H-3135.1 _______________________________________________
HOUSE BILL 2531
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Representatives Eickmeyer, Haigh, Jackley, Rockefeller and Lantz
Read first time 01/21/2002. Referred to Committee on Agriculture & Ecology.
AN ACT Relating to Eurasian water milfoil; and amending RCW 90.48.448.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 90.48.448 and 1999 c 255 s 3 are each amended to read as follows:
(1)(a) Subject
to restrictions in this section, a government entity seeking to control a
limited infestation of Eurasian water milfoil may use the pesticide 2,4-D to
treat the milfoil infestation, without obtaining a permit under RCW 90.48.445,
if the milfoil infestation is either recently documented or remaining after the
application of other control measures, and is limited to twenty percent or less
of the littoral zone of the lake. Any pesticide application made under this
section must be made according to all label requirements for the product and
must meet the public notice requirements of (b) of this subsection (((2)
of this section)).
(((2))) (b)
Before applying 2,4-D, the government entity shall: (((a))) (i)
Provide at least twenty-one days' notice to the department of ecology, the
department of fish and wildlife, the department of agriculture, the department
of health, and all lake residents; (((b))) (ii) post notices of
the intent to apply 2,4-D at all public access points; and (((c))) (iii)
place informational buoys around the treatment area.
(((3))) (c)
The department of fish and wildlife may impose timing restrictions on the use
of 2,4-D to protect salmon and other fish and wildlife.
(((4))) (d)
The department may prohibit the use of 2,4-D if the department finds the
product contains dioxin in excess of the standard allowed by the United States
environmental protection agency. Sampling protocols and analysis used by the
department under this section must be consistent with those used by the United States
environmental protection agency for testing this product.
(((5))) (e)
Government entities using this section to apply 2,4-D may apply for funds from
the freshwater aquatic weeds account consistent with the freshwater aquatic
weeds management program as provided in RCW 43.21A.660.
(((6))) (f)
Government entities using this section shall consider development of long-term
control strategies for eradication and control of the Eurasian water milfoil.
(((7))) (g)
For the purpose of this section, "government entities" includes
cities, counties, state agencies, tribes, special purpose districts, and county
weed boards.
(2)(a) A public or private individual or entity who received a permit, license, or other form of permission issued by the department in the 2001 calendar year for the application of an aquatic herbicide to combat Eurasian water milfoil is allowed to conduct the same application in the 2002 calendar year without applying for or receiving additional permits, licenses, or permissions. An applicator of aquatic herbicides complying with this section may not be held in violation of any of the provisions found within this chapter for the 2002 calendar year.
(b) Permits or licenses issued under this chapter for the use of aquatic herbicides to combat Eurasian water milfoil in lakes, ponds, or other freshwater bodies may not carry with them a fee paid by the applicator of the herbicide or the applicant for the license or permit.
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