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, establish a schedule to determine the periods of application least harmful to living beings, and adopt rules to implement these provisions. 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. 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:
a. The willfulness of the violation.
b. The actual or potential danger of injury to the public health or safety, or damage to the environment caused by the violation.
c. The actual or potential cost of the injury or damage caused by the violation to the public health or safety, or to the environment.
d. The actual or potential cost incurred by the department in enforcing this chapter and rules adopted pursuant to this chapter against the violator.
e. The remedial action required of the violator.
f. The violator's previous history of complying with orders or decisions of the department.
The amount of the civil penalty shall not exceed five hundred dollars for each offense.
[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]
87 Acts, ch 177, § 2; 87 Acts, ch 225, § 224; 88 Acts, ch 1118, § 2; 93 Acts, ch 130, § 1
Referred to in § 206.23A
Iowa General Assembly
Search: Iowa Code 1995
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