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.
