WSR 09-24-095

PROPOSED RULES

NOXIOUS WEED

CONTROL BOARD

[ Filed December 1, 2009, 11:38 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-17-122.

Title of Rule and Other Identifying Information: Chapter 16-750 WAC, state noxious weed list and schedule of monetary penalties. The board is proposing to amend the state noxious weed list and state weed board meeting guidelines.

Hearing Location(s): Natural Resources Building, Room 175 A & B, 1111 Washington Street S.E., Olympia, WA 98504, on January 11, 2010, at 11:00 a.m.

Date of Intended Adoption: January 12, 2010.

Submit Written Comments to: Cindy Orr, WSNWCB, P.O. Box 42560, Olympia, WA 98504-2560, e-mail corr@agr.wa.gov, fax (360) 902-2094, by January 4, 2010.

Assistance for Persons with Disabilities: Contact Cindy Orr by January 4, 2010, TTY (800) 833-6388 or (360) 725-5764.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington state noxious weed list provides the basis for noxious weed control efforts for county and district weed control boards and other entities. It also provides guidelines for the state noxious weed control board.

This proposal amends chapter 16-750 WAC by:

(1) Amending the definition of control.

(2) Amending the schedule of monetary penalties.

Reasons Supporting Proposal: Duties of the Washington state noxious weed control board include adopting rules defining the words "control," "contain," "eradicate," and the term "prevent the spread of noxious weeds" and adopting a schedule of monetary penalties (WAC 16-750-105). Amending the definition of control incorporates plain talk as directed by Executive Order 05-03 and makes the definition easier to understand. Amending the schedule of monetary penalties limits monetary penalties to five days following the expiration of the notice of violation.

Statutory Authority for Adoption: Chapter 17.10 RCW.

Statute Being Implemented: Chapter 17.10 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent:

No small business economic impact statement has been prepared under chapter 19.85 RCW. An analysis determined that a small business economic impact statement was not necessary for these proposed amendments. See "Reasons Supporting Proposal" above. A copy of the analysis may be obtained by contacting Cindy Orr, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 725-5764, fax (360) 902-2094, e-mail corr@agr.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state noxious weed control board is not one of the agencies listed in this section.

December 1, 2009

Alison Halpern

Executive Secretary

OTS-2862.1


AMENDATORY SECTION(Amending WSR 99-24-029, filed 11/23/99, effective 1/3/00)

WAC 16-750-003   Definitions.   (1) The definitions in this section shall apply throughout this chapter, unless the context plainly requires otherwise:

(a) "Action" means the transaction of the official business of the Washington state noxious weed control board including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, and final actions.

(b) "Board" means the Washington state noxious weed control board, or a duly authorized representative.

(c) "Director" means the director of the department of agriculture, or the director's appointed representative.

(d) "Executive secretary" means the executive secretary of the Washington state noxious weed control board.

(e) "Department" means the department of agriculture of this state.

(f) "Final action" means a collective positive or negative decision, or an actual vote by a majority of board members when sitting as a body or entity, upon a motion, proposal, resolution, or order.

(g) "Meeting" means meetings at which action is taken.

(h) "Regular meetings" means recurring meetings held in accordance with a periodic schedule in compliance with applicable statute or rule.

(2) The definitions in this subsection apply throughout this chapter, chapter 17.10 RCW, and any rules adopted thereunder unless the context plainly requires otherwise:

(a) "Control" of noxious weeds means to prevent all seed production and to prevent the dispersal of ((the following propagules of aquatic noxious weeds - turions, fragments, tubers, and nutlets)) all propagative parts capable of forming new plants.

(b) "Contain" means to confine a noxious weed and its propagules to an identified area of infestation.

(c) "Eradicate" means to eliminate a noxious weed within an area of infestation.

(d) "Prevent the spread of noxious weeds" means to contain noxious weeds.

(e) Class A noxious weeds are those noxious weeds not native to the state that are of limited distribution or are unrecorded in the state and that pose a serious threat to the state.

(f) Class B noxious weeds are those noxious weeds not native to the state that are of limited distribution or are unrecorded in a region of the state and that pose a serious threat to that region.

(g) "Class B designate" means those Class B noxious weeds whose populations in a region or area are such that all seed production can be prevented within a calendar year.

(h) Class C are any other noxious weeds.

(3) Any county noxious weed control board may enhance the clarity of any definition contained in subsection (2) of this section, making that definition more specific, but shall not change its general meaning.

[Statutory Authority: Chapter 17.10 RCW. 99-24-029, 16-750-003, filed 11/23/99, effective 1/3/00; 97-06-108, 16-750-003, filed 3/5/97, effective 4/5/97; 93-01-004, 16-750-003, filed 12/2/92, effective 1/2/93; 91-24-072, 16-750-003, filed 12/2/91, effective 1/2/92; 91-01-016, 16-750-003, filed 12/7/90, effective 1/7/91; 90-01-004, 16-750-003, filed 12/7/89, effective 1/7/90; 88-18-001 (Order 24, Resolution No. 24), 16-750-003, filed 8/25/88.]


AMENDATORY SECTION(Amending WSR 99-24-029, filed 11/23/99, effective 1/3/00)

WAC 16-750-020   Noxious weeds -- Civil infractions -- Schedule of monetary penalties.   Civil infractions under chapter 17.10 RCW shall be assessed a monetary penalty according to the following schedule:

(1) Any owner knowing of the existence of any noxious weeds on the owner's land who fails to control the noxious weeds will be assessed the following monetary penalties. The penalties are assessed per parcel, per noxious weed species, per day up to five days, after expiration of the notice to control filed pursuant to RCW 17.10.170:


(a) Any Class A noxious weed:


1st offense within five years $ 750
2nd and any subsequent offense 1,000

(b) Any Class B designate noxious weed in the noxious weed control region in which the land lies:


1st offense within five years $ 500
2nd offense 750
3rd and any subsequent offense 1,000

(c) Any Class B nondesignate noxious weed in the noxious weed control region in which the land lies; or any Class C noxious weed:


1st offense within five years $ 250
2nd offense 500
3rd offense 750
4th and any subsequent offense 1,000

(2) Any person who enters upon any land in violation of an order in force pursuant to RCW 17.10.210 will be assessed as follows:


1st offense within five years $ 500
2nd offense 750
3rd and any subsequent offense 1,000

(3) Any person who interferes with the carrying out of the provisions of chapter 17.10 RCW shall be assessed as follows:


1st offense within five years $ 500
2nd offense 750
3rd and any subsequent offense 1,000

[Statutory Authority: Chapter 17.10 RCW. 99-24-029, 16-750-020, filed 11/23/99, effective 1/3/00; 97-06-108, 16-750-020, filed 3/5/97, effective 4/5/97; 93-01-004, 16-750-020, filed 12/2/92, effective 1/2/93.]

Washington State Code Reviser's Office