HomeMy WebLinkAboutCOM 1075.002 2014-2016 Margaret Wille Mt�.gr�,� . Phone No.Hilo: (808)961-8027
- o �'•. -2 43
Council Member u; Phone No. Waimea: (808)887 0
District 9-North and South Kohala ,���"' Fax Fax No.: (808)887-2072
+ E-Mail: mwille@co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building Holomua Center West Hawai'i Civic Center Bldg.A
25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohokalole Hwy.
Hilo,Hawai`i 96720 Waimea,Hawai`i 96743 Kailua-Kona,Hawaii,96740
ti= CM-i4
TO: Dru Mamo Kanuha, Council Chair
and Members of the Hawai`i Coun ouncil
FROM: rargaret Wille, Council Memb fi
DATE: October 28, 2016 + "?"
SUBJECT: Proposed Amendments to Bill No. 245; Relating to Decreasing Public°Exposure to
Toxic Herbicides.
Please find below proposed amendments to Bill No. 245. The proposed amendments are
illustrated in Ramseyer format with respect to the contents of Bill No. 245 (material to be deleted
is bracketed and stricken, material to be added is underscored). A draft copy of proposed Bill No.
245, Draft 2, is attached with the amendments incorporated therein.
1. Bill No. 245 is amended by amending the findings, in SECTION 1 of the bill, to read as
follows:
"SECTION 1. Findings. The use of toxic herbicides in public spaces, such as in parks
and along roadsides and sidewalks, subjects unknowing persons and other species to a high
risk of exposure to dangerous chemicals. There is more and more evidence that cumulative
exposure to toxic herbicides, [such as] including those containing glyphosate, is harmful to
people as well as to land and water ecosystems.
Alternative ways to manage weeds in a manner that enhances environmental wellbeing
are available, including manual removal,planting of cover plants that beautify public ways
and roadsides, and other more eco-friendly spray applications.
The scope of this ordinance is limited to County owned or maintained public spaces and
easements and waterways and does not affect the use of herbicides on private property.
Comm. No. 101
Ref, To: ?1 l: v C,
Serving the Interests of the People of Our Island tt,4 Date NOV 0 1 2016
Hawai`i County Is An Equal Opportunity Provider And Employer
The effective date of this ordinance is July 1, 2017, in order to provide a
transition period prior to the effective date of the prohibition on July 1, 2019, to
determine which alternative weed management practice would be most effective
and economical, as well as using this policy change as an opportunity to partner
with interested non-profit organizations.
This ordinance is consistent with the Hawai`i State Constitution, Article XI,
Section 9, which provides:
"Each person has the right to a clean and healthful environment, as defined by
laws relating to environmental quality, including control of pollution and
conservation,protection and enhancement of natural resources. Any person may
enforce this right against any party,public or private, through appropriate legal
proceedings, subject to reasonable limitations and regulation as provided by
law."
This ordinance is consistent with the Hawai`i State Constitution, Article XI,
Section 1, which provides:
"For the benefit of present and future generations, the State and its political
subdivisions shall conserve and protect Hawai'i's natural beauty and all
natural resources, including land, water, air, minerals and energy sources, and
shall promote the development and utilization of these resources in a manner
consistent with their conservation and in furtherance of the self-sufficiency of
the State. All public natural resources are held in trust by the State for the
benefit of the people."
This ordinance is consistent with [the] Hawai`i County Charter section 13-29
"Conservation of Natural and Cultural Resources,"which provides:
"For the benefit of present and future generations, the county shall conserve
and protect Hawai`i's natural beauty and all natural and cultural resources,
including but not limited to land,water, air, minerals, energy sources, wahi
pana, surf spots,historic sites, and historic structures, and shall promote the
development and utilization of these resources in a manner consistent with their
conservation and in furtherance of the self-sufficiency of the county. All public
natural and cultural resources are held in trust by the county for the benefit of
the people.""
2. Bill No. 245 is amended by amending SECTION 2 to read as follows:
"SECTION 2. Chapter 14, Hawai`i County Code 1983 (2005 Edition, as amended), is
amended by adding a new article to be appropriately designated and to read as follows:
"Article . Use of Toxic Herbicides in Hawaii County Parks, Roadways, and Other
County Spaces and Waterways Prohibited.
2
Section 14- . Purpose.
The purpose of this article is to decrease the exposure of humans, birds, animals,
beneficial insects, and aquatic life to toxic herbicides in public places, roadways, and
waterways.
Section 14- . Definitions.
As used in this article, unless otherwise specified:
"Eco-friendly products" means products that are not [ham] acutely toxic to the
environment; being non-toxic to land and water ecosystems[:],and generally excludes all
products with an Environmental Protection Agency signal word on the product label
indicating an acute toxicity level.
"Minimum risk products"are products that are not required to be regulated by the
Environmental Protection Agency because of the low level of risk in cases of exposure to
humans. Examples of the active ingredients in minimum risk products are garlic oil,
peppermint oil, and salt.
"Signal words"means those words found on pesticide product labels that indicate an
acute toxicity level as designated by the Environmental Protection Agency, including the
signal words for category I (highest toxicity) "DANGER", category II (mid-level toxicity)
"WARNING", category III (lower toxicity) "CAUTION", and category IV (minimal risk of
toxicity)no signal word needed. Only those products that fall into the lowest toxicity
category by all routes of exposure (oral, dermal, inhalation, and other effects like eye and
skin irritation), do not require a signal word label.
"Toxic herbicides"means those agents used to dispose of unwanted plants that are not
deemed to be eco-friendly, including but not limited to those containing glyphosate, 2,4-
Dichlorophenoxyacetic, atrazine, dioxin, picloram, bipyridinium, diphenyl ether, and tyrosine
breakdown products.[• • . . .. . •_ . . . - ":. .. ,"
"warning," "toxic to fish," or"toxic to fish and wildlife,"or that indicate a risk of
groundwater contamination, are included as "toxic herbicides, " Herbicide products with only
a signal label of"caution" are excluded from the definition of"toxic herbicides."] Limonene,
including d-limonene (citrus oil), is deemed to be eco-friendly and not a toxic herbicide
irrespective of whether the signal word on the product label indicates low toxicity or minimal
risk of toxicity, provided that is the only active ingredient in the herbicide.
Section 14- . Toxic herbicides in public ways prohibited.
[The] Except as otherwise provided in this article, the use of toxic herbicides is
prohibited in all County owned or maintained public parks and along all County owned or
maintained roads, bikeways, sidewalks,trails, and waterways on [ ] or after July 1, 2019.
3
Section 14- . Transition.
(a) On or after July 1, 2017, the director of research and development [shall work] in
cooperation with the director of parks and recreation and the director of public works,
rt-e] shall take steps to reduce the use of toxic herbicides, including by:
LB Compiling a list of all parks, public ways, and waterways, where toxic herbicides
are used and making this list available to the public;
(2) Researching alternative approaches to spraying of toxic herbicides, including
manual removal and planting of alternative ground covers;
(3) [ung] Researching and testing alternative eco-friendly products used in
other municipalities[ ]i
(4) [researching] Researching the possibility of producing locally [and!-er] and
promoting, or both [ -- . . .: . : an alternative eco-friendly herbicide
[to reduce costs.]; and
(5) Engaging in pilot projects in one or more communities and districts to implement
strategies to reduce the use of toxic herbicides.
j On or before July 1, 2018, and annually thereafter,the director of research and
development shall report to the council on the status of the department's efforts to
reduce the use of toxic herbicides in all County owned or maintained public parks and
along all County owned or maintained roads, bikeways, sidewalks, trails, and
waterways.
Section 14- . Exemptions.
(a) [In situations where] When compliance with the terms of this article would [result in
undue-hardship] be prohibitive in terms of cost or otherwise, the director of
environmental management may exempt a [particular] location for a [parricular]
defined period of time, [provided that location is not a public park or along a
waterway.] and may use a toxic herbicide with a signal word of"Caution,"without
regard to whether it has been deemed to be "not acutely toxic"provided:
(1) Notice that the location will be sprayed with a stated product is posted in a visible
location at least twenty four hours before spraying;
(2). The area is made inaccessible to the public until the sprayed product dries but for
no less than four hours;
(3) A blue dye is applied to the product to make it visible to the naked eye: and
(4) All directions on the label are adhered to such as wind or rain condition
restrictions.
(b) All exemptions shall be recorded and made available to the public at the department of
environmental management and on the department's website.
[(b) Any person may appeal the director's decision on any approved exemptions to the
environmental management commission.]"
MW/dh
Att.
4
AN ORDINANCE AMENDING CHAPTER 14, HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED),BY ADDING A NEW ARTICLE TO DECREASE
PUBLIC EXPOSURE TO TOXIC HERBICIDES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings. The use of toxic herbicides in public spaces, such as in parks and
along roadsides and sidewalks, subjects unknowing persons and other species to a high risk
of exposure to dangerous chemicals. There is more and more evidence that cumulative
exposure to toxic herbicides, including those containing glyphosate, is harmful to people as
well as to land and water ecosystems.
Alternative ways to manage weeds in a manner that enhances environmental wellbeing
are available, including manual removal,planting of cover plants that beautify public ways
and roadsides, and other more eco-friendly spray applications.
The scope of this ordinance is limited to County owned or maintained public spaces and
easements and waterways and does not affect the use of herbicides on private property.
The effective date of this ordinance is July 1, 2017, in order to provide a
transition period prior to the effective date of the prohibition on July 1, 2019, to
determine which alternative weed management practice would be most effective
and economical, as well as using this policy change as an opportunity to partner
with interested non-profit organizations.
This ordinance is consistent with the Hawai`i State Constitution, Article XI,
Section 9, which provides:
"Each person has the right to a clean and healthful environment, as defined by
laws relating to environmental quality, including control of pollution and
conservation, protection and enhancement of natural resources. Any person may
enforce this right against any party, public or private, through appropriate legal
proceedings, subject to reasonable limitations and regulation as provided by
law."
This ordinance is consistent with the Hawai`i State Constitution, Article XI,
Section 1, which provides:
"For the benefit of present and future generations, the State and its political
subdivisions shall conserve and protect Hawai'i's natural beauty and all
natural resources, including land, water, air, minerals and energy sources, and
shall promote the development and utilization of these resources in a manner
consistent with their conservation and in furtherance of the self-sufficiency of
5
the State. All public natural resources are held in trust by the State for the
benefit of the people."
This ordinance is consistent with Hawai`i County Charter section 13-29
"Conservation of Natural and Cultural Resources,"which provides:
"For the benefit of present and future generations, the county shall conserve
and protect Hawai`i's natural beauty and all natural and cultural resources,
including but not limited to land, water, air, minerals, energy sources, wahi
pana, surf spots, historic sites, and historic structures, and shall promote the
development and utilization of these resources in a manner consistent with their
conservation and in furtherance of the self-sufficiency of the county. All public
natural and cultural resources are held in trust by the county for the benefit of
the people."
3. Bill No. 245 is amended by amending SECTION 2 to read as follows:
"SECTION 2. Chapter 14, Hawai`i County Code 1983 (2005 Edition, as amended), is
amended by adding a new article to be appropriately designated and to read as follows:
"Article . Use of Toxic Herbicides in Hawaii County Parks, Roadways, and Other
County Spaces and Waterways Prohibited.
Section 14- . Purpose.
The purpose of this article is to decrease the exposure of humans, birds, animals,
beneficial insects, and aquatic life to toxic herbicides in public places, roadways, and
waterways.
Section 14- . Definitions.
As used in this article, unless otherwise specified:
"Eco-friendly products" means products that are not acutely toxic to the environment; being
non-toxic to land and water ecosystems, and generally excludes all products with an
Environmental Protection Agency signal word on the product label indicating an acute
toxicity level.
"Minimum risk products" are products that are not required to be regulated by the
Environmental Protection Agency because of the low level of risk in cases of exposure to
humans. Examples of the active ingredients in minimum risk products are garlic oil,
peppermint oil, and salt.
"Signal words"means those words found on pesticide product labels that indicate an
acute toxicity level as designated by the Environmental Protection Agency, including the
signal words for category I (highest toxicity) "DANGER", category II (mid-level toxicity)
"WARNING", category III (lower toxicity) "CAUTION", and category IV (minimal risk of
toxicity)no signal word needed. Only those products that fall into the lowest toxicity
6
category by all routes of exposure (oral, dermal, inhalation, and other effects like eye and
skin irritation), do not require a signal word label.
"Toxic herbicides"means those agents used to dispose of unwanted plants that are not
deemed to be eco-friendly, including but not limited to those containing glyphosate, 2,4-
Dichlorophenoxyacetic, atrazine, dioxin,picloram, bipyridinium, diphenyl ether, and tyrosine
breakdown products. Limonene, including d-limonene (citrus oil), is deemed to be eco-
friendly and not a toxic herbicide irrespective of whether the signal word on the product label
indicates low toxicity or minimal risk of toxicity, provided that is the only active ingredient
in the herbicide.
Section 14- . Toxic herbicides in public ways prohibited.
Except as otherwise provided in this article, the use of toxic herbicides is prohibited in
all County owned or maintained public parks and along all County owned or maintained
roads, bikeways, sidewalks, trails, and waterways on or after July 1, 2019.
Section 14- . Transition.
(a) On or after July 1, 2017, the director of research and development in cooperation with
the director of parks and recreation and the director of public works, shall take steps to
reduce the use of toxic herbicides, including by:
(1) Compiling a list of all parks, public ways, and waterways, where toxic herbicides
are used and making this list available to the public;
(2) Researching alternative approaches to spraying of toxic herbicides, including
manual removal and planting of alternative ground covers;
(3) Researching and testing alternative eco-friendly products used in other
municipalities;
(4) Researching the possibility of producing locally and promoting, or both an
alternative eco-friendly herbicide; and
(5) Engaging in pilot projects in one or more communities and districts to implement
strategies to reduce the use of toxic herbicides.
(b) On or before July 1, 2018, and annually thereafter,the director of research and
development shall report to the council on the status of the department's efforts to
reduce the use of toxic herbicides in all County owned or maintained public parks and
along all County owned or maintained roads, bikeways, sidewalks,trails, and
waterways.
Section 14- . Exemptions.
(a) When compliance with the terms of this article would be prohibitive in terms of cost or
otherwise,the director of environmental management may exempt a location for a
defined period of time, and may use a toxic herbicide with a signal word of"Caution,"
without regard to whether it has been deemed to be "not acutely toxic"provided:
(1) Notice that the location will be sprayed with a stated product is posted in a visible
location at least twenty four hours before spraying;
(2) The area is made inaccessible to the public until the sprayed product dries but for
no less than four hours;
(3) A blue dye is applied to the product to make it visible to the naked eye; and
7
(4) All directions on the label are adhered to such as wind or rain condition
restrictions.
(b) All exemptions shall be recorded and made available to the public at the department of
environmental management and on the department's website.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect on July 1, 2017.
8