206.19 - RULES.
206.19 RULES.
The department shall, by rule, after public hearing following due
notice:
1. Declare as a pest any form of plant or animal life or virus
which is unduly injurious to plants, humans, domestic animals,
articles, or substances.
2. Determine the proper use of pesticides including but not
limited to their formulations, times and methods of application, and
other conditions of use.
3. Determine in cooperation with municipalities, the proper
notice to be given by a commercial or public applicator to occupants
of adjoining properties in urban areas prior to or after the exterior
application of pesticides, and establish a schedule to determine the
periods of application least harmful to living beings. The rules
shall provide that a commercial or public applicator must provide
notice only if an occupant requests that the commercial or public
applicator provide the occupant notice in a timely manner prior to
the application. The request shall include the name and address of
the occupant, a telephone number of a location where the occupant may
be contacted during normal business hours and evening hours, and the
address of each property that adjoins the occupant's property. The
notification shall expire on December 31 of each year, or the date
when the occupant no longer occupies the property, whichever is
earlier. Municipalities shall cooperate with the department by
reporting infractions and in implementing this subsection.
4. Adopt rules providing guidelines for public bodies to notify
adjacent property occupants regarding the application of herbicides
to noxious weeds or other undesirable vegetation within highway
rights-of-way.
5. a. Establish, assess, and collect civil penalties for
violations by commercial applicators. In determining the amount of
the civil penalty, the department shall consider all of the following
factors:
(1) The willfulness of the violation.
(2) The actual or potential danger of injury to the public health
or safety, or damage to the environment caused by the violation.
(3) The actual or potential cost of the injury or damage caused
by the violation to the public health or safety, or to the
environment.
(4) The actual or potential cost incurred by the department in
enforcing this chapter and rules adopted pursuant to this chapter
against the violator.
(5) The remedial action required of the violator.
(6) The violator's previous history of complying with orders or
decisions of the department.
b. The amount of the civil penalty shall not exceed five
hundred dollars for each offense. Section History: Early Form
[C66, § 206.6; C71, § 206.6, 206.12; C73, § 206.12, 455B.102; C75,
77, § 206.19, 455B.102; C79, § 206.19, 455B.132; C81, § 206.19] Section History: Recent Form
87 Acts, ch 177, § 2; 87 Acts, ch 225, § 224; 88 Acts, ch 1118, §
2; 93 Acts, ch 130, § 1; 95 Acts, ch 172, § 3; 2009 Acts, ch 41, §263
Referred to in § 206.23A