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.)