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HomeMy WebLinkAboutord1994-044WHATCOM COUNTY COUNCIL AGENDA BILL NO. 94 -293A CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: iginator: Jeff Monsen & `� L— U h 1I �'! h U X41 221994 3! WHATCOM COUNTY COUNCIL 6/28/94 Council Introduction Division Head: 7/12/94 Public Services /Council Dept, Head: �yp 87204 Council Hearing Prosecutor: G PurchasingBudget: Executive: , SUBJECT.• r An Ordinance Providing for an Annual Integrated Roadside Vegetation Management Program ATTACHMENTS: Ordinance SUMMARY STATEMENT: Please complete sections of box as appropriate & explain the item below. Related County contract #: N/A Should Clerk schedule a hearing? NO /_/ YES / X / Requested date: Amount budgeted for this item/project: Is it (or will it be) within budget? YES / / NO / / (Please explain below) 'Budget line item number(s): This ordinance providing for the annual vegetation management program is amended to update some of the language and tie the review process to the budget process. 1 3 ORIGINATOR'S RECOMMENDED ACTION: N AUG 0 Pass ordinance. ,^ 1% i .... COMMITTEE ACTION TAKEN: 0� 6 $ COUNCIL ACTION TAKEN• 6/28/94: Council introduction 7/12/94: No Action 8/2/94: Council adopted the ordinance. 7 -0 MIC Related File Numbers: Ordinance or Resolution Number (this item only): 94 -044 SPONSORED BY: Consent PROPOSED BY: Transportation Services - M & O 3 INTRODUCTION DATE: 6/28/94 4 ORDINANCE NO. 94 -044 5 AN ORDINANCE PROVIDING FOR AN ANNUAL INTEGRATED ROADSIDE 6 VEGETATION MANAGEMENT PROGRAM, WHICH MINIMIZES THE USE OF 7 PESTICIDES AND MINIMIZES OR PROHIBITS THE USE OF HERBICIDES IN 8 . CERTAIN AREAS OF THE COUNTY . 9 WHEREAS; a pesticide includes a wide assortment of chemicals with specialized 10 names and functions: 11 15 WHEREAS, it is the policy of Whatcom County in limiting usage of pesticides to 17 include ' only herbicides; and 18 WHEREAS, the Whatcom County Council has held public hearings on the use of 19 pesticides as a part of their annual integrated roadside vegetation management program; and 20 WHEREAS, it is the policy of Whatcom County in limiting usage of pesticides to 21 include only herbicides in vegetation management. The goals of this program should include, 22 along with its other goals related to road safety and ve etg ation weed control, the goal of 23 minimizing the use of herbicides. 24 25 NOW, THEREFORE, BE IT ORDAINED Whatcom County shall minimize the use of 26 herbicides for vegetation control along maintained road rights -of -way, and shall set specific 27 goals and timetables for minimizing the use of herbicides. 1 BE IT FURTHER ORDAINED that the Whatcom County Council approves the use of certain herbicides to be utilized in the Publie Wed Transportation Services annual integrated 3 roadside vegetation management program in accordance with Chapter 17.21 RCW under the 4 following conditions: 5 A. The only herbicides authorized for use by an applicator shall be those currently 6 registered by the Environmental Protection Agency and the.Washington State 7 Department of Agriculture. 8 B. All herbicides shall be applied in accordance with the standards set forth by the 9 State Department of Agriculture and chemical labels. 10 C. Anyone responsible for and applying the herbicides shall be licensed by the 11 Washington State Department of Agriculture. Further, the Publie Wed 12 Transportation Services Department, Maintenance & Operations Division, shall 11 engage in an on -going program to upgrade the expertise of its personnel in 14 integrated vegetation management alternatives and in the selection and safe 15 application of herbicides. The Publie -Wed Transportation Services 16 Department, in consultation with the County Industrial Safety officer, shall 17 develop a program to protect the safety of employees and others who work or 18 come in contact with the County's herbicides, and shall develop a written 19 procedures manual covering the selection, storage, transportation, application 20 and disposal of herbicides used by the program. 21 D. (Applies to all persons applying herbicides on maintained County road right -of- 22 ways). At least one week prior to actual chemical treatment, Ptiblie Wed 23 Transportation Services Department Roads Division of Maintenance & 24 Operations shall give due notification through the news media: radio, local 25 newspapers, and post notices at various public places, including, but not limited 26 to post offices, stores, grange halls, fire stations, etc. The notices shall contain 2 1 the areas, the names of the herbicides to be utilized, the approximate number of 2 miles to be treated, and the person and telephone number to contact for further 3 information or to register protests. The notices shall also provide information 4 on the right to enter into "Owner Will Maintain" agreements. Non - County 5 applicators shall notify DuMies War] ° Transportation Services, Roads Division 6 of Maintenance & Operations Division of Whatcom County at least two weeks 7 prior to application of herbicides: 8 E. (Applies to County only.) In addition, signs shall be conspicuously posed in 9 the area(s) to be sprayed or chemically treated at least one (1) week prior to 10 actual treatment. Signs shall include information regarding the anticipated date 11 of chemical treatment, the herbicide(s) to be used, and the roads to be treated. 12 Tmmediat,'•• :Following the use of herbicides, the notices along the maintained 13 roadways shall be changed or alerted with a sign stating that chemical treatment 14 has occurred, naming the chemical used. A faithful record of comments and protests received shall be made, preserved and made available to the public. 16 F. The Director of °• blie Wed Transportation Services shall submit annually to 17 the Whatcom GeufAy Geu County Executive, a listing of all areas and the 18 names of approved herbicides to be utilized in the annual integrated roadside 19 vegetation management program. 20 G. Prior to forwarding a copy of the annual vegetation management plan to the 21 Executive, the Director of rDz blie Wed Transportation Services shall schedule 22 a meeting „f the f n,, ++oo a,,. ing the fifs+ „,after- of eaeh ea endar- 23 yeanwith the County Council Public Services Committee in July of each 24 calendar year as part of the budget process. The committee shall review the 25 plan and make recommendations for changes as deemed necessary. M-ajer-Ity 26 rAe shall ply. 3 1. 14. The GemmWee "I fouf be fiem the eansist of nine r-epr-esenWives. shall 2 sensitive areas idefAified in this ffem the Pafks DepaftmefA, or-dkmaee, ene ■ 7 the eemfflittee members be dffee Tei:ms "I be TIffee shall years. staggered. 9 shall be appeii-Aed for- two teEms, thfee (2) -year- and (3) people shal 1 11 BE IT FURTHER ORDAINED that the Executive shall prepare, annually update and 12 adhere to a long -range integrated vegetation management plan. An "integrated roadside 13 vegetation management plan" is one that advances the commitment to implement a variety of 14 vegetation control measures, such as biological, mechanical, manual and chemical. It seeks to 3 minimize chemical solutions, when possible, based upon the level of vegetation infestation, its 16 economic impacts, and an assessment by the Ge ity integrated Vegewieff roan., ^ °r Roadside 17 / Vegetation Crew Leader of the economic and ecologic consequences of each type of control. 18 The plan shall assess the results of the previous year and identify additional sensitive 19 geographical areas within the county where spraying shall not take place. Such areas . 20 presently include: 21 A. Lake Whatcom Watershed 22 B. Lummi Island 23 C. North Fork Road 24 D. Cornell Creek Road 25 E. All areas within the jurisdiction of the Whatcom County Shorelines 26 Management program. 27 F. All areas that may be exempted from chemical treatment by the County 28 Council now or in the future. Cl Identification of areas as being sensitive may be initiated by petition of at least 51 % of 2 property owners in the area; or 60% of the citizens of the area. Exemptions may be granted 3 by the Executive in writing within 30 days of request or defacto exemption shall apply and 4 shall be limited to the hand treatment of fresh cut stumps and hand treatment of noxious 5 weeds as defined by the Noxious Weed Board. The criteria for reviewing such petitions shall 6 include such factors as the presence of groundwater, relatively high use by pedestrians or 7 children, and any other criteria the Executive or designee deems appropriate. Treatment shall 8 be allowed under new asphalt. Hand treatment within the listed sensitive geographical areas 9 shall be limited to application by licensed applicators and persons registered with Publie 10 Weriks Transportation Services, Roads Division of Maintenance & Operations of Whatcom 11 County on an annual basis to apply herbicides in the sensitive areas. Whatcom County shall 12 prepare maps showing areas exempted above for distribution to applicators. 13 Application as required for cut stumps shall be coordinated by anyone performing vegetation 14 management in identified sensitive areas with the i Roadside / Veaetation Crew Leader. The County shall limit the amount of material allowed 16 in each sensitive area to a maximum of three gallons of material suitably mixed per crew and 17 ready for application by a licensed applicator. Material shall be transported in an approved 18 container and shall be protected from spillage by an outer liner or containment vessel. 19 BE IT FURTHER ORDAINED, that the following conditions shall be adhered to by 20 the Department: 21 A. The use of herbicides by all persons, whether public or private entities or 22 individuals, is hereby prohibited on all county owned and maintained road 23 rights -of -way subject to use as permitted by Whatcom County franchise 24 agreement within designated sensitive geographical areas 25 B. All property owners who do not wish herbicides to be used in front of their 26 property shall sign an "Owner Will Maintain" Agreement. The Goun-ty 27 integfated V,.,.,.ta fi ,n Manager- Roadside / Vegetation Crew Leader shall be 28 responsible for monitoring for compliance. 0 t C. Ditches. will be cleaned by non - chemical means except where vegetation only is 2 causing a blockage or if additional excavation would result in the unnecessary 3 lowering of culverts. These areas may be treated with an aquatic registered 4 herbicide only where other means are impractical and uneconomical. 5 D. Backslopes and frontslopes will be treated by non - chemical means and 6 maintained so as to retain grasses and other vegetation to prevent erosion, using 7 herbicides for such maintenance only when other means are impractical and/or 8 uneconomical. 9 E. No Public or Private entity or individual shall commence any chemical 10 treatment on any maintained county right -of -way without the prior written 11 consent of the Director of the Publie tY-r: d Transportation Services 12 Department. A plan showing areas to be chemically treated shall accompany 13 any request for approval. 14 F. Ongoing testing sites will be established to evaluate various integrated 15 vegetation management techniques. 16 G. Ordinance No. 91 -44 is hereby repealed and all other resolutions, or policies 17 are superseded to the extent that they are in conflict with this ordinance. 18 BE IT FURTHER ORDAINED that penalties and court enforcement shall be applied 19 as follows: 20 A. Any person, firm or corporation who fails to comply with any of the conditions 21 herein shall be guilty of a civil offense and shall be fined a sum not to exceed 22 one thousand dollars. 23 B. The penalty provided in the above section shall be imposed by a written notice 1 delivered, either by certified mail with return receipt requested or by personal A 1 service, to the person, firm or corporation involved in the activity. Said notice 2 shall bed- originate at the Whatcom County Elie We 3 Transportation Services Department. The notice shall include the amount of 4 the penalty imposed and shall describe the violation with reasonable 5 particularity. It shall also order the act or acts constituting the violation or 6 violations to cease and desist or, in appropriate cases, require necessary 7 corrective action to be taken within a specific and reasonable time. 8 C. After the notice is icScive -postmarked, the recipient has 30 days to either pay 9 the amount designated or to make written application to the Elie Wed 10 Transportation Services Department for remission or mitigation of such penalty. 11 Upon receipt of the application, said department shall review the penalty and 12 make a written decision of that review. The Dublie Wed Transportation 13 Services Department's decision shall be reviewed by the County Council if the 14 aggrieved parry files a written appeal with the clerk of the County Council 5 within ten (10) days of its issuance. The decision of the County Council 16 regarding the penalty imposed shall be final. In calculating the time limits 17 mentioned in this ordinance you begin calculating the time the day after the 18 decision is issued, and you include the last day. If the last day falls on a 19 Saturday, Sunday or' a legal holiday, then the time limit is extended to the next 20 regular business day. 21 D. The Prosecuting Attorney may, in his discretion, bring such injunctive, 22 declaratory or other actions as deemed necessary to ensure that violations of 23 this ordinance are prevented or cease, and to otherwise enforce the provisions 24 of this ordinance. 25 E. In the event -any person, firm or corporation violates any of the provisions of 26 this ordinance, the D• blie Wed Transportation Services Department shall 27 cause a notice of violation to be delivered to a person of suitable age at the site 7 1 or place of business and order all work to cease until authorized to proceed. 2 Failure to comply with the order to stop work shall be a gross misdemeanor 3 punishable upon conviction by a minimum fine of five hundred dollars 4 ($500.00) up to a maximum fine of one thousand dollars ($1,000.00) or one (1) 5 year in jail, or both. Under no circumstances may the court defer or suspend 6 any portion of the minimum five hundred dollar ($500.00) fine for any 7 conviction under this section. Each day or part thereof of noncompliance with 8 said order to stop work shall constitute a separate offense. 9 SEVERABILITY: If any sentence, clause, phrase, or portion of this code or ordinance 10 adopted herein is for any reason held to be invalid or unconstitutional by the decision of a 11 court of competent jurisdiction, such decision shall not affect the validity of the remaining 12 portions of this ordinance. 13 ADOPTED this 2nd day of August , 1994. 14 15. ATTEST:. 16 X/Efe2=n� 17 Ramona Reeves, Council Clerk 18 APPROVED AS TO FORM: 19 20 Randall J. W� s, Chie Civil 21 Deputy Prosecuft Attorney 22 23 C. \wpdocs\hrb\hrbord.new WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON _ d Bob Imhoff, Council Chair (4 Approved ( ) Denied G Shirley Van Zarken, Exe ve Date: :Sl3h� E -.