2019-12-12 Letter to Aaron Chung re Veto of Bill 101 relating to Herbicide Use (2)

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December 12, 2019 Page 3 o Delete the requirement that members of the Committee “shall be residents of the County.” o Review and revise the responsibilities of the Committee and possible staffing needs to accomplish the responsibilities of the Committee. B. The requirement to post notices at every site twenty-four hours prior to the application of “prohibited herbicides” translates into a multi-day pre-notice of the intent to apply herbicides. o Herbicide application requires specific conditions at the site (no-minimal wind, rain, moisture conditions, etc.) so application timing must be flexible which makes the 24-hour notice requirement irrational. Recommendation: o Delete the requirement that a notice must be placed at the site where herbicide will be used “at least twenty-four hours before application.” C. Section 14-145 (b) (2) states “\[t\]he area sprayed shall be made inaccessible to the public until the sprayed product dries, but for no less than four hours, or in accordance with the product’s label, whichever is greater.” o There is no language in the Bill that explains why following the directions relating to dry time on the product’s label is not sufficient. o Mandating a 4-hour inaccessibility window essentially translates to an entire day (or more) of closure – partial or complete.  If herbicide is applied any time after 3-hours into an employee’s workday, they will not have the time to return to the site and remove the barricades or reopen a park. Recommendation: o Delete the requirement that an area sprayed shall be made inaccessible to the public for “no less than four hours, or in accordance with the product’s label, whichever is greater.” 3. Other Concerns A. The terms “public park”, “targeted invasive species” and “waterway” are not defined. B. The new processes during the transition period make public access to its facilities unpredictable and affecting these areas: o Parks, including Hilo Municipal Golf Course, County cemeteries, and Veterans cemeteries o Roadways o Bikeways o Sidewalks o Trails County of Hawai`i is an Equal Opportunity Provider and Employer.