(3) location of each pesticide application, using one of the following designations:
(A) county, range, township, section, partial section;
(B) maps and/or written descriptions, which accurately identify the location;
(C) an identification system established by the Spokane Tribe, including any
numbering system identifying area locations;
(D) the legal property description.
(4) month, day and year on which the pesticide was applied; and
(5) name and certification number of each person who applied or supervised the application
of the pesticide.
(b) All such records must be maintained for a minimum of six years and shall be provided to the
Tribe’s Department of Natural Resources annually or shall upon the written request of the
Department of Natural Resources be provided within 5 days after such notice.
49-12.11 General Restrictions on Pesticide Use
Regardless whether the pesticide is or is not subject to certification:
(1) No aerial applications are allowed onto or over the Spokane Reservation without specific written
authorization of the Tribal Council, after review by the ID Team.
(2) Pesticide must not be applied in a faulty, careless or negligent manner, or in a manner that
results in drift to a non-target area.
(3) No restricted use pesticide may be applied within 150 feet of a town, school, medical facility or
home without at least 15 days advance notice to occupants. If occupants object to the pesticide
application, all reasonable efforts must be made by the certificate holder to substitute a alternative
pesticide or minimize the exposure of the objecting occupants.
(4) No pesticide of any kind may be applied within 50 feet of the perimeter of a water body, riparian
area, or wellhead protection area (except during ID Team and Tribally approved applications to
remove invasive species).
(5) No pesticide may be applied to agricultural or forestland during prescribed burning operations by
forest managers.
(6) No pesticide may be used in a manner inconsistent with its label, except:
(A) a pesticide may be applied at a dosage, concentration or frequency that is less than that
specified on the label; and
(B) a pesticide may be applied against any target pest not specified on the label is
application is to the crop, animal, or site specified on the label.
(7) No pesticide may be possessed or used which is mislabeled, adulterated, or not contained in its
original container.
(8) Possession or use of any pesticide for which federal or state registration has been cancelled or
suspended is strictly prohibited.
(9) Whenever water is being added to a pesticide spray tank from a source physically connected to
surface or ground water, a backflow protection device or air gap must be utilized to prevent water
contamination.
49-12.12 Pesticide-Fertilizer Mix Restrictions
(a) No person shall distribute, sell, and offer for sale, hold for sale, use or possess any fertilizer that
has been adulterated with a pesticide.
(b) The minimum civil fine for a violation of this Section is $500.00 and a maximum civil fine of
$5000.00 per incident.
(1) the judge shall consider all facts and circumstances of the violation when determining
the fine amount.
(2) the judge shall specifically consider the amount of material involved and the cost of
clean-up.
49-12.13 Application Equipment
(a) All pesticide application equipment must be maintained in good working conditions.
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Revised Spokane Law & Order Code, 5/14/2013