H-424                _______________________________________________

                                                     HOUSE BILL NO. 69

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Unsoeld, Allen, Rust, Valle, Lux, Belcher, R. King, Locke and Brekke

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

AN ACT Relating to pesticide application; amending RCW 17.21.310 and 17.21.315; adding new sections to chapter 17.21 RCW; and prescribing penalties.

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

        Sec. 1.  Section 34, chapter 249, Laws of 1961 as amended by section 16, chapter 177, Laws of 1967 and RCW 17.21.310 are each amended to read as follows:

          Any person who shall violate any provisions or requirements of this chapter or rules adopted hereunder shall be deemed guilty of a gross misdemeanor and guilty of a ((gross misdemeanor)) class C felony under RCW 9A.20.021  for any second and subsequent offense:  PROVIDED, That any offense committed more than five years after a previous conviction shall be considered a first offense.

        Sec. 2.  Section 3, chapter 158, Laws of 1985 and RCW 17.21.315 are each amended to read as follows:

          Every person who fails to comply with this chapter or the rules adopted under it may be subjected to a civil penalty, as determined by the director, in an amount of not more than ((one)) two thousand five hundred dollars for every such violation.  Each and every such violation shall be a separate and distinct offense.  Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty herein provided.

NEW SECTION. Sec. 3.  A new section is added to chapter 17.21 RCW to read as follows:

          (1) Certified applicators shall give prior written notice to adjacent property owners in a residential area seventy-two hours before any application of a pesticide.  The notice shall contain information on the anticipated time, date, and place of the application and the anticipated pesticide to be used.

          (2) Within forty-eight hours after an application of a pesticide in a residential area, certified applicators shall give adjacent property owners written notification of the time, date, and place of the application and the pesticide used.

          (3) Failure to give the notice required under subsections (1) and (2) of this section is a violation of this chapter.

NEW SECTION. Sec. 4.  A new section is added to chapter 17.21 RCW to read as follows:

          The department shall establish and maintain a file containing information on any complaints made against any certified applicator and information on reports filed under RCW 17.21.190.  The department shall make this information available to the public.