Will Challenge State Pesticide Permit

March 30, 2006

Seattle -- The Washington Toxics Coalition announced today that it has filed an appeal of Washington state's permit to regulate the use of pesticides in Washington lakes.  The group alleges that the newly issued Department of Ecology permit fails to adequately protect water quality, wildlife, and public health from dangerous pesticides in violation of the federal Clean Water Act and Washington state law.  Pesticides are used directly in lakes to kill aquatic plants.

"With summer almost here, the public needs lakes to be safe for swimming, fishing, and boating, not polluted with pesticides," said Ivy Sager-Rosenthal, environmental health advocate for the Washington Toxics Coalition (WTC).  "It is Ecology's job to make sure that plants and algae in lakes are controlled in the most effective and least harmful way, after considering input from the surrounding communities.  Unfortunately, this permit makes it impossible for Ecology to do that."

Ecology agreed to issue the new permit as part of a 2005 court settlement between WTC and the Washington State Department of Agriculture, the agency that had prior responsibility for administering the permit.  In the fall of 2004, WTC sued WSDA for violations of the permit.  As part of the settlement, Ecology agreed to issue a new aquatic herbicide permit and take control of the program from WSDA.

The new permit fails to improve on the previous permit, which led to increased pesticide use on lakes such as Lake Washington and Lake Sammamish.  The appeal, filed with the Pollution Control Hearings Board, alleges Ecology's permit violates both the federal Clean Water Act and Washington state law because it:

1. Removes frequent Ecology oversight of pesticide applications by allowing applicators to spray pesticides for five years without reapplying for permit coverage, instead of every year as required under the old permit. As a result, the state and members of the public will not have the most current information on the status of the lakes, vegetation, and impacts of previous pesticide applications when making decisions to apply pesticides.
2. Eliminates important planning requirements that ensure the most effective and least harmful method of control is used. By not requiring these plans as a condition for permit coverage, Ecology will not be able to deny permit coverage where alternatives to spray exist.
3. Severely limits opportunities for public participation in decisions to use pesticides. People who live on or near lakes have a stake in decisions on chemical use in the lake, but are often excluded from decision-making.  This permit perpetuates this problem.

WTC is represented in its appeal by Richard A. Smith of Smith & Lowney, PLLC.

Contact:

Ivy Sager-Rosenthal
Washington Toxics Coalition
206-632-1545 ext. 122