§ 23-19.13-1 - Gull control – Required.
SECTION 23-19.13-1
§ 23-19.13-1 Gull control – Required.– (a) Any person, firm, corporation or government entity engaging in wasteoperations shall adopt and implement a comprehensive Gull Control Program ateach waste facility which they operate. However, the provisions of this sectionshall not apply to any waste facility that solely accepts waste that isnon-edible for gulls. In order to achieve the most effective results theprograms may utilize one or more of the following methods of control:
(1) Use of shellcrackers and other pyrotechnic devices;
(2) Use of plastic polymer line and/or nets;
(3) Use of visual and auditory devices; and
(4) Use of a non-toxic and biodegradable gull repellent.
(b) The program shall be submitted to and shall meet allstandards as required by the department of environmental management, divisionsof air and hazardous waste, solid waste, and water quality and with the adviceand consent of the division of fish, wildlife and estuarine resources and shallbe in compliance with the standards of the United States department of fish andwildlife service law enforcement division and with the advice andrecommendations of the U.S. department of agriculture animal and plant healthinspection service, animal damage control to develop a customized gull controlmanagement program.
(c) In order to obtain optimum results with respect to eachprogram which shall be adopted and implemented pursuant to this section, thedirector of the department of environmental management, or his or her designee,is directed to perform an evaluation review of each waste facility at intervalsnot to exceed six (6) months from the date of the adoption and implementationof the program. To allow for this determination, each waste facility mustprovide the director of the department of environmental management with allrelevant data required by the director that was accumulated within the six (6)month period.