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RES 2007-13 NOXIOUS WEEDSRESOLUTION NO. 2007-13 A RESOLUTION OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, APPROVING EMERGENCY PROCEDURES FOR THE APPLICATION OF PESTICIDES FOR INVASIVE KNOTWEED ERADICATION. WHEREAS, Policy CF1.1 of the Comprehensive Plan of the City of Bainbridge Island states that the City "shall encourage protection, restoration and maintenance of existing vegetation that has environmental, wildlife habitat and aesthetic qualities, including tree groves, significant tree stands, forested hillsides, and vegetation associated with wetlands, stream corridors and riparian areas"; and WHEREAS, Policy CF1.5 of the Comprehensive Plan of the City of Bainbridge Island encourages the City to control and prevent establishment of invasive species that are destructive to forest health; and WHEREAS, several invasive knotweed species have become prevalent along public rights-of-way, in public parks, and on private property, and are threatening roadway safety and the environment; and WHEREAS, knotweed species are Class B weeds on the Washington State and Kitsap County Noxious Weed Lists and are required by law to be controlled; and WHEREAS, BIMC Chapter 16.30 contains regulations regarding pesticide use on public lands; and WHEREAS, mechanical control methods have proven ineffective and impractical for controlling and eliminating knotweed species on public lands; and WHEREAS, best management practices and best available science for the control of knotweed species currently includes relatively low toxicity methods that can only be authorized on public lands under the emergency procedures clause contained in BIMC 16.30.040; and WHEREAS, attached as Exhibit A and incorporated herein by this reference is a is a copy of a written rationale for the use of emergency procedures to control knotweed species; and WHEREAS, pursuant to BIMC 16.30.040, the director of public works has determined that the threat to public safety and the environment caused by knotweed species is an emergency situation requiring the use of pesticides not on the City's least toxic pesticide list; now, therefore, THE CITY COUNCIL OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. Emergency Procedures for Knotweed Eradication. Pursuant to BIMC 16.30.040, the emergency procedures described in Exhibit A are authorized for the control and eradication of knotweed on public lands. The Director of Public Works shall have the authority to approve the use of other products and associated best management practices consistent with this authorization. The Director of Public Works shall submit a report consistent with BIMC 16.30.080 at least annually and any time a new product is authorized for use. Section 2. Duration, Review, and Renewal. Pursuant to BIMC 16.30.040, this authorization is approved for a limited time of five (5) years, after which time the Director of Public Works shall prepare a report to the City Council regarding the effectiveness and results of the emergency procedures as well as the continued need and appropriateness of the emergency procedures. Upon the findings and recommendation of the Director of Public Works, the City Council may renew this authorization for a limited time. PASSED by the City Council this 25th day of April 2007. APPROVED by the Mayor this 26th day of April 2007. Darlene Kordonowy, Mayo ATTEST/AUTHENTICATE Rosalind D. Lassoff, CMC City Clerk FILED WITH THE CITY CLERK: April 10, 2007 PASSED BY THE CITY COUNCIL: April 25, 2007 RESOLUTION NUMBER: 2007-13 RESOLUTION 2007-13: EXHIBIT A Emergency Procedure Report Prepared, reviewed and edited by the Bainbridge Island Knotweed Working Group: Dale Spoor, Maria Mason, Deborah Rudnick, Dana Coggon, Jane Wentworth, Bobbie Morgan, Brian Stahl, Peter Namtvedt Best A. Nature of the problem, reason for the declared emergency, need to use pesticides The nature of the problem Knotweed has been identified by the Kitsap County Noxious Weed Control Board as a class B weed that is required to be controlled in Kitsap County on both public and private lands. Knotweed was first identified as a problem on BI in an article in "Scotch Broom" in 2001. Knotweed is distributed fairly widely across the Island and is becoming particularly widespread in parts of the northern end of the Island (See attached map: Knotweed Distribution). The reason for the declared emergency Knotweed has been rapidly spreading on Bainbridge Island. Left uncontrolled, knotweed quickly outcompetes native plants and can cause serious ecological impacts including loss of stream and wetland habitat and increased erosion. On Bainbridge, knotweed is growing thickly in many roadside areas and reducing visibility, and is therefore also a serious threat to roadway safety. Immediate action needs to be taken. Under the provisions of BIMC 16.30 pesticides not on the Least Toxic Products List cannot be used for control of vegetation on public lands. Section 16.30.040 Emergency Procedures needs to be invoked so that effective pesticides can be used to control knotweed. The need to use pesticides not on the Least Toxic Products List Multiple research studies and county and other programs have shown that knotweed patches larger than a few tens of square feet, such as many of those found on Bainbridge Island, cannot be successfully controlled by mechanical means. Other methods which have been tried on Bainbridge Island, such as manual cutting and bagging of the plants, are not effective because they cannot keep pace with the rate of spread and regrowth of this plant. Targeted use of herbicides in this situation is the only approach that has been shown to be practical and successful in the control and eradication of knotweed. B. The Knotweed Control Work Group has consulted with the following groups and entities: • Bainbridge Island Weed Warriors • King County Noxious Weed Control Program (Sasha Shaw) • Kitsap County Conservation District (Brian Stahl) • Kitsap County Noxious Weed Control Board (Dana Coggon) • The Washington State Department of Agriculture Knotweed Control Program (Marshall Udo, Knotweed Control Coordinator) • The Washington Toxics Coalition • The Nature Conservancy (April Johnson) • Seattle Parks and Recreation IPM Coordinator (Barbara DeCaro) Page 1 of 5 RESOLUTION 2007-13: EXHIBIT A Debbie Rudnick, Ph.D. Ecologist (10,000 Years Institute, Bainbridge Island Watershed Council) Jane Wentworth, M.S. Chair, Kitsap County Noxious Weed Control Board And in addition several website have been reviewed, including: • The Washington State Department of Ecology: http://www. ecy.wa. gov/programs/wq/pesticides/seis/risk_assess.html • The Nature Conservancy Wildlands Invasive Species Website: Knotweed Page: tncweeds.ucdavis.edu/esadocs/polybohe.html According to the information received from the above sources, the least toxic and least persistent pesticide(s) currently being used to effectively address the problem are: glyphosate either injected or used as a foliar spray, or imazapyr used as a foliar spray. Other pesticides may be used in the future based on continual assessment, current scientific data, and best management practices. The resource management community is in consensus that these are the best techniques currently available, and combinations of these approaches are being used specifically by the following: • Kitsap County Noxious Weed Control Board • King County Noxious Weed Control Program • The Washington State Department of Agriculture Knotweed Control Program • The Nature Conservancy • 10,000 Years Institute C. Description of specific pesticides to be used (Glyphosate and Imazapyr): For both of these pesticides, the assessment of the length of soil half life, toxicity, and all known potential risks is often conflicting, depending upon the source of information. These assessments also depend on the specific formulation and the surfactants used by the manufacturers. On Bainbridge Island the pesticides will be targeted at specific plants using either the foliar spray or direct injection, so that there will be minimal effect on non -target plants and minimal risk of exposure to humans. The Bainbridge Island Knotweed Working Group supports the position that if these products are used according to the manufacturer's instructions, environmental and human hazards will be minimized. Other methods and products may be used according to an assessment of the effectiveness of current practices and best available science. Glyphosate Description Glyphosate is a broad spectrum, non-selective systemic herbicide used in the control of weeds. It is transported throughout the plant where it acts on various enzyme systems, inhibiting amino acid metabolism. Page 2 of 5 RESOLUTION 2007-13: EXHIBIT A Soil half-life The MSDS sheet states that the half-life varies from 1.7 to 141.7 days. The length of soil half-life depends on a number of conditions, such as type of soil, weather, etc. It is strongly adsorbed to soil particles, which prevents excessive leaching and reduces uptake from non -target plants. In water, glyphosate is dissipated through adsorption to suspended and bottom sediments, and has a half-life of 12 days to ten weeks. Glyphosate is degraded by microbial communities into naturally occurring chemicals including carbon dioxide and inorganic phosphate. Toxicity levels The EPA classifies glyphosate as a Category 3 pesticide' and the EPA recently classified it as non -carcinogenic in humans. The formulations of glyphosate approved for use near aquatic systems, e.g. Aquamaster, may only be applied by a licensed applicator. Potential risks Like all chemicals, glyphosate can be toxic at sufficiently high exposure levels, and recorded toxic effects in humans following ingestion have included respiratory tract irritation and kidney damage. Glyphosate appears to absorb poorly through the skin. In rats and mice, acute oral LD50 (the lethal dose which causes death in half the exposed population) is 2,000 to 6,000 mg/kg. The Bainbridge Island Knotweed Working Group has discussed this, and the members are of the opinion that severe symptoms would only occur in the case of a high dose due to using the product incorrectly. ImaZMr Description Imazapyr is a non-selective herbicide used for the control of a broad range of weeds. It controls plant growth by preventing the synthesis of branched chain amino acids. It is quickly absorbed in plant tissue and can be taken up by roots: it is best used as a post emergent herbicide. Soil half-life The EPA states the half life of Imazapyr is 17 months. The Nature Conservancy website indicates a half-life from 25 days up to 141 days. Other sources vary from 2 days in water to 49 months in soil. Toxicity levels The EPA classifies Imazapyr as a Category 3 pesticide.' Most sources of information regarding toxicity indicate Imazapyr is not highly toxic if applied as directed. In the correct formulation (Habitat) it may be used near water and is not toxic to aquatic organisms. It may only be applied by a licensed applicator. The Nature Conservancy states that there is a low toxicity to animals and fish, and is degraded by sunlight in aquatic systems (half-life of 2 days). Page 3 of 5 RESOLUTION 2007-13: EXHIBIT A Potential risks Imazypyr is not a known carcinogen (Center for Ethics and Toxics: www.cetos.org). Symptoms from contact may include irritation to the eyes, skin, and respiratory system. However, according to two sources (Center for Ethics for Toxics and Alaska Community Action on Toxics), Imazapyr is a neurotoxin and can cause symptoms similar to Huntington's chorea disease. The BI Knotweed Working Group has discussed this, and the members are of the opinion that symptoms similar to those described above for Huntington's chorea disease would only occur where there was a high dosage, which would not happen if the product is used as directed. D. Application Proposed dates Dates of application depend on the method to be used, with earlier summer applications appropriate for foliar spray and late summer/early fall applications more appropriate for injection. Pesticide application dates will be chosen consistent with BMPs for most effective results. Method of application The proposed method of application will include direct injection and targeted foliar spray. The application will be in accordance to the manufacturer's instructions in order to minimize non -target effects on the environment and to minimize human exposure. Other methods may be used according to an assessment of the effectiveness of current practices and best available science. Notification and Posting Notification will be done in accordance with BIMC 16.30.060 (Public Notification). Additional educational outreach will be implemented. Steps to minimize risks All applications will be done according to the manufacturer's directions by licensed professionals to minimize any non -target effects on the environment and to minimize human exposure. E. Evaluation of alternatives To provide a local example, in the summer of 2005 Bainbridge Island volunteers spent over 100 hours to cut and bag approximately 13,000 square feet of knotweed along public roads so that city crews would not mechanically mow and thereby spread the plant. These measures did not noticeably reduce the area affected by knotweed. Given this level of effort and its results, it is infeasible to expect mechanical approaches to effectively control knotweed at an island wide scale. According to The Nature Conservancy and the Washington State Department of Agriculture, all attempts to control knotweed using only mechanical methods have been unsuccessful (except in a small patch of 50 stems or less with intensive mechanical methods). Page 4 of 5 RESOLUTION 2007-13: EXHIBIT A Integrated Pest Management (IPM) that uses best management practices, including mechanical and chemical methods to control this highly invasive plant is the best approach for knotweed on Bainbridge. Mechanical control along rights-of-way are only practical to temporarily prevent encroachment into the roadway. F. Legal requirements All applications will be done according to local, state, and federal laws. According to Chapter 17.10 of the RCW and Chapter 16-750 of the WAC, state law requires noxious weed control. The Kitsap County Noxious Weed Control Board requires control of knotweed in Kitsap County. Footnote: 'The EPA uses three Categories to describe toxicity: Category III: CAUTION signals that the product is slightly toxic to not acutely toxic. Category II: WARNING signals that the product is moderately toxic. Category 1: DANGER signals that the pesticide is extremely toxic to highly toxic Page 5 of 5