HomeMy WebLinkAboutBIL 183 Draft 01 2016-2018 0tYOFN •
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BILL NO. 183
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14, HAWAII COUNTY CODE 1983
(2016 EDITION,AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO
DECREASING PUBLIC, WILDLIFE,AND WORKER EXPOSURE TO HERBICIDES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose.
Herbicides are heavily used in public places, such as parks and along roads, bikeways,
sidewalks,trails, drainageways, andwaterways, to control vegetation. Exposure to these
substances subjects County workers, unknowing persons, domestic animals, and wildlife to a
high risk of exposure to dangerous chemicals. For instance, the World Health Organization has
listed glyphosate, a commonly used herbicide, as a probable carcinogen.
To protect our community from exposure to harmful chemicals, it is the purpose of this
ordinance to promote and ultimately require the County to use alternate means besides the
application of prohibited herbicides to control vegetation..To accomplish this end, this ordinance
creates a list of prohibited herbicides and creates a vegetation management transition committee
that will help oversee County efforts to reduce the use of prohibited herbicides in all County
owned or maintained parks, roads, bikeways, sidewalks, trails, drainageways, and waterways.
The four-year transition period before a ban on County use of these substances takes effect on
January 1, 2023, will afford the committee and the County time to develop alternatives to
prohibited herbicides. On December 31, 2023, the committee will cease to exist.
This ordinance shall not be construed to affect the use of prohibited herbicides by persons
or entities other than the County.
SECTION 2. Chapter 14, Hawai`i County Code 1983 (2016 Edition, as
amended), is amended by adding a new article to be appropriately designated and to read
as follows:
"Article . Use of herbicides in Hawai'i County parks, roads, bikeways, sidewalks,
trails, drainageways, and waterways prohibited.
Section 14- . Definitions.
As used in this article, unless otherwise specified:
"Eco-friendly products and methods"means products and methods that the County has
determined are safe for use on County owned or maintained public parks and along all County
owned or maintained roads,bikeways, sidewalks, trails, drainageways, and waterways.
Examples include but are not limited to the following:
(1) Mechanical means such as weed whackers, mowers, side cutters, steam or
thermal weeders;
(2) Animals such as goats and sheep to eat weeds;
(3) Manual removal;
(4) Landscaping;
(5) Adding inputs to improve the soil;
(6) Mulching; and
(7) Products such as D-limonene, baking soda, vinegar, and salt.
"Emergency"means an urgent need to mitigate or eliminate a plant pest that threatens public
health and safety.
"Minimum risk products and methods" are products and methods that are not required to be
regulated by the Environmental Protection Agency under 40 CFR 152.25.
"Prohibited Herbicide" means any substance or mixture of substances intended for use as a:
(1) Plant regulator, defoliant, pre-emergent or desiccant; or
(2) Spray adjuvant, such as a wetting agent or adhesive, that has been deemed by the
County of Hawai`i in section of this article to pose a substantial risk to public
health and safety, and that is prohibited for use by County employees after January 1,
2023,under the provisions of this section.
Section 14- . Herbicides in public ways prohibited.
(a) Except as otherwise provided in this article, the County shall not use prohibited herbicides
in all County owned or maintained public parks and along all County owned or maintained
roads, bikeways, sidewalks, trails, drainageways, and waterways on or after January 1,
2023.
(b) Schedule of prohibited materials.
The following schedule lists herbicides prohibited for use in the control of unwanted
vegetation growth along County owned or maintained public parks, and along all County
owned and maintained roads, bikeways, sidewalks, trails, drainageways, and waterways:
Schedule of Prohibited Materials
Chemical Family Active Ingredients Examples of Brand name (May be known
by other brand names)
Anilide _ Dichlorophenyl Diuron 4L
Benzoic Dicamba Clarity, Banvel, DiFlexx, Engenia,
_ FeXa•an, XtendiMax
Bipyridilium _
Chloroacetanilide, S-metolachlor,Alachlor Dual II Magnum
Chloroacetamide
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Chloro henox acid Triiso ro anolammonium GrazonNext HL, Milestone, ForeFront
p Y p p
or ester salt of pyridine _
Organophosphorus Glyphosate, Glufosinate- Roundup Pro, Aquamaster, Liberty,
ammonium Cheetah, Finale
Phenoxy 2,4-Dichloro-phenoxyacetic Amine 4, Enlist One, Specticle
acid indaziflam
Polyalkyoxy Alkyl phenol ethoxylate
Pyridine carboxylic Clopyralid triethylame, Milestone, Confront, Remedy Ultra,
acid, Pirolinic acid Tricloyrald, Aminopyralid Crossbow, Garlon, Pathfinder, Reclaim,
Element 4
Quaternary Paraquat dichloride Gramoxone SL, Paraquat concentrate
ammonium,
Bipyridylium
Sulfonylurea Chlorimuron Classic
Tebuthiuron Dimethylurea Parrot 4L
Triazine Atrazine Atrazine 4L, AAtrex
Unclassified Oxadiazon, Ronstar
Polyoxyethylene
Section 14- . Exemptions.
(a) Agricultural lands that are owned or under the control by the County and leased to a
person or entity who is not an officer or employee of the County, are exempt from
the provisions of this article.
(b) Nothing in this article prohibits property owners, or those in control of private property or
any property that is not County maintained, adjacent to a County road easement from using
herbicides on that easement, provided such activity is not in violation of the provisions of
chapter 149A, Hawai`i Revised Statutes.
(c) Emergency. In the case of a situation relating to vegetation management that is
deemed to be a public health hazard to the extent that it necessitates a temporary
exemption to the provisions of this article, the mayor or applicable department may
make a formal request to the council to do so; provided that: actions taken during
exemption are solely for the purpose of mitigating a public health hazard or
emergency, all other methods available are demonstrated to be inadequate in
mitigating said emergency, and that a time frame for this exemption to take place is
presented and affirmed. Requests for an emergency exemption from the provisions
of this article shall be made by official communication from department making the
request for exemption.
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Section 14- . Use of herbicides during transition.
(a) On or after January 1, 2019, the director of the department of environmental
management,the director of the department of parks and recreation and the director
of the department of public works, shall take steps to reduce the use of prohibited
herbicides, including:
(1) Creating and carrying out, in concert with ongoing advisement of the
vegetation management transition committee, a program of transition from
using prohibited herbicides to using minimum risk and eco-friendly products
and methods; and
(2) Keeping complete records of all types of herbicide usage and associated costs,
as well as all other method usages and their associated costs, for the purpose
of sharing with the vegetation management transition committee.
(b) When an herbicide listed as a prohibited herbicide pursuant to this article is used at a
County owned or maintained public park or along a County owned or maintained road,
bikeway, sidewalk, trail, drainageway, or waterway, during the transition period that begins
on January 1, 2019 and ends on December 31, 2022:
(1) A notice shall be posted that the location will be applied with a prohibited herbicide,
identified by name. The notice shall be posted in a visible location at the site where
the herbicide will be used, at least twenty-four hours before application
(2) The 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.
(3) A blue dye shall be applied to the product to make it visible to the naked eye; and
(4) All directions on the label must be adhered to, such as wind or rain condition
restrictions.
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Section 14-_ Vegetation management transition committee established
(a) A vegetation management transition committee composed of seven members, shall be
established on or before January 1, 2019. Committee members shall be appointed by the
mayor, confirmed by the council, and may be removed by the mayor with the approval of
the council.
(b) This transitional committee shall be repealed on December 31, 2023.
Section 14-_ Membership and tenure.
(a) Members of the vegetation management transition committee shall serve a term to expire
on December 31, 2023.
(b) Members shall be residents of the County of Hawai`i.who possess education and/or
experience, and knowledge in one or more of the following fields or professions:
(1) Native Hawaiian plants and cultural advisement thereof;
(2) Tropical horticulture;
(3) Agroforestry;
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(4) Silviculture; and
(5) Organic landscape design and maintenance, permaculture, or natural farming.
(c) In addition, the director of the department of environmental management, the director of
the department of parks and recreation, the director of the department of public works, or
their designated representatives, shall serve as ex-officio members of the committee,
without the power to vote.
(d) Any vacancy on the committee shall be filled for the remainder of the unexpired term.
Section 14-_ Meetings of the committee.
There shall be a chairman and vice-chairman of the committee who shall be elected by the
members. At a minimum,the committee shall meet on a quarterly basis.
Section 14-_ Powers and duties of the committee.
The vegetation management transition committee shall:
(1) Oversee vegetation management efforts by the County;
(2) Assist the County in researching and developing new and safer vegetation
management strategies;
(3) Educate County officials, staff, and the public about minimum risk and eco-friendly
methods of vegetation control;
(3) Review data from all departments engaged in vegetation management; and
(4) On or before November 1, 2019 and biannually thereafter, report to the Council on
the status of efforts to reduce the use of prohibited herbicides in all County owned or
maintained public parks and along all County owned or maintained roads, bikeways,
sidewalks, trails, drainageways, and waterways."
SECTION 3. Severability. If any provision of this ordinance, or the application thereof to
any person or circumstance, is held invalid,the invalidity does 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 severable.
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SECTION 4. This ordinance shall take effect upon approval; provided that those sections
that establish and govern the "vegetation management transition committee" shall be repealed on
December 31, 2023.
INTRODUCED BY:
31^)
COUN L MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:.
REFERENCE Comm. 1037
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