Further
clarified is who is using what:
In
2012, restricted use pesticides were used on Kaua‘i by agricultural
operations (7,727 pounds and 5,892 gallons, or 13%), county
government operations (28,350 pounds and zero (0) gallons of Chlorine
Liquefied Gas for water and wastewater treatment, or 49%), and
non-government
operations for structural pest control termite treatment (25,828
pounds and 20 gallons, or 38%).
Regarding
the “right to know:”
In
the interest of protecting the health of the people and fragile
natural environment of the County of Kaua‘i, the people of the
County of Kaua‘i have the right to know what pesticides are being
used on a significant scale, and what [as opposed to the
earlier “whether or not”] genetically modified organisms are
being grown within the jurisdiction of the County of Kaua‘i. The
people of the County of Kaua‘i have the right to know the likely
potential impacts on their human health, and the health of their
environment.
A
new provision was added:
It
is the intent of the County to collaborate with the State of Hawai‘i
Department of Agriculture to support the implementation and
enforcement of this Article.
And
new definitions were added for nurse practitioners and physicians, as
well as for:
“Crop”
means a plant or product thereof that can be grown and harvested for
subsistence, profit, or research.
“Ground
cover” means small plants such as salal, ivy, ferns, mosses,
grasses, or other types of vegetation that normally cover the ground
and includes trees and shrubs less than six (6) inches in diameter.
“Significant
effect” means the sum of effects on the quality of the environment,
including actions that irrevocably commit a natural resource, curtail
the range of beneficial uses of the environment, are contrary to the
State’s environmental policies or long-term environmental goals as
established by law, or adversely affect the economic welfare, social
welfare, or cultural practices of the community and State.
In
regard to disclosure requirements, the final bill states, “all
commercial agricultural entities that purchased or used in excess of
five (5) pounds or fifteen (15) gallons of any single restricted use
pesticide during the prior calendar year to disclose the use of all
pesticides of any kind during the following calendar year.” The
first draft required disclosure the same year. Revocable permit
holders also must now be given pre-application notification.
A
new provision was added for “Pesticide Post-Application
Urgent/Emergency Care Disclosure:”
Each
commercial agricultural entity shall establish an emergency response
hotline to be made available to any licensed physician or nurse
practitioner practicing in association with a clinic, medical
facility, or emergency center. Within six (6) hours of a request from
any such licensed physician or nurse practitioner who provides a
documented medical need, the commercial agricultural entity must
provide the following information regarding all actual pesticide
applications related to the alleged incident: date; time; field
number; total acreage; trade name of pesticide used; EPA registration
number; active ingredient of pesticide used; gallons or pounds of
pesticide used; and temperature, wind direction, and wind speed at
time of pesticide application.
Annual
disclosure reports will be required for all genetically modified
organisms that are grown, with the first due on the date this
ordinance shall take effect. The crops will be identified generally,
(e.g., “GMO Corn” or “GMO Soy”) and not by specific traits,
or whether they are experimental.
The
park buffer zone was expanded to 250 feet from the 100 feet in draft
one, with the following exceptions for Kauai Coffee:
Regarding
a mature orchard, the crops of which grow in a hedge-like manner
creating a windbreak effect, if pesticide application occurs between
crop rows from a source no higher than two (2) feet from the ground,
for the purpose of eliminating weeds in the ground, then no crops may
be grown within 75 feet of any park.
As
for buffer zones around houses, no crops may be grown within 500 feet
of any dwelling, unless:
The
dwelling is owned by the landowner, and occupied by the landowner or
a family member of the landowner, and there are no other dwellings
occupied by third-parties within 500 feet of the landowner dwelling,
then there shall be no pesticide buffer zone restricting growing of
crops in proximity to the landowner dwelling; or
Regarding
a mature orchard, the crops of which grow in a hedge-like manner
creating a windbreak effect, if pesticide application occurs between
crop rows from a source no higher than two (2) feet from the ground,
for the purpose of eliminating weeds in the ground, then no crops may
be grown within 75 feet of any dwelling.
The
roadway buffer was changed significantly from “No pesticide of any
kind may be used within 100 feet of any public roadway, except that
this restriction shall not apply to any existing orchard” to:
No
crops may be grown within 100 feet of any public roadway, except that
pesticides may be used within 100 feet of any public roadway if the
commercial agricultural entity posts notification signage on land
that is adjacent to the public roadway no sooner than twenty-four
(24) hours before the scheduled application. Roadway signs shall be
located at the start and
end
of the field along the public roadway where application will occur,
shall be of a size that is legible from vehicles traveling at the
posted speed limit, and shall comply with all State of Hawai‘i
Department of Transportation requirements.
Protection
for waterways was also softened from “no pesticide of any kind may
be used” to “no crops may be grown” within 100 feet of any
shoreline or perennial waterway that flows into the ocean. The
provision does not apply to any irrigation ditch or drainage canal
that does not directly flow to the ocean.
One
addition was made to the provision mandating an Environmental and
Public Health Impacts Study:
The
EPHIS may make recommendations that include, but are not limited to,
possible actions the County may take in order to address any
significant effects, public health impacts, or both.
If
signed by the mayor, the bill will take effect nine months after its
approval, rather than the six months in draft one.
(Comments accepted at Kauai Eclectic.)
(Comments accepted at Kauai Eclectic.)
