HomeMy WebLinkAboutord2012-031clean WHATCOM COUNTY COUNCIL AGENDA BILL Na AB2012- 244
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: /
JeffGollen -26 2 Q p // 7 / 10 / 12 Introduction ;
Division Head: L E �Uf
JoeRutan 7 / 24 / 12 Council _
Dept. Head: f /
Frank M. Abart `� %t (/ thalbt JUL 0 2 2012
Prosecutor:
Daniel L. Gibson _ ObIg I 12-- COUNTY
Purchasing/Budget: COUNCIL
Brad Bennett
Executive: 7 / b Z
Jack Louws
TITLE OF DO A ' : Ordinance amending WCC 12. 48, Roadside Vegetation Management Program
ATTACHMENTS:
1. Memorandum
2. Ordinance
3. 2011/2012 Integrated Roadside Vegetation Management Plan
SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( X ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
This proposed ordinance would amend Whatcom County Code 12.48, Roadside Vegetation
Management Program relating to the annual review of the Integrated Roadside Vegetation Program.
COMMITTEE ACTION: COUNCIL ACTION:
7 / 10 / 2012 : Introduced
7 / 24 / 2012 : Council Adopted 4-2 - 1 , Brenner ,
Knutzen opposed and Mann out of the room
Ord . 2012-031
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Ord . 2012-031
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County 's website at: www. co. whatcom. wa. us/council.
PROPOSED BY : Public Works
SPONSORED BY : Public Works
INTRODUCTION DATE : 7 / 10 / 2012
ORDINANCE NO , 2012-031
AMENDING WHATCOM COUNTY CODE CHAPTER 12 . 48
ROADSIDE VEGETATION MANAGEMENT PROGRAM
WHEREAS, Chapter 12 . 48 of the Whatcom County Code addresses guidelines for the
Roadside Vegetation Management Program ; and
WHEREAS, Ordinance 94- 044 provided for an annual review and update of an
integrated Roadside Vegetation Management Program to minimize the use of pesticides
and/or prohibit the use of herbicides in certain areas of the County ; and
WHEREAS, this amendment would remove the requirement of an automatic annual
review of the Roadside Vegetation Management Plan as previously requested by the
Whatcom County Council , Public Works Committee ; and
WHEREAS, it is the policy of Whatcom County to limit usage of pesticides and to
include only herbicides in vegetation management ; and
WHEREAS, the goal of this program should include , along with other goals related to
road safety and vegetation control , the goal of minimizing the use of herbicides ; and
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom `cquntM %de 12 . 48 is hereby amended as outlined in Exhibit A to this ordinance ;
and st\\ C o '
i $ . ***ititc• O day of July , 2012 .COUNTY r
O � • a.),„, * E _ WHATCOM COUNTY COUNCIL
mints • = WHATCOM COUNTY, WASHINGTON
`_ � ►
/6--e■C-1/Th Z/C
Dar%�Brovai ; � `. `° o$ pClerls;nfthe Council Kathy Kershner, Council Chair
ltlf* tt - \\`\\\
WHATCOM COUNTY EXECUTIVE
APPROVED ASTO FORM : WHATC • • • • UNT WASHINGTON
$ 6otQAJ hx214,-;
Civil Deputy Prosecutor Jack Louw . , Co ty E ecutive
( X) Approved ( ) Denied
Date Signed : 7 /2dit
Page 1
EXHIBIT "A"
Chapter 12.48
ROADSIDE VEGETATION MANAGEMENT PROGRAM
Sections :
12.48.010 Minimization of herbicide use — Goals and timetables .
12 .48.020 Use of certain herbicides approved — Conditions .
12 .48 .030 Long-range integrated vegetation management plan .
12 .48 .040 Additional conditions .
12 .48 .050 Violation — Penalty.
12.48.010 Minimization of herbicide use — Goals and timetables.
Whatcom County shall minimize the use of herbicides for vegetation control along maintained road rights-
of-way, and shall set specific goals and timetables for minimizing the use of herbicides . (Ord . 94-044).
12.48.020 Use of certain herbicides approved — Conditions.
The Whatcom County council approves the use of certain herbicides to be utilized in the Public Works
annual integrated roadside vegetation management program in accordance with Chapter 17 .21 RCW
under the following conditions :
A. The only herbicides authorized for use by an applicator shall be those currently registered by the
Environmental Protection Agency and the Washington State Department of Agriculture.
B . All herbicides shall be applied in accordance with the standards set forth by the State Department of
Agriculture and chemical labels .
C . Anyone responsible for and applying the herbicides shall be licensed by the Washington State
Department of Agriculture. Further, the Public Works Department, Maintenance and Operations Division ,
shall engage in an ongoing program to upgrade the expertise of its personnel in integrated vegetation
management alternatives and in the selection and safe application of herbicides . The Public Works
Department, in consultation with the county industrial safety officer, shall develop a program to protect the
safety of employees and others who work or come in contact with the county's herbicides , and shall
develop a written procedures manual covering the selection , storage, transportation , application and
disposal of herbicides used by the program .
D. (Applies to all persons applying herbicides on maintained county road rights-of-way. ) At least one
week prior to actual chemical treatment, the Public Works , Roads Division of Maintenance and
Operations shall give due notification through the news media (radio, local newspapers), and post notices
at various public places , including, but not limited to post offices , stores , grange halls, fire stations , etc.
The notices shall contain the areas, the names of the herbicides to be utilized , the approximate number of
miles to be treated , and the person and telephone number to contact for further information or to register
protests . The notices shall also provide information on the right to enter into "owner will maintain"
Page 2
agreements . Non-County applicators shall notify Public Works , Roads Division of Maintenance and
Operations of Whatcom County at least two weeks prior to application of herbicides .
E . (Applies to county only. ) In addition, signs shall be conspicuously posted in the area(s) to be sprayed
or chemically treated at least one week prior to actual treatment. Signs shall include information regarding
the anticipated date of chemical treatment, the herbicide(s) to be used, and the roads to be treated .
Following the use of herbicides, the notices along the maintained roadways shall be changed or altered
with a sign stating that chemical treatment has occurred, naming the chemical used . A faithful record of
comments and protests received shall be made, preserved and made available to the public.
F . The integrated vegetation management plan will be reviewed annually by the County Engineer or as
requested by the County Executive or a majority of the County Council . Any significant changes to the
plan as deemed necessary by the County Engineer shall be reviewed and approved by the Whatcom
County Council .
12.48.030 Long-range integrated vegetation management plan .
The County Engineer shall prepare, update and adhere to a long-range integrated vegetation
management plan. An " integrated roadside vegetation management plan" is one that advances the
commitment to implement a variety of vegetation control measures, such as biological , mechanical ,
manual and chemical . It seeks to minimize chemical solutions when possible based upon the level of
vegetation infestation , its economic impacts, and an assessment by the roadside/vegetation crew leader
of the economic and ecologic consequences of each type of control . The plan shall assess the results of
the previous year and identify additional sensitive geographical areas within the county where spraying
shall not take place . Such areas presently include :
A. Lake Whatcom Watershed ;
B . Lummi Island ;
C . North Fork Road ;
D . Cornell Creek Road ;
E . All areas within the jurisdiction of the Whatcom County shorelines management program ;
F . All areas that may be exempted from chemical treatment by the County Council now or in the future .
Identification of areas as being sensitive may be initiated by petition of at least 51 percent of property
owners in the area ; or 60 percent of the citizens of the area . Exemptions may be granted by the executive
in writing within 30 days of request or de facto exemption shall apply and shall be limited to the hand
treatment of fresh cut stumps and hand treatment of noxious weeds as defined by the noxious weed
board . The criteria for reviewing such petitions shall include such factors as the presence of groundwater,
relatively high use by pedestrians or children , and any other criteria the executive or designee deems
appropriate . Treatment shall be allowed under new asphalt. Hand treatment within the listed sensitive
Page 3
geographical areas shall be limited to application by licensed applicators and persons registered with the
Public Works, Road Division of Maintenance and Operations of Whatcom County on an annual basis to
apply herbicides in the sensitive areas. Whatcom County shall prepare maps showing areas exempted
above for distribution to applicators .
Application as required for cut stumps shall be coordinated by anyone performing vegetation
management in identified sensitive areas with the roadside/vegetation crew leader. The county shall limit
the amount of material allowed in each sensitive area to a maximum of three gallons of material suitably
mixed per crew and ready for application by a licensed applicator. Material shall be transported in an
approved container and shall be protected from spillage by an outer liner or containment vessel . (Ord . 94-
044).
12.48.040 Additional conditions.
The following conditions shall be adhered to by the department:
A. The use of herbicides by all persons, whether public or private entities or individuals, is hereby
prohibited on all county owned and maintained road rights-of-way subject to use as permitted by
Whatcom County franchise agreement within designated sensitive geographical areas.
B . All property owners who do not wish herbicides to be used in front of their property shall sign an
"owner will maintain" agreement. The roadside/vegetation crew leader shall be responsible for monitoring
for compliance.
C . Ditches will be cleaned by nonchemical means except where vegetation only is causing a blockage or
if additional excavation would result in the unnecessary lowering of culverts . These areas may be treated
with an aquatic registered herbicide only where other means are impractical and uneconomical .
D . Backslopes and frontslopes will be treated by nonchemical means and maintained so as to retain
grasses and other vegetation to prevent erosion , using herbicides for such maintenance only when other
means are impractical and/or uneconomical .
E. No public or private entity or individual shall commence any chemical treatment on any maintained
county right-of-way without the prior written consent of the director of the Public Works Department. A
plan showing areas to be chemically treated shall accompany any request for approval .
F . Ongoing testing sites will be established to evaluate various integrated vegetation management
techniques .
G . Ordinance 94-044 is hereby repealed and all other resolutions , or policies are superseded to the
extent that they are in conflict with this chapter. (Ord . 94-044) .
12 .48.050 Violation — Penalty.
Penalties and court enforcement shall be applied as follows :
Page 4
A. Any person, firm or corporation who fails to comply with any of the conditions herein , shall be guilty of
a civil offense and shall be fined a sum not to exceed $ 1 ,000.
B . The penalty provided in the above section shall be imposed by a written notice delivered , either by
certified mail with return receipt requested or by personal service, to the person, firm or corporation
involved in the activity. Said notice shall originate at the Whatcom County Public Works Department. The
notice shall include the amount of the penalty imposed and shall describe the violation with reasonable
particularity. It shall also order the act or acts constituting the violation or violations to cease and desist or,
in appropriate cases, require necessary corrective action to be taken within a specific and reasonable
time.
C . After the notice is postmarked, the recipient has 30 days to either pay the amount designated or to
make written application to the Public Works Department, for remission or mitigation of such penalty.
Upon receipt of the application , said department shall review the penalty and make a written decision of
that review. The Public Works Department's decision shall be reviewed by the County Council if the
aggrieved party files a written appeal with the clerk of the County Council within 10 days of its issuance .
The decision of the County Council regarding the penalty imposed shall be final . In calculating the time
limits mentioned in this chapter, begin calculating the time the day after the decision is issued and include
the last day. If the last day falls on a Saturday, Sunday or a legal holiday, then the time limit is extended
to the next regular business day.
D. The prosecuting attorney may in his discretion , bring such injunctive, declaratory or other actions as
deemed necessary to ensure that violations of this chapter are prevented or cease, and to otherwise
enforce the provisions of this chapter.
E . In the event any person, firm or corporation violates any of the provisions of this chapter, the Public
Works Department shall cause a notice of violation to be delivered to a person of suitable age at the site
or place of business and order all work to cease until authorized to proceed . Failure to comply with the
order to stop work shall be a gross misdemeanor punishable upon conviction by a minimum fine of
$500 .00 up to a maximum fine of $ 1 ,000 or one year in jail , or both . Under no circumstance may the court
defer or suspend any portion of the minimum $500 .00 fine for any conviction under this section . Each day
or part thereof of noncompliance with said order to stop work shall constitute a separate offense . (Ord .
94-044).
12 .48.060 Severability.
If any sentence, clause, phrase, or portion of this code or ordinance adopted herein is for any
reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction ,
such decision shall not affect the validity of the remaining portions of this ordinance.
Page 5