AN
ACT Relating to water pollution control; amending RCW 90.48.445; and declaring
an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
90.48.445 and 1995 c 255 s 3 are each amended to read as follows:
(1)
The director shall issue or approve water quality permits for use by federal,
state, or local governmental agencies and licensed applicators for the purpose
of using, for aquatic noxious weed control, herbicides and surfactants
registered under state or federal pesticide control laws, and for the
purpose of experimental use of herbicides on aquatic sites, as defined in 40
C.F.R. Sec. 172.3. The issuance of the permits shall be subject only to
compliance with: Federal and state pesticide label requirements, the
requirements of the federal insecticide, fungicide, and rodenticide act, the
Washington pesticide control act, the Washington pesticide application act, and
the state environmental policy act((; and)), except that:
(a)
When the director issues water quality permits for the purpose of using
glyphosate and surfactants registered by the department of agriculture to
control spartina, as defined by RCW 17.26.020, the water quality permits shall
contain the following criteria:
(i)
Spartina treatment shall occur between June 1st and October 31st of each year
unless the department, the department of agriculture, and the department of
fish and wildlife agree to add additional dates beyond this period, except that
no aerial application shall be allowed on July 4th or Labor Day and for ground
application on those days the applicator shall post signs at each corner of the
treatment area;
(ii)
The applicator shall take all reasonable precautions to prevent the spraying of
nontarget vegetation and nonvegetated areas;
(iii)
A period of fourteen days between treatments is required prior to re-treating
the previously treated areas;
(iv)
Aerial or ground broadcast application shall not be made when the wind speed
exceeds ten miles per hour; and
(v)
An application shall not be made when a tidal regime leaves the plants dry for
less than four hours.
(b)
The director shall issue water quality permits for the purpose of using
herbicides or surfactants registered by the department of agriculture to
control aquatic noxious weeds, other than spartina, and the permit shall state
that aerial and ground broadcast applications may not be made when the wind
speed exceeds ten miles per hour.
(c)
The director shall issue water quality permits for the experimental use of
herbicides on aquatic sites, as defined in 40 C.F.R. Sec. 172.3, when the
department of agriculture has issued an experimental use permit, under the
authority of RCW 15.58.405(3). Because of the small geographic areas involved
and the short duration of herbicide application, water quality permits issued
under this subsection are not subject to state environmental policy act review.
(2)
Applicable requirements established in an option or options recommended for
controlling the noxious weed by a final environmental impact statement
published under chapter 43.21C RCW by the department prior to May 5, 1995, by
the department of agriculture, or by the department of agriculture jointly with
other state agencies shall be considered guidelines for the purpose of
granting the permits issued under this chapter. This section may not be
construed as requiring the preparation of a new environmental impact statement
to replace a final environmental impact statement published before May 5, 1995,
but instead shall authorize the department of agriculture, as lead agency for
the control of spartina under RCW 17.26.015, to supplement, amend, or issue
addenda to the final environmental impact statement published before May 5,
1995, which may assess the environmental impact of the application of stronger
concentrations of active ingredients, altered application patterns, or other
changes as the department of agriculture deems appropriate.
(((2)))
(3) The director of ecology may not utilize this permit authority to
otherwise condition or burden weed control efforts. Except for permits
issued by the director under subsection (1)(c) of this section, permits issued
under this section are effective for five years, unless a shorter duration is
requested by the applicant. The director's authority to issue water
quality modification permits for activities other than the application of
surfactants and approved herbicides, to control aquatic noxious weeds or the
experimental use of herbicides used on aquatic sites, as defined in 40 C.F.R.
Sec. 172.3, is unaffected by this section.
(((3)))
(4) As used in this section, "aquatic noxious weed" means an
aquatic weed on the state noxious weed list adopted under RCW 17.10.080.
NEW SECTION. Sec. 2. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
