PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Amendments/modification of the rules relating to the pesticide penalty matrix are necessary at this time to compensate for the effects of chapter 43.05 RCW, Technical assistance programs. Possible changes to the penalty matrix may include the deletion of the first level of violation, leaving four instead of five levels, movement of license revocation to the second level of violation, a clear separation to allow a license suspension and or a civil fine and specific language to more clearly address violations relating to wood destroying organism inspections. Changes are also necessary to add more clarity in relation to how penalties are calculated.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 17.21, 15.58, and 34.05 RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The penalty matrix rule was originally established and intended to provide an effective deterrent in relationship to the nature and magnitude of the violation. With the advent of chapter 43.05 RCW, Technical assistance programs, violators are generally provided an opportunity to come into compliance before a civil penalty can be issued. Since chapter 43.05 RCW provides first time violators an opportunity to correct the violation(s), without imposition of a civil penalty except in certain situations, the penalty matrix rule needs to be amended. The rule should be amended to compensate for the effects of chapter 43.05 RCW while still providing an effective, and fair deterrent that is not arbitrary nor capricious in nature.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Environmental Protection Agency (EPA) regulates the use of pesticides primarily through the pesticide label. EPA has delegated WSDA pesticide management as the state lead agency for the enforcement of pesticides in Washington state. EPA will be appraised during the entire rule-making process and be offered an opportunity to provide comments. No other state agencies are involved.
Process for Developing New Rule: At the end of this comment period for his CR-101, an ad hoc committee from the Pesticide Advisory Board and other industry representatives will be formed. The committee will review the comments received from all parties and advise the department concerning potential changes to the penalty matrix.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The Pesticide Management Division is seeking written comments concerning this proposal. The comment period will be for thirty days, ending on July 8, 1999. Also please indicate in writing if you want continued information concerning the activities of the committee.
You may comment by writing to Washington State Department of Agriculture, Pesticide Management Division, P.O. Box 42589, Olympia, WA 98502-2589, or fax (360) 902-2093, or e-mail cweed@agr.wa.gov.
May 17, 1999
Bob Arrington
Assistant Director