AN
ACT Relating to aquatic plant management; adding new sections to chapter 90.48
RCW; creating new sections; and declaring an emergency.
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 nuisance and noxious aquatic
weeds. Once established, these nuisance and noxious aquatic weeds can colonize
the shallow shorelines and other areas of lakes with dense surface vegetation
mats that degrade water quality, pose a threat to swimmers, and restrict use of
lakes. Algae can generate health and safety conditions dangerous to fish,
wildlife, and humans. The current environmental impact statement is causing
difficulty in responding to environmentally damaging weed and algae problems.
Many commercially available herbicides have been demonstrated to be effective
in controlling nuisance and noxious aquatic weeds and algae 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:
(1)
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.
(2)
For the 1999 treatment season, the department shall permit by May 15, 1999,
municipal experimental application of herbicides such as hydrothol 191 for
algae control in lakes managed under chapter 90.24 RCW. If experimental use is
determined to be ineffective, then the department shall within fourteen days
consult with other state, federal, and local agencies and interested parties,
and may permit the use of copper sulfate. The Washington institute for public
policy shall contract for a study on the lake-wide effectiveness of any
herbicide used under this subsection. Prior to issuing the contract for the study,
the institute for public policy shall determine the parameters of the study in
consultation with licensed applicators who have recent experience treating the
lake and with the nonprofit corporation that participated in centennial clean
water fund phase one lake management studies for the lake. The parameters must
include measurement of the lake-wide effectiveness of the application of the
herbicide in maintaining beneficial uses of the lake, including any uses
designated under state or federal water quality standards. The effectiveness
of the application shall be determined by objective criteria such as turbidity
of the water, the effectiveness in killing algae, any harm to fish or wildlife,
any risk to human health, or other criteria developed by the institute. The
results of the study shall be reported to the appropriate legislative
committees by December 1, 1999. A general fund appropriation in the amount of
$35,000 is provided to the Washington institute for public policy for fiscal
year 1999 for the study required under this subsection.
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 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)
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.
NEW
SECTION. Sec. 4. If
specific funding for the purposes of this act, referencing this act by bill or
chapter number, is not provided by June 30, 1999, in the omnibus appropriations
act, this act is null and void.
NEW
SECTION. Sec. 5. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
