July 12, 2005

Seattle -- The Washington State Department of Agriculture has signed a settlement agreement with the Washington Toxics Coalition and People for Puget Sound that will dramatically increase protections for lakes from pesticide applications. Under the settlement agreement, WSDA will stop allowing applications of herbicides directly to lakes to occur without permit approval from the state Department of Ecology (Ecology). Private individuals will not be able to apply herbicides to lakes until Ecology establishes a new permit for this purpose.

"This agreement fixes a serious loophole that was allowing private individuals to put poisons directly in lakes that people swim in, with little opportunity for residents and others to stop harmful spraying," said Erika Schreder, staff scientist with the Washington Toxics Coalition. "Putting pesticides into lakes should be a last resort, not a common occurrence."

According to Washington State Department of Agriculture (WSDA) records, 75 separate herbicide applications were made to Lake Washington, including Portage Bay, in 2004. Many of those applications were for private homeowners.

"Salmon need clean water to thrive, and we won't have clean water as long as individuals can apply herbicides to our lakes with little or no justification," said Naki Stevens of People for Puget Sound. "We are looking forward to a new permit for aquatic herbicide use that makes sure the public is informed and can participate in decision-making."

The agreement settled a suit brought by Washington Toxics Coalition and People for Puget Sound against WSDA. The groups, represented by Richard Smith of Smith & Lowney LLC, brought suit against WSDA for failure to comply with the permit issued by Ecology for use of herbicides to control aquatic noxious weeds. WSDA had failed to comply with a number of permit requirements, and was extending its permit coverage to individuals and other entities with very little oversight.

In a signed consent decree, WSDA agreed to stop extending its permit coverage to individuals and other entities. Herbicide applications under WSDA's permit will occur only for noxious weeds of statewide significance such as Spartina and purple loosestrife. WSDA will take a number of steps to ensure that all of those applications meet the requirements of the permit. In addition, Ecology has agreed to issue a new permit for aquatic pesticide use for noxious weeds, and has already started the process of developing the permit.

Contacts:

Erika Schreder
Washington Toxics Coalition
206-632-1545 ext. 119

Naki Stevens
People for Puget Sound
206-382-7007