_______________________________________________

               ENGROSSED SUBSTITUTE SENATE BILL 5424

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Winsley, Fraser, Honeyford, Hochstatter, Hale, McCaslin, West and Haugen)

Read first time 02/15/1999.

Allowing the use of certain commercially approved herbicides for aquatic plant management. 

    AN ACT Relating to aquatic plant management; adding new sections to chapter 90.48 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that the environmental, recreational, and aesthetic values of many of the state's lakes are threatened by the invasion of noxious aquatic weeds.  Once established, these noxious aquatic weeds can colonize the shallow shorelines of lakes with dense surface vegetation mats that degrade water quality, pose a threat to swimmers, and restrict use of lakes.  Many commercially available herbicides have been demonstrated to be effective in controlling noxious aquatic weeds and do not pose a risk to the environment or public health.  The purpose of this act is to allow the use of commercially available herbicides that have been approved by the environmental protection agency and the department of agriculture and subject to rigorous evaluation by the department of ecology through an environmental impact statement for the aquatic plant management program.

NEW SECTION. Sec. 2.  A new section is added to chapter 90.48 RCW to read as follows:

    The department of ecology shall update the final supplemental environmental impact statement completed in 1992 for the aquatic plant management program to reflect new information on herbicides evaluated in 1992 and new, commercially available herbicides.  The department shall maintain the currency of the information on herbicides and evaluate new herbicides as they become commercially available.

NEW SECTION. Sec. 3.  A new section is added to chapter 90.48 RCW to read as follows:

    (1) 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 subsection (2) of this section.

    (2) Before applying 2,4-D, the government entity shall:  (a) 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) post notices of the intent to apply 2,4-D at all public access points; and (c) place informational buoys around the treatment area. 

    (3) 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) The department may prohibit the use of 2,4-D if the department finds the product contains dioxin.

    (5) 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) Government entities using this section shall consider development of long-term control strategies for eradication and control of the Eurasian water milfoil.

    (7) For the purpose of this section, "government entities" includes cities, counties, state agencies, tribes, special purpose districts, and county weed boards.

                            --- END ---