(1) If the director determines
that there exists an imminent danger of an infestation of plant
pests or plant diseases that seriously endangers the agricultural
or horticultural industries of the state, or that seriously
threatens life, health, economic well-being, or the environment,
the director shall request the governor to order emergency
measures to control the pests or plant diseases under RCW 43.06.010(13). The director's findings shall contain an
evaluation of the affect of the emergency measures on public
health.
(2) If an emergency is declared pursuant to RCW 43.06.010(13), the director may appoint a committee to advise the
governor through the director and to review emergency measures
necessary under the authority of RCW 43.06.010(13) and this
section and make subsequent recommendations to the governor. The
committee shall include representatives of the agricultural
industries, state and local government, public health interests,
technical service providers, and environmental organizations.
(3) Upon the order of the governor of the use of emergency
measures, the director is authorized to implement the emergency
measures to prevent, control, or eradicate plant pests or plant
diseases that are the subject of the emergency order. Such
measures, after thorough evaluation of all other alternatives,
may include the aerial application of pesticides.
(4) Upon the order of the governor of the use of emergency
measures, the director is authorized to enter into agreements
with individuals, companies, or agencies, to accomplish the
prevention, control, or eradication of plant pests or plant
diseases, notwithstanding the provisions of chapter 15.58 or 17.21 RCW, or any other statute.
(5) The director shall continually evaluate the emergency
measures taken and report to the governor at intervals of not
less than ten days. The director shall immediately advise the
governor if he or she finds that the emergency no longer exists
or if certain emergency measures should be discontinued.
[2003 c 314 § 6; 1991 c 257 § 21.]
NOTES:
Findings -- 2003 c 314: See note following RCW 17.24.220.