Radnor loses bid to halt mosquito spraying

A state judge denied a last-minute request yesterday to stop the spraying of insecticide in Radnor, just hours before low-flying planes were scheduled 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.

Although state and county mosquito programs have been spraying parts of Southeastern Pennsylvania from trucks and ATVs since early June, this week's action was the first from planes over residential areas in this region.

About 55,000 acres in the four counties were scheduled to be sprayed last night. The cost for the two-night aerial operation was $304,000.

The DEP reported "encouraging results" from Tuesday night's spraying of 52,000 acres in Delaware and Montgomery Counties. Two planes flying at about 300 feet had dispensed a fine mist of the chemical resmethrin, known by the trade name Scourge.

"Initial indications from our mosquito traps in Montgomery County suggest that the spray was highly effective," Joseph A. Feola, the DEP's southeast regional director, said in a statement.

Meanwhile, hundreds of calls poured in to DEP offices, and many residents said they were irate at the action, the lack of notice or both.

Many also said the state had given conflicting information. They were told the spraying would be safe but were advised to remain indoors, turn off air-conditioning, cover sandboxes and wash vegetables and toys left outside.

The health department's Huff said agencies had "erred on the side of caution." The intent, he said, was that "if people are concerned and want to take additional steps, we've listed those steps."

He added that "the risk of virus from these mosquitoes is greater than any risk from this very low level of pesticide," which officials said was applied at half the recommended strength.

James McMenamin of Norristown said yesterday he hadn't known about the spraying in advance and was outside with his wife when a plane appeared overhead Tuesday night.

At first they were worried something was wrong with the plane because it was flying so low, he said. Then they felt a mist on their faces.

Yesterday, McMenamin's wife was washing all their dishes, just in case any spray had come through their open windows.

"We're outraged," he said.