SEPA (School Environmental Protection Act)
School Pesticide Reform Coalition
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Washington
STATE SCHOOL PESTICIDE LAW
I. Restricted
Spray Zones Around School Property
Overview
Pesticides move off the target site when they are sprayed, whether inside or outside. When sprayed outside pesticides drift on to nearby property resulting in off target residues. Buffer zones can eliminate exposure from spray drift on to school property. As a result, states require buffer zones around schools. In order to adequately protect against drift, buffer zones should, at a minimum, be established in a 2 mile radius around the school’s property. Aerial applications should have a larger buffer zone, at least 3 miles encircling the school. Buffer zones should be in effect at all times of the day. It is especially important for spray restrictions to be in place during commuting times and while students and employees are on school grounds.
State Information
The state of Washington does not have any statewide requirements for restricted spray zones around school property.
II. Posting Notification Signs for Indoor Pesticide Applications
Overview
States use different approaches in providing school pesticide use information to parents, students and staff. Some forms include the posting of notification signs and/or the distribution of notices directly to the affected population. Posted notification signs warn those in the school when and where pesticides have been or are being applied. This is a vehicle for basic right-to-know if the posting occurs in an area where it is easily seen by parents, students and staff. It is important to post signs for indoor pesticide applications because of the extensive period of time students and school employees spend at school. Signs posted prior to commencement of the pesticide application, not after, are more protective. The prior notification system effectively enables people to take precautionary action. Because of the residues left behind after an application, signs should remain posted for at least 72 hours. It takes time for pesticides to start breaking down and some pesticide residues can least for weeks. Signs should also be posted at all main entrances of the building and the specific area sprayed, on the main bulletin board, and, for more comprehensive notification, in the school newspaper or on the daily announcements. Posted signs should state when and where a pesticide is applied, the name of the pesticide applied and how to get further information, such as a copy of the material safety data sheet (MSDS) and the product(s) label.
State Information
The state of Washington requires signs to be posted at the time of an indoor pesticide application and remain posted for 24 hours.
III. Posting Notification Signs for Outdoor Pesticide Applications
Overview
For a wider range of protection, states should require posting pesticide notification signs for outdoor pesticide applications as well. Students who play sports or people continually on the lawns represent a high risk when applications occur on school property. Dermal exposure can occur when a football player gets tackled, a soccer player slides to make a block or a student sits on the grass to eat lunch or watch a game. Inhalation exposure can occur when a player breathes in kicked up dust and dirt and pesticide residues. Even spectators at a game or passersby face inhalation exposure to pesticides that volatilize or vaporize off the treated area.
State Information
Washington Pesticide Application Act, section 17.21.410 of the Revised Code of Washington, requires that an individual, not just a certified applicator, that applies pesticides to the grounds of a school, nursery school or day-care center, must post indoor and outdoor signs at the time of the application and remain posted for 24 hours. Details on whom to contact for information regarding the pesticide application is included on the sign.
IV. Prior Written Notification
Overview
Written notification of pesticide use is a good way to make sure that all parents, children and staff are aware and warned of pesticide use in the schools. Limited notification-based registries is a less effective means of notifying people and does not qualify as true right-to-know because of its limited scope. Requiring that individuals place themselves on registries, sometimes only with a doctor’s letter, afford only those who already know about toxic exposure the opportunity to be informed about pesticide use in the school. Prior notification should be 72 hours in advance to make sure the information has been received, to get further information regarding the pesticide and to make arrangements to avoid the exposure, if necessary. Notification should include the name of the pesticide(s), a summary of the adverse health effects listed on the Material Safety Data Sheet (MSDS) and label, the day and time, and area of the application and how to obtain a copy of the MSDS and label.
State Information
The state of Washington requires prior notification to be given to parents and staff through a registry or universal notice 48 hours in advance.
V. Prohibitions on Use
Overview
Limiting when and what pesticides are applied in and around schools is important to the reduction of pesticide exposure. Pesticides should never be applied when students or employees are in the area or may be in the area within 24 hours of the application. Seven states specifically state restrict the type and timing of pesticides that may be used in a school. In reality, certain types of pesticides, such as carcinogens, endocrine disrupters, reproductive toxins, developmental toxins, neurotoxins, persistent compounds and substances, bioaccumulative compounds and substances, toxicity category 1 acutely toxic pesticides and ground water contaminants should not be used around children.
State Information
The state of Washington has no state laws restricting school pesticide use.
VI. Integrated Pest Management
Overview
A good integrated pest management (IPM) program can eliminate the unnecessary application of synthetic, volatile pesticides in schools. The main elements of a good IPM program include: 1) monitoring to establish whether there is a pest problem, 2) identifying the causes of the pest problem, 3) addressing the cause by changing conditions to prevent problems, 4) utilizing pest suppression techniques, if necessary, that are based on mechanical and biological controls and 5) only after non-toxic alternatives have been tried and exhausted, use the least toxic pesticide. An IPM policy should include a written policy guide and a prohibited and acceptable materials list. Material that could be considered after using other methods include boric acid and disodium octoborate tetrahydrate, silica gels, diatomaceous earth, insect growth regulators, insect and rodent baits in tamper resistant containers or for crack and crevice placement only, microbe-based insecticides, botanical insecticides (not including synthetic pyrethriods) without toxic synergists, and biological (living) control agents.
State Information
The state of Washington has no statewide law requiring implementation of Integrated Pest Management (IPM).COPY OF STATE
SCHOOL PESTICIDE LAW
Washington
School Bill: requiring posting and notification of pesticide applications
Washington
Compliance Guide for use of Pesticides at Public Schools and Licensed
Day-care Centers
Bainbridge
Island School District
Date Passed: December 1999
IPM: The districts's policy implements an ecological approach to
pest management where alternative pest control methods given priority
and chemical controls are used as a last resort.
Posting Notification Signs: Notification signs will be posted 48
hours prior to the pesticide application. Signs must remain for a minimum
of 24 hours after the application.
Prior Written Notification: Written notification of anticipated
applications shall be made available to all staff, students and parents
at the beginning of the school year, a telephone number is provided to
receive exact dates of pesticide application along with additional information.
Prohibition of Use: High hazard chemicals which include, pesticides
linked to cancer, nervous system harm, reproductive damage, or endocrine
disruption are prohibited. To ensure the prohibition of high hazard chemicals
pesticides will meet the following criteria:
a. Pesticide
is not classified as highly acutely toxic (Hazard Category I or II) by
the Environmental Protection Agency (signal word for Hazard Category I
products = DANGER; signal word for Category II products = WARNING)
b. Pesticide is not a restricted use pesticide (use of the product
is not restricted to certified pesticide applicators)
c. Known
ingredients in product have been evaluated by the U.S. EPA and found to
include no possible, probable, known or likely carcinogens;
d. Known
ingredients in product include no reproductive toxicants (CA Prop 65 list)
e. Known
ingredients in product not listed by Illinois EPA as known, probable or
suspected endocrine disrupters;
f. Known
ingredients in product include no nervous system toxicants (neurotoxic
by mode of action-defined as pesticides in the organophoshate, carbamate,
pyrethrin, and pyrethroid classes of chemical);
g. Known
ingredients have soil half-life less than 100 days;
h. Known
ingredients do not have high or very high mobility in soil;
i. Product
is not labeled as toxic to fish, birds, wildlife or domestic animals.
School Contact: Bainbridge Island School District, 8489 Madison
Ave NE, Bainbridge Island WA, 98110-2999.
Phone: (206) 780-1050
Carl
Sandburg Elementary School, Lake Washington School District
IPM: The school's IPM program gives preference to non-chemical methods
of pest control, least toxic chemicals are used only when necessary.
Posting Notification Signs: Notification signs shall be posted
72 hours in advance and remain for one week.
Prior Written Notification: Written notification will be given
at the beginning of the school year to students, staff and parents regarding
pest control activities. Universal written notification will be given
to staff, parents and students 72 hours in advance, specific criteria
is established for written notices, notification does not apply for containerized
baits. A registry of chemically sensitive students, staff and others who
wish to be informed of pesticide use will be notified two weeks in advance.
Prohibition of Use: Only least toxic pesticides will be used, this
means a pesticide for which all of the following are true:
a. Pesticide is not
classified as highly acutely toxic (Toxicity Category I) by the EPA.
b. Ingredients in product have been evaluated by the US EPA and found
to include no possible, probable, known or likely carcinogens.
c. Ingredients in product include no reproductive toxicants (CA Prop 65
list).
d. Ingredients in product not listed by Illinois EPA as known, probable
or suspected endocrine disrupters.
e. Active ingredient has extremely low or very low soil mobility.
f. Active ingredient has a soil half-life of 30 days or less (unless the
active ingredient is a mineral).
g. Product is not labeled as toxic to fish, birds, bees, wildlife, or
domestic animals.
No pesticide will
be used if the school does not have information on all pesticide ingredients.
No routinely scheduled pesticide fogging or space spraying will be done.
Insecticides will only be used in containerized baits and for spot treatments.
Other: parents, staff and neighbors of Carl Sandburg Elementary
have the right to appeal pesticide applications three days prior to its
use.
School Contact: Carl Sandburg Elementary, 12801 -84th Avenue N.E.,
Kirkland, WA. Phone: (425) 823-8670
Mercer Island School District
Date Passed: May 2002
IPM: Cultural, biological, and physical control methods shall receive
priority consideration for managing pest problems. Chemical control strategies
shall be used only where a mix of other strategies is inadequate and pest
damage is above tolerable levels.
Posting Notification Signs: Notification signs shall be posted
when the pesticide application is made and shall remain for 24 hours.
Prior Written Notification: Written notification of the school
district's IPM policy will be given to every parent and staff member at
the beginning of the school year or upon enrollment. Parents, students
and staff can request to be placed on a registry to receive 48 hours advanced
notice of a pesticide applications. These pre-notification provision do
not apply if pesticide applications are made when the school is not occupied
by students for at least 48 consecutive hours after the application or
in the event of an emergency.
Prohibition of Use: No high-hazard pesticides will be used. A pesticide
is considered to be high-hazard if one of the following is true:
a. The pesticide is classified as highly acutely toxic (Hazard
Category I or II) by the United States Environmental Protection Agency
(signal word for Hazard Category I or II products is DANGER or WARNING);
b. The pesticide is a restricted use pesticide (use of the product
is restricted to certified pesticide applicators);
c. The pesticide contains ingredients that the United States Environmental
Protection Agency has determined to be possible, probable, known, or likely
carcinogens;
d. The pesticide contains reproductive toxicants (CA Prop 65 list);
e. The pesticide contains ingredients listed by Illinois EPA as
known, probable, or suspected endocrine disrupters;
f. The pesticide contains nervous system toxicants (neurotoxics
by mode of action-defined as pesticides in the organophosphate, carbamate,
pyrethrin, and pyrethroid classes of chemicals);
g. The pesticide contains ingredients that have a soil half-life
of more than 100 days;
h. The pesticide contains ingredients that have high or very high
mobility in soil, according to Goundwater Ubiquity Score (GUS) index;
i. The pesticide is labeled as toxic to fish, birds, bees (except
products used specifically to control bees in situations where they pose
a hazard to humans), wildlife, or domestic animals.
No pesticide will be used if the district does not have information on all the pesticide's active ingredients. Fertilizers and soil amendments to be used by the district will not include those containing herbicides or moss killers. Least-toxic pesticides may be used as a last resort. These pesticides may be used if they do not constitute a high-hazard pesticide under the criteria outlined above and meet the following criteria:
j. The pesticide's
active ingredient has a soil half-life of 50 days or less (unless the
active ingredient is a mineral);
k. The pesticide's active ingredient has very low mobility in soil;
l. The pesticide is not labeled as toxic to fish, birds, bees (except
products used specifically to control bees in situations where they pose
a hazard to humans), wildlife, or domestic animals.
Other: The district Grounds Department will make every effort to
apply fertilizers to areas where staff, students, coaches or others will
not be present for at least 24 hours. Also, the district shall keep a
list of any person registered with the Department of Agriculture as "pesticide-sensitive
individuals" and will give proper notification to these people within
the designated notification area.
School Contact: Mercer Island School District, 4160 86th Ave, Se,
Mercer Island, WA 98040-4196.
Phone: (206) 236-3300
Oak
Harbor School District
Date Passed: January 2002
IPM: The school district uses preventative and non-chemical methods
of pest control first. Least toxic pesticides may be used as a
last resort.
Posting Notification Signs: Notification signs will be posted at the
time of application and shall remain for at least 24 hours, unless the
pesticide label requires a restricted entry level greater than 24 hours.
Pre-notification requirements do not apply in emergency situations and
if applications are made when the school is not occupied for 48 consecutive
hours after the application.
Prior Written Notification: the school district will give annual universal
prior notification to all parents/guardians, students and employees of
the Districts pest control policy. In addition, parents/guardians and
employees can request to be placed on a registry to receive 48 hour prior
written notification of each proposed application. Pre-notification
requirements do not apply in emergency situations and if applications
are made when the school is not occupied for 48 consecutive hours after
the application.
Prohibition of Use: No high-hazard pesticides will be used. A pesticide
is considered to be high-hazard if one of the following is true:
a.
The pesticide is classified as highly acutely toxic (Hazard Category I
or II) by the United States Environmental Protection Agency (signal word
for Hazard Category I or II products = DANGER or WARNING)
b. The pesticide is a restricted use pesticide (use of the product
is restricted to certified pesticide applicators);
c. The pesticide contains ingredients that the United States Environmental
Protection Agency has not evaluated and determined to contain no possible,
probable, known or likely carcinogens;
d. The pesticide contains reproductive toxicants (CA Prop 65 list);
e. The pesticide contains ingredients listed by Illinois EPA as
known, probable or suspected endocrine disrupters;
f. The pesticide contains nervous system toxicants (neurotoxic
by mode of action--defined as pesticides in the organophosphate, carbamate,
pyrethrin, and pyrethroid classes of chemicals)
g. The pesticide contains ingredients that have a soil half-life
of more than 100 days
h. The pesticide contains ingredients that have high or very high
mobility in soil, according to Groundwater Ubiquity Score (GUS) Index;
i. The pesticide is labeled as toxic to fish, birds, bees (except
products used specifically to control bees in situations where they pose
a hazard to humans), wildlife, or domestic animals.
No pesticides will be used if the District does not have information on
all the pesticide's active ingredients.
Routinely scheduled pesticide applications and indoor fogging and space
spraying are prohibited.
Least-Toxic Pesticides may be used as a last resort, these are pesticides
meeting the following criteria:
j. The pesticide's active ingredient has soil half-life of 30 days
or less (unless the active ingredient is a mineral);
k. The pesticide's active ingredient has extremely low or very
low mobility in soil;
l. The pesticide is not labeled as toxic to fish, birds, bees (except
products used specifically to control bees in situations where they pose
a hazard to humans), wildlife, or domestic animals.
Other: The district Grounds Department will make every effort to apply
fertilizers to areas where staff, students, coaches or others will not
be present for at least 24 hours.
School Contact: Oak Harbor School District, 350 South Oak Harbor
Street, Oak Harbor, WA 98277-5015.
Phone: (360) 279-5006
Olympia
School District
Date Passed: August 1995
IPM: The districts policy requires schools to consider all pest
management options including non-chemical methods and no action. If a
pesticides will be used, the least toxic effective material will be applied.
Posting Notification Signs: Notices will be posted in "designated
areas" 48 hours prior to an application.
Prior Written Notification: The staff and students will be notified
48 hours prior to applications, via written notices. When school is not
in session, treated areas will be posted.
Prohibition of Use: No pesticide or herbicide is to be applied
in the District without prior approval from the Director of Facilities
and Operations or the Director of Vocational Education. No pesticide or
herbicide is to be applied on a preset schedule.
Other: All efforts will be made to avoid the use of pesticides
on days when schools are in session.
School Contact: Olympia School District, 1113 Legion Way Se, Olympia,
WA 98501-1697.
Phone: (360) 753-8850
Lincoln Elementary,
Olympia School District 111
Date Passed: 1999
IPM: The school adopted a zero pesticide policy in which, only
organic fertilizers are used.
Other: For
sign posting requirements, prior notification and prohibitions of use
see the school district's policy above.
School Contact: Lincoln Elementary, 213 21st Ave. SE, Olympia,
WA 98501-2927. Phone: (360) 753-8967
Seattle
School District
Date
Passed: August 1999
IPM: The school's policy requires use of non-chemical pest control
tactics and the "judicious use of pesticides."
Posting Notification Signs, Indoor Use: Notification signs shall
be posted at least 48 hours in advance and remain 48 hours after the application,
the school is not responsible for removed or damaged signs.
Posting Notification Signs, Outdoor Use: Notification signs shall
be posted according to Washington State Law RCW 17.21.410
Prior Written Notification: At the beginning of the school year,
parents shall receive information about the school's IPM program. Parents
and staff can request to be placed on a registry for prior notification
which will be given 48 hours in advance or the day preceding a weekend
or vacation.
Prohibition of Use: Privately acquired pest control sprays are
prohibited.
Other: The Director of Logistics and the school principal shall
determine what chemical products are used.
School Contacts: Johnny Burrow: jburrow@seattleschools.org, John
Bussier: jbussier@seattleschools.org,
Mary Jo DeBeck: mdebeck@seattleschools.org, Theresa Salmon: tsalmon@seattleschools.org
Seattle School District, 815 4th Ave N, Seattle WA, 98109-3902. Phone:
(206) 252-0100
Sedro-Woolley
School District No. 101
Date Passed:
May 2001
IPM: The school districts IPM policy gives priority to non-chemical
methods and uses least-toxic pesticides as a last resort.
Posting Notification Signs: Notification signs shall be posted
a minimum of 48 hours in advance and remain posted for a week or longer,
signs must meet specific criteria. If immediate action is required,
signs will be posted prior (no time specified) to the application.
Prior Written Notification: Applications of less than 200 square
feet require written notification to staff and sent home with students;
this does not apply to containerized baits.
Prohibition of Use: High hazard chemicals as defined in the school's
policy, are prohibited:
a. The pesticide is classified as highly acutely toxic (Hazard Category
I or II) by the United States Environmental Protection Agency (signal
word for Hazard Category I or II products = DANGER or WARNING)
b. The pesticide is a restricted use pesticide (use of the product
is restricted to certified pesticide applicators);
c. The pesticide contains ingredients that the United States Environmental
Protection Agency has not evaluated and determined to contain no possible,
probable, known or likely carcinogens;
d. The pesticide contains reproductive toxicants (CA Prop 65 list);
e. The pesticide contains ingredients listed by Illinois EPA as
known, probable or suspected endocrine disrupters;
f. The pesticide contains nervous system toxicants (neurotoxic
by mode of action--defined as pesticides in the organophosphate, carbamate,
pyrethrin, and pyrethroid classes of chemicals)
g. The pesticide contains ingredients that have a soil half-life
of more than 100 days
h. The pesticide contains ingredients that have high or very high
mobility in soil, according to Groundwater Ubiquity Score (GUS) Index;
i. The pesticide is labeled as toxic to fish, birds, bees (except
products used specifically to control bees in situations where they pose
a hazard to humans), wildlife, or domestic animals.
No pesticides will be used if the District does not have information on
all the pesticide's active ingredients.
Fertilizers containing herbicides and moss killers are prohibited. Routinely
scheduled pesticide applications, fogging, space spraying and pesticides
used for aesthetic purposes (except fertilizers) are prohibited. Least-Toxic
Pesticides may be used as a last resort, these are pesticides meeting
the following criteria:
j. The pesticide's active ingredient has soil half-life of
30 days or less (unless the active ingredient is a mineral);
k. The pesticide's active ingredient has extremely low or very
low mobility in soil;
l. The pesticide is not labeled as toxic to fish, birds, bees (except
products used specifically to control bees in situations where they pose
a hazard to humans), wildlife, or domestic animals.
Other: the Director of Maintenance (Mike Riddle) is responsible
for final approval of all pesticide applications.
Contact: Darrell Heisler, Executive Director of Human Resources,
Supervisor to the Director of Maintenance
Email: dheisler@swsd.k12.wa.us, Phone: (360) 855-3500
Sedro-Woolley School District, 801 Trail Road, Sedro-Woolley, WA 98284-9387
Shoreline
School District
Date Passed: March 1999
IPM: The school's IPM program favors non-chemical methods of pest
control, least-toxic chemicals are used as a last resort. "To the
fullest extent possible chemical pest control activities will not be carried
out while students are present."
Posting Notification Signs, Indoor Use: Signs will be posted and
removed the following day.
Posting Notification Signs, Outdoor Use: Signs will be posted and
removed the following day, flags will be placed on fields that were sprayed.
Prior Notification: "Tenants" will be notified, prior
notification is limited to "legally prescribed time limits,"
Other: Parents, staff and the public may appeal (in writing) the
use of pesticides 72 hours prior to its application.
School Contact: Shoreline School District, 18560 1st Ave NE, Shoreline,
WA 98155-2118.
Phone: (206) 361-4203
Vancouver
School District
Date Passed: March 2002
IPM: The school's IPM program gives preference to preventative
and non-chemical methods, uses least-toxic pesticides as a last resort.
Posting Notification Signs, Indoor Use: Notification signs will
be posted at the main entrance and other "strategic" places
48 hours in advance, signs will remain for at least a week.
Posting Notification Signs, Outdoor Use: Notification signs will
be posted in noted areas 48 hours in advance, and are required to remain
for at least one week, specific criteria for signs.
Prior Written Notification: Annual notification of the IPM policy
given to students, staff and parents, written notification sent home with
students 48 hours in advance (exceptions apply).
Prohibition of Use: No high hazard chemicals will be used, except
as a last resort. High hazard chemicals are defined as:
a. The pesticide
is classified as highly acutely toxic (Hazard Category I or II) by the
United States Environmental Protection Agency (signal word for Hazard
Category I or II products = DANGER or WARNING);
b. The pesticide is a restricted use pesticide (use of the product
is restricted to certified pesticide applicators);
c. The pesticide contains ingredients that the United States Environmental
Protection Agency has not evaluated and determined to contain no possible,
probable, known or likely carcinogens;
d. The pesticide contains reproductive toxicants;
e. The pesticide contains ingredients that are known, probable or
suspected endocrine disrupters;
f. The pesticide contains nervous system toxicants;
g. The pesticide contains ingredients that have a soil half-life
of more than 100 days; or
h. The
pesticide contains ingredients that have high or very high mobility
in soil according to the Groundwater Ubiquity Score (GUS) Index.
No pesticide will
be used if the district does not have information on the pesticide's active
ingredients.
School Contact: Vancouver Public Schools, 2901 Falk Road, Vancouver,
WA 98661-5683. Phone: (206) 361-4203
Vashon
Island School District
Date Passed:
Vashon Island School District has created this DRAFT for implementing
an IPM policy. The Washington Toxics Coalition (see contacts for local
organizations) is helping this school district adopt an official policy.
IPM: The district's policy states alternative pest controls shall
be implemented before using chemical controls.
Posting Notification Signs: Notification signs will be posted 48
hours in advance except in emergencies. In an emergency, signs still will
be posted.
Prior Written Notification: The Saftey Officer will provide written
notification to all staff, students and parents regarding anticipated
applications at the beginning of the school year. A telephone number shall
be made available with exact information about weekly applications.
School Contact: Vashon Island School District, 20414 Vashon Hwy
SW, Vashon Island WA, 98070-6503.
Phone: (206) 463-6000
Other Schools with IPM/Notification Policies:
North Thurston School District
CONTACTS FOR LOCAL ORGANIZATIONS
Community
Coalition for Environmental Justice
105 4th
Avenue
Suite 2-D
Seattle, WA 98122
Telephone: (206) 720-0285
Email: justice@ccej.org
http://www.ccej.org/
Northwest
Coalition for Alternatives to Pesticides (NCAP)
PO Box 1393
Eugene OR 97440-1393
Telephone: (541) 344-5044
Email: info@pesticide.org
http://www.pesticide.org
Washington Toxics Coalition
Angela Storey
4649 Sunnyside Ave. N, Suite 540-East
Seattle, WA 98103
Phone: (206) 632-1545
Fax: (206) 632-8661
Email: astorey@watoxics.org
www.watoxics.org
For more contacts for local organizations, visit our Links
to Local Organizations.
For more information contact Michele Roberts, Program Director,
Beyond Pesticides, 701 E Street, S.E., Suite 200, Washington, DC, 20003, mroberts@beyondpesticides.org