Radnor Was Right, PA DEP and Delco Judge Were WRONG

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How many of you out there were pissed off that the PA DEP didn't think enough about us as residents to give us more notice as to aerial mosquito spraying from low flying planes? Is it or is it not true that most of us have no problem with anyone zapping this summer's voracious 'skeeters, only we should have been given more notice?

We have seen e-mails from commissioners in multiple municipalities other than Lower Merion send out e-mails saying how sorry they were they could not give their constituents more notice. It's not their fault, they tried. In Lower Merion, the first one out with news was Commissioner Lance Rogers. We're not sure other that he and Brenda Viola who sent notification out.

All we know is this website had this spraying event posted before most media knew it was happening, and that was kinda cool: the positive power of grassroots and all.

Radnor Township challenged the DEP in Delaware County Court over their lack of notice as being punitive towards unsuspecting residents. Radnor is absolutely absurd when it comes to lots of things like "sunshine" and development, but on this topic, they were spot on and should be congratulated for their efforts. Radnor's efforts were tossed by a judge, but in this case, they get an "A" for effort because they got this one RIGHT. The PA DEP is supposed to work in the best interest of the citizens of this Commonwealth, right?

Posted on Thu, Aug. 28, 2008
Radnor loses bid to halt mosquito spraying
By Sandy Bauers
Inquirer Staff Writer

A state judge denied a last-minute request yesterday to stop the spraying of insecticide in Radnor, just hours before low-flying planes took off from Wings Field in Whitpain Township to mist tens of thousands of acres in Southeastern Pennsylvania.
The spraying, announced by the state late Monday and begun on Tuesday, is intended to prevent the spread of West Nile virus detected in a record number of mosquito samples in Bucks, Delaware, Montgomery and Philadelphia Counties.

But Radnor residents who questioned state assurances that the pesticide would not harm humans, plants or wildlife prompted the township to seek an injunction. Township government and the school district canceled outdoor activities last night after the request was turned down.

Radnor contended that the state Departments of Health and Environmental Protection had not provided "sufficient advance notice" and that residents "stand to suffer serious and immediate harm."

It said the spray could cause short-term effects, including eye, skin, nose or throat irritation or breathing problems, "which could cause panic to an individual if he or she were unaware of the possible cause due to a lack of knowledge of the spraying."

Based on the number of phone calls already coming in to township offices, the complaint also noted there was potential for "overuse" of the emergency 911 system because of fears "exacerbated by the sounds of low-flying aircraft and the presence of a mist of unknown origin."

Commonwealth Court Senior Judge Keith B. Quigley issued a one-line ruling, without comment, about 4 p.m.

Michael Huff, deputy health secretary, said he was "very pleased."

Huff said there was "a direct correlation between the infection rate of mosquitoes and human illness."

West Nile has been on the decline since 2003, when nine people died of the disease in Pennsylvania. But state officials have been alarmed at how many mosquito samples have tested positive.

Human cases generally do not develop until late summer or fall. With one case already reported in Montgomery County - a woman who has since recovered - Huff said that "being able to spray is a very positive step to protect Pennsvylania citizens."

Radnor Township solicitor David G. Blake said he was "disappointed" but felt the court had been "sympathetic to our position that there was a gross lack of notice."

Township Manager David Bashore said outdoor activities had been canceled "as a precautionary measure" and there was "little consolation" that state officials had apologized for the short notice.

One positive outcome, he said, was that the township had set up an automated emergency telephone notification system in response to residents' concerns. By early evening, messages about the spraying were going out to 30,000 phones.