H-427                _______________________________________________

                                                     HOUSE BILL NO. 72

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Unsoeld and Belcher

Read first time 1/15/87 and referred to Committee on Environmental Affairs.

AN ACT Relating to the application of pesticides; and amending RCW 17.21.305 and 17.21.320.

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

        Sec. 1.  Section 19, chapter 177, Laws of 1967 as amended by section 12, chapter 203, Laws of 1986 and RCW 17.21.305 are each amended to read as follows:

          The provisions of this chapter requiring all ((structural pest control operators, exterminators and fumigators to license with)) certified applicators to be licensed by the department shall not preclude a city ((of the first class with a population of one hundred thousand people or more,)) or ((the)) county ((in which it is situated,)) from also licensing ((structural pest control operators, exterminators and fumigators)) certified applicators operating within the territorial confines of ((said)) the city or county:  PROVIDED, That when ((structural pest control operators, exterminators and fumigators)) certified applicators are licensed by both the city ((of the first class)) and the county in which the city is situated, and there exists a joint county-city health department, then the joint county-city health department may enforce the provisions of the city and county as to the license requirements for the ((structural pest control operators, exterminators and fumigators)) certified applicators.

        Sec. 2.  Section 10, chapter 191, Laws of 1971 ex. sess. and RCW 17.21.320 are each amended to read as follows:

          (1) For purpose of carrying out the provisions of this chapter the director, or a representative from a city, county, or joint county-city health department which licenses certified applicators under RCW 17.21.305, may enter upon any public or private premises at reasonable times, in order:

          (a) To have access for the purpose of inspecting any equipment subject to this chapter and such premises on which such equipment is kept or stored;

          (b) To inspect lands actually or reported to be exposed to pesticides;

          (c) To inspect storage or disposal areas;

          (d) To inspect or investigate complaints of injury to humans or land; or

          (e) To sample pesticides being applied or to be applied.

          (2) Should the director, or a representative from a city, county, or joint county-city health department which licenses certified applicators under RCW 17.21.305, be denied access to any land where such access was sought for the purposes set forth in this chapter, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes.  The court may upon such application, issue the search warrant for the purposes requested.

          (3) It shall be the duty of each prosecuting attorney to whom any violation of this chapter is reported, to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.  In cases seeking a civil penalty for chemical drift, there is a rebuttable presumption of a violation of this chapter with presumed damage to the property contaminated.

          (4) The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule made pursuant to this chapter in the superior court of the county in which such violation occurs or is about to occur.