PGS - No impact in relation to the Parks & Green Spaces Service

ESTATE MANAGEMENT/GROUND MAINTENANCE - No

3 Council Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy
4 Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora
ESTATE MANAGEMENT/GROUNDS MAINTENANCE - N/A

12) If there has been a reduction in use:

ENV OPS - We can confirm there has been a ‘per application’ herbicide reductions achieved over the past six years.

12.1. Please estimate that reduction as a %.
ENV OPS -

2015 - Average litres of herbicide use to complete one application was 288 litres

2016 - Average litres of herbicide use to complete one application was 269 litres, a reduction of 6%

2017 - Average litres of herbicide use to complete one application was 253 litres, a reduction of 6%

2018 - Average litres of herbicide use to complete one application was 245 litres, a reduction of 3%

2019 - Average litres of herbicide use to complete one application was 203 litres, a reduction of 17%

2020 - Average litres of herbicide use to complete one application was 100 litres, a reduction of 51%

Over the past six years we have achieved a 65% per application reduction in herbicide used.

This has been achieved by reducing application rates, the use of adjuvants and conditioners and more recently the use of hand held equipment in place of mini tractors.

PGS - In parks and green spaces the reduction from 2018/19 to 2019/20 has been approx. 50%.

ESTATE MANAGEMENT/GROUNDS MAINTENANCE - 15% for housing Grounds Maintenance

12.2. Has the Council been criticised for failing to control weeds through herbicide application?
ENV OPS - No

PGS - No

ESTATE MANAGEMENT/GROUNDS MAINTENANCE - Some residents have complained from time to time

13) Has the Council been criticised for failing to undertake routine mowing?
ENV OPS - Environmental Services do not cut grass or do mowing.

PGS - Yes in parks and green spaces.

ESTATE MANAGEMENT/GROUNDS MAINTENANCE - Some residents have complained from time to time

14) What steps (if any) is the Council intending to take to review existing policies and practice on herbicide use in light of its experience during the Covid-19 episode?
ENV OPS - Please see the attached response from our Lead Member for the Environment on the use of herbicides. This is not specifically in relation to Covid 19 as, at present, this has not had any impact on the work being undertaken.

PGS - None

ESTATE MANAGEMENT/GROUNDS MAINTENANCE - The council will continue to monitor the use of its chemicals and seek alternative uses

15) In particular, is the Council intending to consult the public (including vulnerable groups) on the future use of herbicides in light of Covid-19?
ENV OPS - At the moment the council is reviewing its weed control arrangements with regard to the use or reduction of a herbicide in the long term. Covid -19 has not, at present, led us to make any changes to the current arrangements. We will however keep the situation under review and be guided by our specialist contractor and our internal health and safety advisors.

Thank you for your interest in this information. If you have other questions please contact us directly at [email protected] or via telephone on 020-8356-2121.

PGS - The Council’s approach is set out in the attached document

ESTATE MANAGEMENT/GROUNDS MAINTANCE - Not in light of Covid 19

Appeals & Complaints Procedure

If you are dissatisfied with this response and wish to appeal, please reply to this email and this will be dealt with through our Internal Review procedure.

Your request should be submitted to us within 40 working days of receipt by you of this response. Any request received after this time will only be considered at the discretion of the Council.

If you are still not satisfied following the Internal Review, you have a right to appeal to the Information Commissioner"s:

https://ico.org.uk/global/contact-us/email/

Information Commissioner"s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

0303 123 1113

Yours sincerely

Information Management Team

ICT Services
London Borough of Hackney

Page updated: 13/04/2021 15:28:25