H-3148

AN ACT Relating to pesticide application notification; amending RCW 15.58.040; and adding new sections to chapter 17.21 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 17.21 RCW to read as follows:

(1) If a pesticide is applied to public and private school grounds, day care centers, public recreation areas, or residential property by a certified applicator, the pesticide-treated area shall be posted with warning signs provided by the applicator in accordance with the requirements of this section.

(2) When signs are required under this section, the certified applicator must post signs visible from all usual points of entry to the pesticide-treated area. If there are no usual points of entry or the areas is adjacent to an unfenced public right of way, signs must be posted (a) at each corner of the pesticide-treated area, and (b) at intervals not exceeding one hundred feet, or (c) at other locations approved by the department that provide maximum visibility.

(3) The signs must be posted during application and for at least the following forty-eight hours. The owner or occupant of the property is responsible for the disposition of the signs after the posting period.

(4) Signs must be legible for the duration of use. Signs shall contain a prominent symbol approved by the department by rule, and wording shall be in English and other appropriate languages as determined by the department. Signs shall meet the minimum specifications adopted by rule by the department, which shall include, at a minimum, the following requirements:

(a) Signs must be at least eighteen by twelve inches in size;

(b) Signs must include lettering covering at least seventy percent of the area of the sign containing the words "NOTICE!--Area sprayed" and information identifying the applicator, including address and telephone number where additional information can be obtained. In addition, at least one sign shall have attached an original-sized copy of the record kept under RCW 17.21.100.

NEW SECTION. Sec. 2. A new section is added to chapter 17.21 RCW to read as follows:

(1) Prior to a pesticide application on public or private school grounds, day care centers, public recreation areas, or residential property, the certified applicator must provide in writing, as part of the contract to the owner of the property or his or her agent, the following:

(a) The approximate date or dates of application;

(b) The number of applications and quantity;

(d) The company name, address, telephone number, and the state-certified applicator's license number.

(2) If the application date or dates specified become infeasible, the applicator must give the owner or his or her agent oral or written notice of the proposed alternative date or dates. The owner or his or her agent must approve the alternative date or dates before the pesticide is applied.

(3) Whenever a highly toxic pesticide is applied, the certified applicator shall provide written notice, at least twenty-four hours prior to spraying, to all occupants of properties abutting the sprayed property. The notice shall include the name of the pesticide or pesticides applied, the estimated time and date of application, the address of the application and a telephone number that can be used to acquire additional information.

Sec. 3. RCW 15.58.040 and 1991 c 264 s 2 are each amended to read as follows:

(1) The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter. All the authority and requirements provided for in chapter 34.05 RCW (Administrative Procedure Act) and chapter 42.30 RCW shall apply to this chapter in the adoption of rules including those requiring due notice and a hearing for the adoption of permanent rules.

(2) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:

(a) Declaring as a pest any form of plant or animal life or virus which is injurious to plants, people, animals (domestic or otherwise), land, articles, or substances;

(b) Determining that certain pesticides are highly toxic to people. For the purpose of this chapter, highly toxic pesticide means any pesticide that conforms to the criteria in 40 C.F.R. Sec. 162.10 for toxicity category I due to oral inhalation or dermal toxicity. The director shall publish a list annually of all pesticides, determined to be highly toxic, by their common or generic name and their trade or brand name if practical. Such list shall be ((~~kept current and shall, upon request, be made~~)) published and made readily available to appropriate state and local agencies and any interested party;

(d) The collection and examination of samples of pesticides or devices;

(e) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers;

(f) Restricting or prohibiting the use of certain types of containers or packages for specific pesticides. These restrictions may apply to type of construction, strength, and/or size to alleviate danger of spillage, breakage, misuse, or any other hazard to the public. The director shall be guided by federal regulations concerning pesticide containers;

(g) Procedures in making of pesticide recommendations;

(h) Adopting a list of restricted use pesticides for the state or for designated areas within the state if the director determines that such pesticides may require rules restricting or prohibiting their distribution or use. The director may include in the rule the time and conditions of distribution or use of such restricted use pesticides and may, if it is found necessary to carry out the purpose and provisions of this chapter, require that any or all restricted use pesticides shall be purchased, possessed, or used only under permit of the director and under the director's direct supervision in certain areas and/or under certain conditions or in certain quantities or concentrations. The director may require all persons issued such permits to maintain records as to the use of all the restricted use pesticides;

(i) Label requirements of all pesticides required to be registered under provisions of this chapter;

(j) Regulating the labeling of devices; ((~~and~~))

(k) The establishment of criteria governing the conduct of a structural pest control inspection; and

(l) Public notice, including warning signs and information materials, for public distribution at retail sales outlets where pesticides are sold for home and garden use.

(3) For the purpose of uniformity and to avoid confusion endangering the public health and welfare the director may adopt rules in conformity with the primary pesticide standards, particularly as to labeling, established by the United States environmental protection agency or any other federal agency.