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HomeMy WebLinkAboutord1985-1051 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Substitute Introduced by: Cole 12,/17/ 85, Proposed by: Cole Date: October 3, 1985 ORDINANCE NO. 85 -105 AN ORDINANCE PROVIDING FOR AN ANNUAL INTEGRATED ROADSIDE VEGETATION MANAGEMENT PROGRAM, WHICH MINIMIZES THE USE OF HERBICIDES AND PROHIBITS THE USE OF HERBICIDES IN CERTAIN AREAS OF THE COUNTY WHEREAS, the Whatcom County Council has held public hearings on the use of herbicides as a part of their annual integrated roadside vegetation management programs and WHEREAS, the goals of this program should include, along with its other goals related to road safety and weed control, the goal of minimizing the use of herbicides in consideration of the perceived risks posed by herbicides to human health and safety; NOW, THEREFORE, BE IT ORDAINED: It is the policy of Whatcom County to minimize the use of !rbicides for vegetation control along road rights -of -way, and to !t specific goals and timetables for minimizing the use of !rbicides. BE IT FURTHER ORDAINED that the Whatcom County Council oproves the use of certain herbicides to be utilized in the blic Works annual integrated roadside vegetation management ogram in accordance with Chapter 17.21 RCW under the following ,nditions: A. All herbicides used by the Department shall be those lly registered by the Environmental Protection Agency and the shington State Department of Agriculture. B. All herbicides shall be applied in accordance with the andards set forth by the State Department of Agriculture. C. Person or Persons responsible for applying the herbicides all be licensed by the Washington State Department of Agriculture. dinance - 1, aft 1, Oct. 3, 1985 'P. Further, the Department of Public Works shall engage in an on -going 1 program to upgrade the expertise of its personnel in integrated 2 vegetation management alternatives and in the selection and safe 3 application of herbicides. The Public Works Department, in 4 consultation with the County industrial safety officer, shall 5 develop a program to protect the safety of employees and others who 6 work or come in contact with the County's herbicides, and shall 7 develop a written procedures manual covering the selection, 8 storage, transportation, application and disposal of herbicides 9 used by the program. 10 D. At least one week prior to actual spraying, the Department 11 shall give due notification through the news media: radio, local 12 newspapers, and post notices at various public places including, 13 but not limited to post offices, stores, grange halls, fire 14 stations, etc. The notices shall contain the areas, the names of 15 the herbicides to be utilized, the approximate number of miles to 16 be treated, and the person and telephone number to contact for 17 further information or to register protests. The notices shall 18 also provide information on the right to enter into "Owner Will Maintain" agreements. In addition, the signs shall be conspicuous - 19 ly posted in the area(s) to be sprayed at least one (1) week prior 20 21 to actual spraying, said signs to include information regarding the 22 anticipated date of spraying, the herbicide(s) to be used, and the 23 roads to be sprayed. Immediately following the use of herbicides, the notices along the roadways shall be changed or altered with a 24 sign stating that spraying has occurred, naming the chemical used. 25 26 A faithful record of comments and protests received shall be made, 27 preserved and made available to the public. E. The Director of Public Works shall submit annually to the 28 29 Whatcom County Council a listing of all areas and the names of approved herbicides to be utilized in the annual integrated 30 roadside vegetation management program. 31 Ordinance - 2. 32 Draft 1, Oct. 3, 1985 s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BE IT FURTHER ORDAINED, that the Executive, in consultation with a specific and on -going gaeup committee of interested citizenE representing a diversity of viewpoints on the use of chemicals, shall prepare, annually update and adhere to a long -range inte- grated vegetation management plan. The committee shall be com- prised of not more than eleven (11) people, one appointed by each member of the County Council, with the remaining members being appointed by the County Executive. Committee members shall serve terms of three (3) years gach, with all terms of office commencing January 1. 1986. 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 accurate assessment of the economic and ecologic consequences of each type of control. The plan shall assess the results of the previous - and identify sensitive geographical areas in the county where spraying shall not take place; the identification of such areas may be initiated by petition of a substantial number of citizens of the area; the criteria for defining such areas shall include such factors as the presence of groundwater, relatively high use by pedestrians or children, and any other criteria the Executive deems appropriate. Such areas shall include: A. Lake Whatcom Watershed B. Lummi Island C. North Fork Road D. Cornell Creek Road E. Areas covered by "Owner Will Maintain" agreements The plan shall provide for the offering of the non- chemi- cal control portion of the roadside vegetation management plan to private contractors in specific areas. Ordinance - 3. Draft 1, Oct. 3, 1985 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 F. All areas within the jurisdiction of the Whatcom County Shorelines Management Program. G. Other areas that may be exempted from spraying by the County Council now or in the future. BE IT FURTHER ORDAINED, that the following conditions shall be adhered to by the Department: A. All property owners who do not wish herbicides to be used in front of their property may sign an "Owner Will Maintain" Agreement. B. Ditches will be cleaned by non - chemical means except where only vegetation is causing a blockage or if additional excavation requires the unnecessary lowering of culverts. These areas may be herbicided only where other means are impractical and uneconomical. C. Backslopes and frontslopes will be treated by non -chem- ical means and maintained so as to retain grasses and other vegetation to prevent erosion, using herbicides for such mainten- ance only when other means are impractical and /or uneconomical. D. No County official or employee shall commence any herbiciding on any county roads without the prior written consent of the Director of Public Works. E. Ongoing testing sites will be established to evaluate various integrated vegetation management techniques. Ordinance - 4 Draft 1, Oct. 3, 1985 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Be it finally ordained, that Resolution No. 85 -17 is hereby to the extent that they conflict with this ordinance. PASSED this 19th day of December , 1985. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Carol Ebergson Clerk of the Council APPROVED AS TO FORM: William P. Roehl Chairman ( ) Approved ( ) Vetoed Returned unsigned by the Executive on Tuesday, January 7, 1986 Shirley Van Zanten County Executive Randall J. Watts, Civil Deputy Prosecuting Attorney Date signed by Executive Published on October 9, 1985 & January 13, 1986 This ordinance becomes effective on January 7, 1986 Ordinance - $. Draft 1, Oct 3, 1985.