(b) The minimum civil fine for a violation of this Section is $50.00.
49-12-14 Worker Protection Requirements
All federal requirements for protection of pesticide applicators and handlers must be observed by all persons
possessing and using restricted use pesticides.
49-12.15 Storage and Disposal of Pesticides
(a) Storage of Pesticides:
(1) No person shall handle, transport, display or distribute pesticides in such a manner as to
endanger the human environment, or to contaminate food, feed, or any other product that
may be transported, stored, displayed, or distributed with such pesticides.
(2) Containers of pesticides must be stored in a manner to prevent unauthorized persons or
livestock and animals from gaining entry.
(3) Warning notices, visible from any accessible direction, must be posted around all storage
areas where full or partially full or empty pesticide containers are stored. Each warning
notice must use the signal works “Warning” or “Danger – Poison,” in a size and color
readable at a distance of 25 feet.
(b) Exceptions to Storage Requirements: The provisions of this section do not apply to residential
storage of less than one-gallon liquid capacity or less than five pounds solid capacity of general use
pesticide.
(c) Disposal of partially full or empty pesticide containers must be in full compliance with all
applicable federal laws and regulations.
49-12.16 Inspections
(a) Tribal Law Enforcement, Spokane Tribal Park Rangers, the Spokane Tribe’s Environmental
Officer, and Inspectors authorized by the Director of the Department of Natural Resources may
enter onto public and private premises, at reasonable times: to observe the use and application of
pesticides; to inspect records; to inspect application equipment, storage facilities, and disposal
areas; and, to investigate complaints. Inspection may include taking photographs, recording
information, sampling soils, plants, animals, water, air and other media.
(b) In the event a landowner or occupant denies access to Tribally authorized inspectors, the Tribe
may petition the Court to order access to premises for the Tribe to exercise its valid police powers
under this Chapter.
49-12.17 Spills and Accidental Releases
(a) Any person who possesses or uses pesticides in Spokane Tribal jurisdiction is responsible for
preventing spills and accidental releases. Should such spills or releases occur, the possessor or user
must immediately notify the Tribal and BIA emergency response personnel, and must assist to the
greatest extent feasible in the immediate containment and clean-up of the spill or release; and
(b) The possessor or user of the pesticide is strictly liable for all costs associated with damage
caused by spill or release of the pesticide, including but not limited to site remediation, economic
damages, personal injury and all other damages resulting from the spill or release.
49-12.18 Strict Liability
Due to the foresee ability of harm from the improper and/or authorized use of pesticides, and/or the spill or
accidental release of pesticides, all possessors and users of pesticides will be held strictly, jointly and
severally liable for harm, without regard to causation.
Section 13 Fuel Storage Tanks
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Revised Spokane Law & Order Code, 5/14/2013