S-1169

AN ACT Relating to urban hazardous waste prevention; adding new sections to chapter 70.105 RCW; creating new sections; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds and declares that:

(1) The urban environment, especially residential areas and where children gather, is the most sensitive and requires the strongest protection from toxics and hazardous wastes;

(2) In the populated, urban areas, the use of pesticides must be properly managed to protect public health by preventing hazardous and toxic waste contamination.

NEW SECTION. Sec. 2. (1) When a pesticide is applied to public and private school grounds, day care centers, parks and playgrounds, and residential areas, the pesticide-treated area must be posted with warning signs provided by the applicator.

(2) 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 disposition of the signs after the posting period.

(3) The department shall adopt by rule the warning sign specifications to include, but not limited to:

(a) Size;

(b) Warning message content;

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply through this chapter.

(1) "Applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the Washington state department of agriculture to use or supervise the use of any pesticide which is classified by the environmental protection agency as a redistricted-use pesticide or by the state as restricted to use by certified applicators only.

(2) "Department" means the department of ecology.

(3) "Director" means the director of the department or a duly authorized representative.

(4) "Pesticide" means, but is not limited to, any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal, which is normally considered to be a pest.

(5) "Residential property" includes property less than one acre in size zoned as residential by the city, town, or county.

(6) "Dwelling" means a building or structure or portion of a building or structure that is occupied in whole or in part as the home, residence, or sleeping place for one or two families.

(7) "Multiple dwelling" means a dwelling occupied by or that is occupied as the residence or home of three or more families living independent of each other.

(8) "Multiple-dwelling unit" means that portion of a multiple dwelling occupied by one or more persons as the residence or home of such persons.

(9) "Premises" means land and improvements or appurtenances or any part of land and improvements or appurtenances.

NEW SECTION. Sec. 4. (1) Every applicator must, prior to the application of pesticide on or within a dwelling on residential property, supply the occupants with a written copy of the information, specifically for health warnings to humans and pets, contained on the label of the pesticide to be applied.

(2) Except as proved in subsection (3) of this section, every applicator must, prior to the application of pesticide within or on the premises of a multiple dwelling, building, or structure other than a dwelling in an area zoned as residential property, supply the owner or his or her agent with a written copy of the information, specifically for health warnings to humans and pets, contained on the label of the pesticide to be applied. Prior to an application of pesticide the owner or agent must inform the occupants or residents of the multiple dwelling, building, or structure of the impending application and must provide written information specifically for health warnings to humans and pets in English or appropriate language as determined by the department.

(3) In the case where an occupant of a multiple-dwelling unit retains an applicator to apply pesticides within the unit, the applicator must, prior to the application of a pesticide, supply any information, specifically for health warnings for humans and pets, contained on the label of the pesticides to the occupants.

NEW SECTION. Sec. 5. (1) Prior to a pesticide application on public or private school grounds, day care centers, parks or playgrounds, or residential property, the 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 application and quantity;

(d) Warnings that appear on the pesticide label pertinent to the protection of humans, animals, or the environment;

(e) The company name, address, telephone number, and the state 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.

NEW SECTION. Sec. 6. The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter. All authority and requirements provided for in chapters 34.05 and 42.30 RCW shall apply to this chapter in the adoption of rules including those requiring due notice and a hearing for adoption of permanent rules.

NEW SECTION. Sec. 7. State and local health departments and mosquito control districts when conducting mosquito control operations are exempt from the posting applications and notification provisions of this chapter.

NEW SECTION. Sec. 8. (1) The department shall establish pesticide use education and information programs for the public to include, but not be limited to, the following subjects:

(a) Hazardous waste impacts due to mismanagement of pesticides;

(b) Importance of following manufacturers' instructions for the product;

(d) Impacts on surface and ground water quality;

(e) Proper container storage or disposal after usage;

(f) A list of safeguards for commonly used pesticides offered for home and garden use.

(2) The department shall establish a home and garden pesticide product telephone hotline to respond to public inquiries.

(3) The department shall develop and produce informational materials, to include brochures, residential warning signs, and posters for distribution to retail outlets where home and garden pesticide products are sold.

NEW SECTION. Sec. 9. The department shall establish a home and garden pesticide product advisory board for the development of a public education program.

The advisory group shall include one representative each from: The pesticide manufacturing industry, certified applicators, the environmental community, the department of health, the superintendent of public instruction, and the department of agriculture.

The home and garden pesticide product advisory group shall report to the appropriate legislative committees by June 30, 1992, on the program needs and priorities.

NEW SECTION. Sec. 10. Sections 2 through 8 of this act are each added to chapter 70.105 RCW.

NEW SECTION. Sec. 11. The sum of forty-five thousand dollars, or as much thereof as may be necessary, is appropriated to the department of ecology for the biennium ending June 30, 1993, from the state toxics control account for the purposes of carrying out the provisions of this act.