BP BHEAD INT H [atlas:bill]

AN ACT Relating to the spraying of pesticides; amending RCW 17.21.410; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that herbicides and pesticides can present serious risks to public health and to the environment. The misapplication or overuse of these chemicals puts drinking water supplies at risk of contamination, and has resulted in unnecessary death of wildlife. The legislature recognizes that the limited use of these chemicals may still be necessary, but there is a need to increase the posting and notice requirements when they are sprayed in areas of high population density.

Sec. 2. RCW 17.21.410 and 1994 c 283 s 33 are each amended to read as follows:

(1) A certified applicator making a landscape application to:

(a) Residential property shall at the time of the application place a marker at the usual point of entry to the property. If the application is made to an isolated spot that is not a substantial portion of the property, the applicator shall only be required to place a marker at the application site. If the application is in a fenced or otherwise isolated backyard, no marker is required.

(b) Commercial properties such as apartments or shopping centers shall at the time of application place a marker in a conspicuous location at or near each site being treated.

(c) A golf course shall at the time of the application place a marker at the first tee and tenth tee or post the information in a conspicuous location such as on a central message board.

(d) A school, nursery school, or licensed day care shall at the time of the application place a marker at each primary point of entry to the school grounds.

(e) A park, cemetery, rest stop, or similar property as may be defined in rule shall at the time of the application place a marker at each primary point of entry.

(2) An individual making a landscape application to a school grounds, nursery school, or licensed day care, and not otherwise covered by subsection (1) of this section, shall be required to comply with the posting requirements in subsection (1)(d) of this section.

(3) The marker shall be a minimum of four inches by five inches. It shall have the words: "THIS LANDSCAPE HAS BEEN TREATED BY" as the headline and "FOR MORE INFORMATION PLEASE CALL" as the footer. Larger size requirements for markers may be established in rule for specific applications. The company name and service mark with the applicator's telephone number where information can be obtained shall be included between the headline and the footer on the marker. The letters and service marks shall be printed in colors contrasting to the background.

(4) The property owner or tenant shall remove the marker according to the schedule established in rule. A commercial applicator is not liable for the removal of markers by unauthorized persons or removal outside the designated removal time.

(5) A certified applicator who complies with this section cannot be held liable for personal property damage or bodily injury resulting from markers that are placed as required.

(6) After July 1, 2000, a certified applicator must meet the additional requirements for posting and notice contained in subsection (7) of this section, if:

(a) The certified applicator is making a landscape application or otherwise spraying pesticides, except for commercial pesticide applicators making structural applications; and

(b) The land application or spraying of the pesticides is within an urban growth area as defined by RCW 36.70A.110, or within any incorporated city or town located in a county not planning under chapter 36.70A RCW.

(7) Before pesticides are applied or sprayed in accordance with subsection (6) of this section, markers must be placed along the spray route at least seven days prior to when the spraying occurs, and the markers must remain for at least two days after the spraying occurs. The marker must indicate the notice of intent to spray, the spray route, and a telephone number for citizens in the area to contact for answers to their questions. The markers must be prominently displayed and easily readable from the road.