CCLME.ORG - General pesticide rules
Loading (50 kb)...'
State
Washington Regulations
Chapter 16-228 WAC General pesticide rules

Chapter 16-228 WAC
General pesticide rules Last Update: 10/28/03



DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
16-228-001 Promulgation. [Order 1470, 16-228-001, filed 5/14/76.] Repealed by Order 1538, filed 7/29/77, effective 9/1/77.
16-228-003 Promulgation. [Order 1481, 16-228-003, filed 7/15/76.] Repealed by 88-14-074 (Order 1981), filed 7/1/88. Statutory Authority: Chapter 17.21 and 15.58 RCW.
16-228-010 Definitions. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 95-01-077 (Order 5060), 16-228-010, filed 12/16/94, effective 1/16/95. Statutory Authority: Chapter 15.58 RCW and RCW 15.58.150. 92-07-084, 16-228-010, filed 3/17/92, effective 4/17/92. Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-010, filed 11/30/89, effective 12/31/89; 88-14-074 (Order 1981), 16-228-010, filed 7/1/88. Statutory Authority: Chapter 17.21 RCW. 85-17-044 (Order 1869), 16-228-010, filed 8/16/85. Statutory Authority: Chapters 15.58 and 17.21 RCW. 84-09-011 (Order 1817), 16-228-010, filed 4/10/84; Order 1538, 16-228-010, filed 7/29/77, effective 9/1/77; Order 1470, 16-228-010, filed 5/14/76. Formerly WAC 16-220-200 (part).] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-020 Pesticide licenses -- Renewal dates -- Penalties. [Statutory Authority: RCW 15.32.100, 15.32.110, 15.32.584, 69.07.040, 16.49.440, 16.49.630, 15.80.460, 15.80.470, 15.80.500, 16.58.060, 20.01.050, 22.09.050, 22.09.055, 22.09.070, 22.09.075, 17.21.070, 17.21.110, 17.21.126, 17.21.129, 17.21.220, 17.21.122, 15.58.200, 15.58.210, 15.58.220, 17.21.140 and 16.57.080. 91-16-005 (Order 2091), 16-228-020, filed 7/25/91, effective 8/25/91.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-115 Pesticide labeling requirements. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 89-24-029 (Order 2022), 16-228-115, filed 11/30/89, effective 12/31/89; 84-09-011 (Order 1817), 16-228-115, filed 4/10/84; Order 1470, 16-228-115, filed 5/14/76. Formerly WAC 16-222-030.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-116 Complete pesticide formula. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-116, filed 11/30/89, effective 12/31/89.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-117 Home and garden products -- Definition -- Registration fee. [Statutory Authority: Chapter 15.58 RCW. 89-22-074 (Order 2019), 16-228-117, filed 10/31/89, effective 12/1/89.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-120 Artificial coloring. [Order 1470, 16-228-120, filed 5/14/76. Formerly WAC 16-222-040.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-125 Experimental use permits. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 84-09-011 (Order 1817), 16-228-125, filed 4/10/84; Order 1470, 16-228-125, filed 5/14/76. Formerly WAC 16-220-070.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-130 Pesticide-fertilizer registration and labeling. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 84-09-011 (Order 1817), 16-228-130, filed 4/10/84; Order 1470, 16-228-130, filed 5/14/76. Formerly WAC 16-222-090.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-140 Pesticide-fertilizer mix restrictions. [Order 1470, 16-228-140, filed 5/14/76. Formerly WAC 16-222-100.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-143 Pirt surcharge. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-143, filed 11/30/89, effective 12/31/89.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-145 Adequate containers. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-145, filed 11/30/89, effective 12/31/89; Order 1470, 16-228-145, filed 5/14/76. Formerly WAC 16-222-110.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-14501 Sale or possession of sodium fluoracetate, fluoracetamide, and phosphorus pastes. [Order 1470, 16-228-145 (codified as WAC 16-228-14501), filed 5/14/76. Formerly WAC 16-222-120.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-150 Responsibilities of pesticide applicators, operators, pesticide dealers and pest control consultants in sales of pesticides and in recommendations and application of pesticides. [Order 1481, 16-228-150, filed 7/15/76; Order 1470, 16-228-150, filed 5/14/76. Formerly WAC 16-220-205 and 16-222-130.] Repealed by Order 1538, filed 7/29/77, effective 9/1/77.
16-228-155 Pesticides -- Not for distribution to home and garden users. [Statutory Authority: RCW 15.58.040 (2)(h). 98-15-026, 16-228-155, filed 7/7/98, effective 8/7/98. Statutory Authority: Chapters 15.58 and 17.21 RCW. 89-24-029 (Order 2022), 16-228-155, filed 11/30/89, effective 12/31/89; 84-09-011 (Order 1817), 16-228-155, filed 4/10/84; Order 1538, 16-228-155, filed 7/29/77, effective 9/1/77; Order 1470, 16-228-155, filed 5/14/76. Formerly WAC 16-222-145.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-157 Waste pesticide disposal. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-157, filed 11/30/89, effective 12/31/89; 88-14-074 (Order 1981), 16-228-157, filed 7/1/88.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-160 Restriction on distribution, transportation, storage and disposal. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-160, filed 11/30/89, effective 12/31/89; 88-14-074 (Order 1981), 16-228-160, filed 7/1/88; 84-09-011 (Order 1817), 16-228-160, filed 4/10/84; Order 1538, 16-228-160, filed 7/29/77, effective 9/1/77; Order 1470, 16-228-160, filed 5/14/76. Formerly WAC 16-222-150.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-161 Distribution records. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 84-09-011 (Order 1817), 16-228-161, filed 4/10/84.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-162 Phenoxy herbicide restrictions. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-07-006 (Order 1996), 16-228-162, filed 3/3/89; 84-09-011 (Order 1817), 16-228-162, filed 4/10/84; 80-03-040 (Order 1679), 16-228-162, filed 2/20/80.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-164 State restricted use pesticides for use by certified applicators only. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 91-06-019 (Order 2073), 16-228-164, filed 2/26/91, effective 3/29/91; 89-24-029 (Order 2022), 16-228-164, filed 11/30/89, effective 12/31/89; 89-07-006 (Order 1996), 16-228-164, filed 3/3/89.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-165 State restricted use pesticides for use by certified applicators only. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 88-14-074 (Order 1981), 16-228-165, filed 7/1/88; 84-09-011 (Order 1817), 16-228-165, filed 4/10/84; 80-03-040 (Order 1679), 16-228-165, filed 2/20/80; 79-05-003 (Order 1597), 16-228-165, filed 4/10/79; Order 1538, 16-228-165, filed 7/29/77, effective 9/1/77; Order 1470, 16-228-165, filed 5/14/76. Formerly WAC 16-222-160 and 16-223-230.] Repealed by 89-07-006 (Order 1996), filed 3/3/89. Statutory Authority: Chapters 17.21 and 15.58 RCW.
16-228-166 Aquatic pesticides. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-07-006 (Order 1996), 16-228-166, filed 3/3/89.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-168 Change of exemptions. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 89-24-029 (Order 2022), 16-228-168, filed 11/30/89, effective 12/31/89; 84-09-011 (Order 1817), 16-228-168, filed 4/10/84; Order 1538, 16-228-168, filed 7/29/77, effective 9/1/77.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-170 Pesticide dealer and dealer manager licenses. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 89-24-029 (Order 2022), 16-228-170, filed 11/30/89, effective 12/31/89; 84-09-011 (Order 1817), 16-228-170, filed 4/10/84; Order 1470, 16-228-170, filed 5/14/76. Formerly WAC 16-222-170.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-172 Permits. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 84-09-011 (Order 1817), 16-228-172, filed 4/10/84; Order 1538, 16-228-172, filed 7/29/77, effective 9/1/77.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-174 Private commercial applicator license. [Order 1538, 16-228-174, filed 7/29/77, effective 9/1/77.] Repealed by 84-09-011 (Order 1817), filed 4/10/84. Statutory Authority: Chapters 15.58 and 17.21 RCW.
16-228-175 Distribution requirements for growth regulating herbicides to be used in counties located east of the crest of the Cascade Mountains. [Order 1470, 16-228-175, filed 5/14/76. Formerly WAC 16-222-190.] Repealed by Order 1538, filed 7/29/77, effective 9/1/77.
16-228-176 Private applicator certification. [Order 1538, 16-228-176, filed 7/29/77, effective 9/1/77.] Repealed by 84-09-011 (Order 1817), filed 4/10/84. Statutory Authority: Chapters 15.58 and 17.21 RCW.
16-228-178 Demonstration and research applicator certification. [Order 1538, 16-228-178, filed 7/29/77, effective 9/1/77.] Repealed by 84-09-011 (Order 1817), filed 4/10/84. Statutory Authority: Chapters 15.58 and 17.21 RCW.
16-228-180 License denied, revoked or suspended. [Statutory Authority: Chapter 15.58 RCW and RCW 15.58.150. 92-07-084, 16-228-180, filed 3/17/92, effective 4/17/92. Statutory Authority: Chapters 15.58 and 17.21 RCW. 89-24-029 (Order 2022), 16-228-180, filed 11/30/89, effective 12/31/89; 84-09-011 (Order 1817), 16-228-180, filed 4/10/84; Order 1538, 16-228-180, filed 7/29/77, effective 9/1/77; Order 1470, 16-228-180, filed 5/14/76.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-185 Restrictions applying to any person holding, handling, using, or disposing of pesticides and their containers. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-185, filed 11/30/89, effective 12/31/89; 88-14-074 (Order 1981), 16-228-185, filed 7/1/88; 84-09-011 (Order 1817), 16-228-185, filed 4/10/84; Order 1538, 16-228-185, filed 7/29/77, effective 9/1/77; Order 1470, 16-228-185, filed 5/14/76. Formerly WAC 16-222-180.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-190 Applicator requirements. [Statutory Authority: RCW 17.21.030 and 17.21.100. 90-22-022 (Order 2057), 16-228-190, filed 10/30/90, effective 11/30/90. Statutory Authority: Chapters 17.21 and 15.58 RCW. 90-11-024, 16-228-190, filed 5/9/90, effective 6/9/90; 88-14-074 (Order 1981), 16-228-190, filed 7/1/88; 84-09-011 (Order 1817), 16-228-190, filed 4/10/84; Order 1538, 16-228-190, filed 7/29/77, effective 9/1/77; Order 1470, 16-228-190, filed 5/14/76. Formerly chapter 16-222 WAC.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-195 Compliance with federal requirements. [Order 1470, 16-228-195, filed 5/14/76.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-200 Low flying prohibitions. [Order 1470, 16-228-200, filed 5/14/76.] Repealed by Order 1538, filed 7/29/77, effective 9/1/77.
16-228-210 Financial responsibility insurance certificate (FRIC). [Statutory Authority: Chapters 17.21 and 15.58 RCW. 88-14-074 (Order 1981), 16-228-210, filed 7/1/88; 84-09-011 (Order 1817), 16-228-210, filed 4/10/84; Order 1470, 16-228-210, filed 5/14/76.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-213 Requirements on placement of commercial applicator apparatus license plates and windshield identification. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-213, filed 11/30/89, effective 12/31/89.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-214 Apparatus display signs. [Statutory Authority: Chapter 17.21 RCW. 92-15-001, 16-228-214, filed 7/1/92, effective 8/1/92.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-215 Application fee and FAA certificate. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-215, filed 11/30/89, effective 12/31/89; 88-14-074 (Order 1981), 16-228-215, filed 7/1/88; Order 1470, 16-228-215, filed 5/14/76.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-220 Examination requirements. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-220, filed 11/30/89, effective 12/31/89; 88-14-074 (Order 1981), 16-228-220, filed 7/1/88; 84-09-011 (Order 1817), 16-228-220, filed 4/10/84; Order 1470, 16-228-220, filed 5/14/76.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-223 Ground maintenance on an occasional basis -- Exempt from licensing requirements. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-223, filed 11/30/89, effective 12/31/89.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-225 Regulation of application of vertebrate control pesticides. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 89-24-029 (Order 2022), 16-228-225, filed 11/30/89, effective 12/31/89; 84-09-011 (Order 1817), 16-228-225, filed 4/10/84; Order 1538, 16-228-225, filed 7/29/77, effective 9/1/77; Order 1470, 16-228-225, filed 5/14/76. Formerly WAC 16-220-210.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-227 Tributyltin. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 88-14-074 (Order 1981), 16-228-227, filed 7/1/88.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-230 Special restrictions on the use of Compounds 1080, 1081 and phosphorus paste. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 84-09-011 (Order 1817), 16-228-230, filed 4/10/84; Order 1470, 16-228-230, filed 5/14/76. Formerly WAC 16-220-215.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-232 Chemigation. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 88-14-074 (Order 1981), 16-228-232, filed 7/1/88.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-233 Investigative response time. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-233, filed 11/30/89, effective 12/31/89.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-235 Purpose of rules -- Endrin use. [Statutory Authority: Chapter 17.21 RCW. 85-17-044 (Order 1869), 16-228-235, filed 8/16/85. Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-235, filed 8/1/83.] Repealed by 94-13-195, filed 6/21/94, effective 7/22/94. Statutory Authority: Chapter 17.21 RCW.
16-228-240 Endrin use in orchards -- 1983 to 1984. [Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-240, filed 8/1/83.] Repealed by 85-17-044 (Order 1869), filed 8/16/85. Statutory Authority: Chapter 17.21 RCW.
16-228-245 Endrin application -- Criteria for determining crisis use on orchards. [Statutory Authority: Chapter 17.21 RCW. 85-17-044 (Order 1869), 16-228-245, filed 8/16/85. Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-245, filed 8/1/83.] Repealed by 94-13-195, filed 6/21/94, effective 7/22/94. Statutory Authority: Chapter 17.21 RCW.
16-228-250 Endrin -- Written recommendation -- Licensed consultant -- Game representative. [Statutory Authority: Chapter 17.21 RCW. 85-17-044 (Order 1869), 16-228-250, filed 8/16/85. Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-250, filed 8/1/83.] Repealed by 94-13-195, filed 6/21/94, effective 7/22/94. Statutory Authority: Chapter 17.21 RCW.
16-228-255 Endrin -- Distribution -- Dealer records. [Statutory Authority: Chapter 17.21 RCW. 85-17-044 (Order 1869), 16-228-255, filed 8/16/85. Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-255, filed 8/1/83.] Repealed by 94-13-195, filed 6/21/94, effective 7/22/94. Statutory Authority: Chapter 17.21 RCW.
16-228-260 Endrin -- Application restrictions. [Statutory Authority: Chapter 17.21 RCW. 85-17-044 (Order 1869), 16-228-260, filed 8/16/85. Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-260, filed 8/1/83.] Repealed by 94-13-195, filed 6/21/94, effective 7/22/94. Statutory Authority: Chapter 17.21 RCW.
16-228-265 Endrin -- Posting requirements. [Statutory Authority: Chapter 17.21 RCW. 85-17-044 (Order 1869), 16-228-265, filed 8/16/85. Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-265, filed 8/1/83.] Repealed by 94-13-195, filed 6/21/94, effective 7/22/94. Statutory Authority: Chapter 17.21 RCW.
16-228-270 Permit. [Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-270, filed 8/1/83.] Repealed by 85-17-044 (Order 1869), filed 8/16/85. Statutory Authority: Chapter 17.21 RCW.
16-228-275 Endrin -- Applicator records. [Statutory Authority: Chapter 17.21 RCW. 85-17-044 (Order 1869), 16-228-275, filed 8/16/85. Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-275, filed 8/1/83.] Repealed by 94-13-195, filed 6/21/94, effective 7/22/94. Statutory Authority: Chapter 17.21 RCW.
16-228-280 Endrin advisory committee. [Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-280, filed 8/1/83.] Repealed by 85-17-044 (Order 1869), filed 8/16/85. Statutory Authority: Chapter 17.21 RCW.
16-228-285 Endrin use in orchards after December 31, 1984 -- Crisis permits -- Permit requirements. [Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-285, filed 8/1/83.] Repealed by 85-17-044 (Order 1869), filed 8/16/85. Statutory Authority: Chapter 17.21 RCW.
16-228-320 Heptachlor treated grain seed -- Definition. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 79-07-090 (Order 1641), 16-228-320, filed 6/29/79.] Repealed by 99-07-113, filed 3/24/99, effective 4/24/99. Statutory Authority: Chapters 15.58 and 17.21 RCW.
16-228-330 Use and distribution. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 79-07-090 (Order 1641), 16-228-330, filed 6/29/79.] Repealed by 99-07-113, filed 3/24/99, effective 4/24/99. Statutory Authority: Chapters 15.58 and 17.21 RCW.
16-228-340 Establishing tolerances for the chemical ethylene dibromide (EDB). [Statutory Authority: Chapters 17.21 and 69.04 RCW. 84-12-034 (Order 1827), 16-228-340, filed 5/30/84.] Repealed by 99-07-112, filed 3/24/99, effective 4/24/99. Statutory Authority: Chapters 15.58 and 17.21 RCW.
16-228-400 Inspection and reporting criteria for complete wood destroying organism inspections. [Statutory Authority: Chapter 15.58 RCW and RCW 15.58.150. 92-07-084, 16-228-400, filed 3/17/92, effective 4/17/92.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-410 Inspection and report prerequisite to wood destroying organism treatment. [Statutory Authority: Chapter 15.58 RCW and RCW 15.58.150. 92-07-084, 16-228-410, filed 3/17/92, effective 4/17/92.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-420 Limited wood destroying organism inspections. [Statutory Authority: Chapter 15.58 RCW and RCW 15.58.150. 92-07-084, 16-228-420, filed 3/17/92, effective 4/17/92.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-430 Reporting criteria for limited wood destroying organism inspections. [Statutory Authority: Chapter 15.58 RCW and RCW 15.58.150. 92-07-084, 16-228-430, filed 3/17/92, effective 4/17/92.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-600 Use of pesticides on small seeded vegetable seed crops and seed alfalfa. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 95-01-019 (Order 5064), 16-228-600, filed 12/9/94, effective 1/9/95; 88-21-098 (Order 1989), 16-228-600, filed 10/19/88.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-650 Declaration of an agricultural emergency. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 95-01-077 (Order 5060), 16-228-650, filed 12/16/94, effective 1/16/95.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-655 Agricultural activities permitted under an agricultural emergency. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 95-01-077 (Order 5060), 16-228-655, filed 12/16/94, effective 1/16/95.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-660 Record keeping required for agricultural emergencies. [Statutory Authority: Chapters 15.58 and 17.21 RCW. 95-01-077 (Order 5060), 16-228-660, filed 12/16/94, effective 1/16/95.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-900 Penalties. [Statutory Authority: Chapters 17.21 and 15.58 RCW. 89-24-029 (Order 2022), 16-228-900, filed 11/30/89, effective 12/31/89. Statutory Authority: RCW 17.21.030. 83-16-045 (Order 1805), 16-228-900, filed 8/1/83.] Repealed by 93-10-047, filed 4/29/93, effective 5/30/93. Statutory Authority: RCW 15.58.260 and 17.21.315.
16-228-905 Statement of purpose -- Penalty assignment. [Statutory Authority: RCW 15.58.260 and 17.21.315. 93-10-047, 16-228-905, filed 4/29/93, effective 5/30/93.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-910 Definitions -- Penalty assignment. [Statutory Authority: RCW 15.58.260 and 17.21.315. 93-10-047, 16-228-910, filed 4/29/93, effective 5/30/93.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-915 Calculation of penalty. [Statutory Authority: RCW 15.58.260 and 17.21.315. 93-10-047, 16-228-915, filed 4/29/93, effective 5/30/93.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-920 Penalty assignment schedule -- Table A. [Statutory Authority: RCW 15.58.260 and 17.21.315. 93-10-047, 16-228-920, filed 4/29/93, effective 5/30/93.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-925 Penalty assignment schedule -- Table B. [Statutory Authority: RCW 15.58.260 and 17.21.315. 93-10-047, 16-228-925, filed 4/29/93, effective 5/30/93.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-930 Other dispositions of alleged violations. [Statutory Authority: RCW 15.58.260 and 17.21.315. 93-10-047, 16-228-930, filed 4/29/93, effective 5/30/93.] Repealed by 99-22-002, filed 10/20/99, effective 11/20/99. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW.
16-228-1140 Penalty assignment schedule -- Table B. [Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1140, filed 10/20/99, effective 11/20/99.] Repealed by 01-01-058, filed 12/12/00, effective 1/12/01. Statutory Authority: Chapters 17.21 and 15.58 RCW.
16-228-1230 State restricted use pesticides for use by certified applicators only. [Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1230, filed 10/20/99, effective 11/20/99.] Repealed by 00-22-073, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.58, 17.21 RCW.
16-228-1240 Aquatic pesticides. [Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1240, filed 10/20/99, effective 11/20/99.] Repealed by 00-22-073, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.58, 17.21 RCW.
16-228-1385 Special restrictions on the use of Compounds 1080, 1081 and phosphorus paste. [Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1385, filed 10/20/99, effective 11/20/99.] Repealed by 00-22-007, filed 10/20/00, effective 11/20/00. Statutory Authority: Chapters 15.58 and 17.21 RCW.
16-228-1580 Change of exemptions. [Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1580, filed 10/20/99, effective 11/20/99.] Repealed by 00-22-073, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.58, 17.21 RCW.
16-228-2000 Inspection and reporting criteria for complete wood destroying organism inspections. [Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-2000, filed 10/20/99, effective 11/20/99.] Repealed by 02-24-025, filed 11/27/02, effective 12/28/02. Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW.
16-228-2020 Inspection and report prerequisite to wood destroying organism treatment. [Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-2020, filed 10/20/99, effective 11/20/99.] Repealed by 02-24-025, filed 11/27/02, effective 12/28/02. Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW.
16-228-2030 Limited wood destroying organism inspections. [Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-2030, filed 10/20/99, effective 11/20/99.] Repealed by 02-24-025, filed 11/27/02, effective 12/28/02. Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW.
16-228-2040 Reporting criteria for limited wood destroying organism inspections. [Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-2040, filed 10/20/99, effective 11/20/99.] Repealed by 02-24-025, filed 11/27/02, effective 12/28/02. Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW.



--------------------------------------------------------------------------------

16-228-1010
What are the definitions that apply to this chapter?
The definitions in this section apply throughout this chapter, unless the context requires otherwise:

(1) "Agricultural commodity" means any plant, or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.

(2) "Authorized agent" is any individual who is authorized to act on behalf of a certified applicator for the purpose of purchasing pesticides.

(3) "Bait box" for rodenticides is a box constructed of durable metal, wood, plastic, or other treated material. It shall be designed to hold rodent bait securely, allow rodents to enter and leave, and prevent unauthorized individuals and nonpest domestic animals from gaining access to the bait. Baits placed in industrial, commercial or other areas that are accessible to the public shall be contained in tamper resistant bait boxes. Fragile materials are unacceptable.

(4) "Bait station" may be any location where baits are placed to allow target pests to gain access to the bait.

(5) "Blossoming plants" means:

(a) When there are five or more open blooms per square yard on average in a given field; or

(b) When there are one or more open blooms per tree or vine in an orchard or vineyard; or

(c) When there are five or more open weed blooms per square yard on average for the area being measured for groundcover in orchards or vineyards, fence lines, ditch banks, or field, vineyard or orchard edges. This definition shall not apply to plants that are not attractive to bees (e.g., lentils, hops, peas (Pisum sp.), pears (second bloom) and potatoes). For the purposes of this definition, "bloom" means a flower head, raceme or spike with one or more open flowers.

(6) "Bulk fertilizer" is a commercial fertilizer, agricultural mineral, or lime, distributed in nonpackaged form.

(7) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide which is classified by the EPA as a restricted use pesticide or by the state as restricted to use by certified applicators only.

(8) "Chemigation" means the application of any substance or combination of substances intended as a pesticide, plant or crop protectant or a system maintenance compound applied with irrigation water.

(9) A "complainant" is defined as a person who has requested an inspection of an area in which a pesticide violation is believed to have occurred.

(10) "Complete wood destroying organism inspection" means inspection for the purpose of determining evidence of infestation, damage, or conducive conditions as part of the transfer, exchange, or refinancing of any structure in Washington state. Complete wood destroying organism inspections must also include any wood destroying organism inspection that is conducted as the result of telephone solicitation by an inspector, pest control, or other business, even if the inspection would fall within the definition of a specific wood destroying organism inspection.

(11) "Controlled disposal site" means any place where solid or liquid waste is disposed of: Provided that the area has been designated as a disposal site for waste materials by the appropriate jurisdictional agency. The site must be fenced, barricaded or otherwise enclosed or attended by some person in charge to control the access of domestic animals, pets, and unauthorized persons.

(12) "Department" means the Washington state department of agriculture.

(13) "Diluent" means a material, liquid or solid, serving to dilute the pesticide product to the application rate for adequate coverage (such as water).

(14) "Director" means the director of the department or a duly authorized representative.

(15) "Dry pesticide" is any granular, pelleted, dust or wettable powder pesticide.

(16) "EPA" means the United States Environmental Protection Agency.

(17) "EPA restricted use pesticide" means any pesticide classified for restricted use by the administrator, EPA.

(18) "Fertilizer" as included in this chapter means any liquid or dry mixed fertilizer, fertilizer material, specialty fertilizer, agricultural mineral, or lime.

(19) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act as amended (61 stat. 163, 7 U.S.C. Sec. 136 et seq.).

(20) "Floor level" means the floor upon which people normally walk -- not shelves, ledges, overhead beams, tops of stacked materials, surfaces of equipment, or similar places.

(21) "Food service establishment" means any fixed or mobile restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial-feeding establishment; retail grocery; retail food market; retail meat market; retail bakery; private, public, or nonprofit organization routinely serving food; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

(22) "Fumigant" means any substance or combination of substances that produce gas, fumes, vapors, or smoke, and is used to kill pests in some kind of enclosure.

(23) "Highly toxic pesticide" for the purpose of this chapter, means any pesticide that conforms to the criteria in 40 C.F.R. Sec. 156.10 for toxicity Category I due to oral, inhalation or dermal toxicity.

(24) "Landscape application" means an application by a certified applicator of any EPA registered pesticide to any exterior landscape plants found around residential property, commercial properties such as apartments or shopping centers, parks, golf courses, schools including nursery schools and licensed day cares, or cemeteries or similar areas. This definition shall not apply to: (a) Applications made by certified private applicators; (b) mosquito abatement, gypsy moth eradication, or similar wide-area pest control programs sponsored by governmental entities; and (c) commercial pesticide applicators making structural applications.

(25) "Person" is defined as any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

(26) A "person aggrieved" by a violation is defined as a person who has reasonable grounds to believe that he or she has been subjected to harm or an unreasonable risk by such a violation.

(27) "Pollen shedding corn" means that stage of growth when ten percent or more of the corn plants in any one quarter portion of the field are showing spike anthers.

(28) "Positive identification" means a photo identification document issued by a U.S. government agency or affiliated jurisdiction (states, tribes, territories). Acceptable photo identification documents are: A driver's license, a passport, a military ID card or an immigration green card. Exception: Nonphoto identification documents may be allowed for religious groups that prohibit members from having their picture taken. In this case, two forms of identification are required, one of which must be a government issued document with a signature (e.g., Social Security card). Other nonphoto identification must identify the holder by name and address (e.g., utility bill).

(29) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of any pesticide classified by the EPA or the director as a restricted use pesticide for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned or rented by the private applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.

(30) "Private-commercial applicator" means a certified applicator who uses or supervises the use of any pesticide classified by the EPA or the director as a restricted use pesticide for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator or the applicator's employer.

(31) "Specific wood destroying organism inspection" means an inspection of a structure for purposes of identifying or verifying evidence of an infestation of wood destroying organisms prior to pest management activities.

(32) "State restricted use pesticide" means any pesticide determined to be a restricted use pesticide by the director under the authority of chapters 17.21 and 15.58 RCW.

(33) "Structural pest inspector" means any individual who performs the service of conducting a complete wood destroying organism inspection or a specific wood destroying organism inspection.

(34) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.

(35) "Waste pesticide" is any pesticide formulation which cannot be used according to label directions in Washington state because of cancellation or suspension of its federal or state registration, or deterioration of the product or its label, and any pesticide formulation whose active ingredients are not clearly identifiable because of label deterioration or because the pesticide is not stored in its original container.



[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, 16-228-1010, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, 16-228-1010, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1010, filed 10/20/99, effective 11/20/99.]




--------------------------------------------------------------------------------

16-228-1020
What are the rights of complainants?
If an inspection is conducted by the department of an area in which a pesticide violation is believed to have occurred, a complainant shall:

(1) Be promptly provided by the department, with the department's decision, as set forth in the "notice of intent to assess civil penalty and/or deny, suspend, or revoke a license," or in any document issuing a warning or determination of no action. The department will endeavor to provide notice concurrently with the department's service of the document on the alleged violator.

(2) Be entitled, upon written request to the department, to have his or her name protected from disclosure in any communication with persons outside the department and in any record published, released, or made available pursuant to chapter 17.21 RCW: Provided that in any adjudicative proceeding under chapter 34.05 RCW the identity of complainant shall be disclosed to the alleged violator upon written request of the alleged violator.

(3) Be otherwise entitled to those rights of persons aggrieved as set forth in WAC 16-228-1030 except that the complainant shall be provided, automatically without request, a copy of the final department decision.



[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, 16-228-1020, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1020, filed 10/20/99, effective 11/20/99.]




--------------------------------------------------------------------------------

16-228-1030
What are the rights of person aggrieved?
A person aggrieved shall:

(1) Be entitled to be notified promptly of any final action taken by the department concerning an investigation under chapter 17.21 RCW. The department will provide notice at the same time as a service of notice on the violator: Provided that such person has made timely written application to the department requesting such notice. Written application to the department requesting such notice shall be received no later than the date of service of a final order.

(2) Within thirteen calendar days of the date of mailing of a final order to a person aggrieved, the person aggrieved may request in writing that the director reconsider the matter, shall specify in writing why they believe the penalty decision is inappropriate, and the department will serve the request on the violator.

(3) Following the request in writing, the director will reconsider the entire matter including any written statement submitted by any party, and may adjust the penalty decision set forth in the final order if the director finds that the penalty was inappropriate.

(4) If such person is aggrieved by the director's order on reconsiderations, within twenty calendar days of service of the order he or she may request in writing an adjudicative proceeding under chapter 34.05 RCW, shall specify in writing why he or she believes the penalty decision is inappropriate, and the department shall serve the request on the alleged violator. The subject of such proceeding shall be limited to the appropriateness of the penalty decision of the director on reconsideration based on a review of the record as supplemented by any new evidence received by the presiding officer. The alleged violator shall be given notice and an opportunity to participate in the proceeding by the department. The proceeding shall be heard by a presiding officer who has not heard the adjudicative proceeding on the merits against the alleged violator. Chapter 34.05 RCW and chapter 16-08 WAC shall govern the conduct of such proceeding and any review.

(5) Upon the filing of any request for proceeding pursuant to subsection (2) of this section, any final order of the director shall be automatically stayed pending resolution of such request and expiration of any time period for pursuing additional relief. The director shall provide written notice to the alleged violator of any such resolution, thereby reinstituting the rights of the alleged violator to seek further relief.



[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, 16-228-1030, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1030, filed 10/20/99, effective 11/20/99.]




--------------------------------------------------------------------------------

16-228-1040
How soon must the department respond to a complaint?
Upon receipt of a verified report of loss as set forth in RCW 17.21.190 or alleged violation of chapters 17.21 or 15.58 RCW or the accompanying rules, the department shall initiate an investigation. Investigation of a complaint concerning immediate acute pesticide exposure to humans or animals shall be initiated immediately. Other complaint investigations shall be initiated no later than forty-eight hours after receipt of the verified report of loss.



[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, 16-228-1040, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, 16-228-1040, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1040, filed 10/20/99, effective 11/20/99.]




--------------------------------------------------------------------------------

16-228-1100
What is the basis for penalties?
For the purpose of fair, uniform determination of penalty as set forth in WAC 16-228-1110 through 16-228-1150, the director hereby declares:

(1) Regulatory action is necessary to deter violations of the pesticide laws and rules, and to educate persons about the consequences of such violation(s); and

(2) Any regulatory action taken by the department against any person who violates the provisions of chapter 17.21 RCW, chapter 15.58 RCW, and/or rules adopted thereunder shall be commensurate with the seriousness of the violation under the circumstances; and

(3) Each person shall be treated fairly in accordance with the rules set forth in this chapter.



[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, 16-228-1100, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1100, filed 10/20/99, effective 11/20/99.]




--------------------------------------------------------------------------------

16-228-1110
What are the definitions specific to penalties?
In addition to the definitions set forth in RCW 17.21.020, 15.58.030, and WAC 16-228-1010, the following shall apply to WAC 16-228-1100 through 16-228-1150:

(1) "Adverse effect(s)" means that the alleged activity actually causes, or creates the possibility of damage, injury or public health threat, to humans, animals, plants, property or the environment. In those situations involving a wood destroying organism inspection, adverse effects exist when the inspection has been performed in a faulty, careless or negligent manner.

(2) "Level of violation" means that the alleged violation is a first, second, third, fourth, or more violation(s).

(a) First violation. This means the alleged violator has committed no prior incident(s) which resulted in a violation or violations within three years of committing the current alleged violation.

(b) Second violation. This means the alleged violator committed one prior incident which resulted in a violation or violations within three years of committing the current alleged violation.

(c) Third violation. This means the alleged violator committed two prior incidents which resulted in a violation or violations within three years of committing the current alleged violation.

(d) Fourth violation. This means the alleged violator committed three prior incidents which resulted in a violation or violations within three years of committing the current alleged violation.

(e) For purposes of calculating the level of violation, prior incidents will be measured from the date that a final order or stipulated order resolved the prior violation(s), and not from the date that the incident(s) occurred.

(3) "Not probable" means that the alleged violator's conduct more likely than not would not have an adverse effect.

(4) "Probable" means that the alleged violator's conduct more likely than not would have an adverse effect.

(5) "Violation" means commission of an act or acts prohibited by chapter 17.21 RCW, chapter 15.58 RCW, and/or rules adopted thereunder.

(6) "Civil penalty" means a monetary penalty administratively issued by a regulatory agency for noncompliance with state or federal law, or rules. The term does not include any criminal penalty, damage assessment, wages, premiums, or taxes owed, or interest or late fees on any existing obligation.

(7) "Notice of Correction" means a document issued by the department that describes a condition or conduct that is not in compliance with chapter 15.58 or 17.21 RCW, or the rules adopted under the authority of chapter 15.58 or 17.21 RCW and is not subject to civil penalties as provided for in RCW 43.05.110. A notice of correction is not a formal enforcement action, is not subject to appeal and is a public record.

(8) "Notice of intent" means a document issued by the department that alleges specific violations of chapter 15.58 or 17.21 RCW, or any rules adopted under the authority of those chapters. A notice of intent is a formal enforcement document issued with the intent to assess civil penalties to the alleged violator and/or to suspend, deny or revoke the alleged violator's pesticide license.



[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, 16-228-1110, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. 01-01-058, 16-228-1110, filed 12/12/00, effective 1/12/01. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1110, filed 10/20/99, effective 11/20/99.]




--------------------------------------------------------------------------------

16-228-1115
When can the department issue a civil penalty without first issuing a notice of correction?
(1) Pursuant to RCW 43.05.100 a notice of correction may be issued by the department when they become aware of conditions and/or conduct that are not in compliance with the applicable laws and rules enforced by the department. The issuance of a notice of correction by the department shall not constitute a previous violation for purposes of WAC 16-228-1110(2), but may, at the discretion of the department, be considered as an aggravating factor for the purposes of WAC 16-228-1120(2).

(2) Prior to issuing a civil penalty for a violation of chapter 15.58 or 17.21 RCW, and the rules adopted under the authority of chapter 15.58 or 17.21 RCW the department shall comply with the requirements of RCW 43.05.110. RCW 43.05.110 provides that the department of agriculture may issue acivil penalty provided for by law without first issuing a notice of correction if: (1) The person has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (2) compliance is not achieved by the date established by the department in a previously issued notice of correction, if the department has responded to any request for review of such date by reaffirming the original date or establishing a new date; (3) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars; or (4) the violation was committed by a business that employed fifty or more employees on at least one day in each of the preceding twelve months. (continued)