(1) All state agencies, municipal corporations, and public utilities or any other governmental agencies are subject to this chapter and its rules.

     (2) It is unlawful for any employee of a state agency, municipal corporation, public utility, or any other government agency to use or to supervise the use of any restricted use pesticide, or any pesticide by means of an apparatus, without having obtained a public operator license from the director. Application for a public operator license must be accompanied by a fee of thirty-three dollars. The fee does not apply to public operators licensed and working in the health vector field. The public operator license is valid only when the operator is acting as an employee of a government agency.

     (3) The jurisdictional health officer or his or her duly authorized representative is exempt from this licensing provision when applying pesticides that are not restricted use pesticides to control pests other than weeds.

     (4) Agencies, municipal corporations, and public utilities are subject to legal recourse by any person damaged by such application of any pesticide, and action may be brought in the county where the damage or some part of the damage occurred.

[2008 c 285 § 26; 1997 c 242 § 17; 1994 c 283 § 25; 1993 sp.s. c 19 § 9; 1991 c 109 § 37; 1989 c 380 § 53; 1986 c 203 § 11; 1981 c 297 § 24; 1971 ex.s. c 191 § 7; 1967 c 177 § 13; 1961 c 249 § 22.]

NOTES:

     Effective date -- 2008 c 285 §§ 15-26: See note following RCW 15.58.070.

     Intent -- Captions not law -- 2008 c 285: See notes following RCW 43.22.434.

     Effective date -- 1997 c 242: See note following RCW 15.58.070.

     Severability -- 1986 c 203: See note following RCW 15.17.230.

     Severability -- 1981 c 297: See note following RCW 15.36.201.