• John Ward v. Deputy Administrator, Pesticide Control Act

    Decision Date:
    1996-05-24
    File Numbers:
    Decision Numbers:
    95/04(b)
    Third Party:
    Slocan Forest Products Ltd., Permit Holder
    Disposition:
    FOR PURPOSES OF PUBLIC NOTIFICATION AND TO BRING THE PERMIT UP TO DATE, THE PANEL ORDERS CHANGES TO THE PERMIT

    Summary

    Decision Date: May 24, 1996

    Panel: Christine Mayall, Dr. Elizabeth Keay, Jack Lapin

    This is an appeal of the Deputy Administrator’s decision granting Slocan Forest Products a Pesticide Use Permit to spray the herbicide Vision on Slocan clearcuts to curtail broad-leafed plant growth and establish “free-to-grow” conditions for conifers as required by Slocan’s cutting permit. The permit was appealed by Mr. Ward on the grounds that there were environmental and health risks from herbicide residue, inadequate public notification and information about the spraying, and improper evaluation of the spraying.

    After hearing competing expert evidence, the Board found the herbicide posed no unreasonable adverse effect. The Board held that the buffer zones and weather monitoring were satisfactory but the permit should be amended to reflect current application practices. The Board held that Slocan gave adequate public notice of the permit application, spray rates and spray application. The Board determined that spraying-date notification can not be rigidly applied since weather conditions are crucial to spraying dates. The Board held that there was insufficient evidence to find a risk from residue. The Board also held that federal regulations approve using Vision for site preparation. The Board confirmed the Deputy Administrator’s issuance of the permit but made two amendments. The appeal was dismissed.