Roadside Spraying - OTC Testimony (June)

Dear Commission Members,

I am writing on behalf of Oregon Toxics Alliance (OTA) in support of the proposed ODOT Extended Pilot Project to use herbicides only as a last resort for vegetation management on state highways in Lane County and on US HWY 101 from Florence to Astoria.  OTA’s mission is to help Oregon communities find solutions to the causes and effects of toxic pollution and thereby protect human and environmental health. Our primary goal is always to prioritize the health of children as the standard by which decisions are made regarding the use of toxic chemicals and their release into the environment.

A Pilot Project proposal in Lane County and along Hwy 101 makes sense.  It is a natural enhancement of the “Roadside Vegetation Management and Last Resort Herbicide Use Policy” adopted by the Lane County Board of Commissioners in 2003.  Residents of Lane County are exceedingly proud of our prototype policy.  In fact, the Lane County Board of Commissioners has expressed their interest to work in partnership with ODOT to implement the pilot project. In addition, the ODOT proposal builds upon the integrated vegetation management policy now in place in Lincoln County. 

Essentially, these strategies replace the common “herbicides as default” method of vegetation management, and instead, prioritize mechanical and alternative options. Last Resort is based on least-toxic alternatives and, in the case of Lane County’s policy, the adoption of a limited list of herbicides based on criteria that eliminate any product known or suspected of being carcinogenic, mutagenic, persistent in the environment or highly toxic.  These products may be used as the “last resort” when other non-toxic and least invasive measures are not effective. 

OTA urges the Commissioners to approve and fully implement the proposed Herbicides as a Last Resort pilot project for the following reasons: 

Pesticides and Children’s Health 

• Research has documented many cases where pesticides/herbicides have caused harm to humans.
• A number of herbicides are known or suspected carcinogens, neurological toxicants and endocrine disruptors. 
• The scientific evidence of the endocrine disrupting mechanism of pesticides spurred Congress to mandate that the EPA further review 73 pesticides for endocrine disrupting effects.
• Medical research has found that children’s growing bodies and brains are more likely to experience long-term damage from even low levels of herbicide poisoning.
• Specific herbicides used by ODOT in Lane County recognized by the scientific community as known or suspected endocrine disruptors include:
  • Tri-Mec
  • Pathfinder
  • 2,4-D
• For the safety of children’s health chemicals should not ever be used within 300 yards of a school bus stop, a school, a daycare, a county park, or a private driveway.

Human Rights: 

• The use of herbicides in the Commons may be a violation of human rights.  We believe there are human rights implications of the use of herbicides on public roads. 
• Many Oregonians have Multiple Chemical Sensitivities or are suffering from other kinds of illnesses that can be triggered or exacerbated by exposure to herbicides: A public highway may be their only access to medical care, food and family, and the State must protect their right to public access. 

Noxious and Invasive Weeds:  

• Certain infestations may present safety hazards for drivers or be detrimental to native plant populations; however there should be a high bar to determine when an herbicide is used to control an “infestation.”
• The vast majority of noxious and invasive weeds can be treated with non-toxic, alternative methods other than chemical treatment. 
• Other weed species can be controlled in a timely and efficient way with the very limited use of a herbicide in direct application treatment in conjunction with the establishment of stable, low maintenance vegetation. 
• Oftentimes, guardrails run along waterways – streams, rivers, swales and ditches – that are environmentally sensitive areas.  Guardrails should be targeted for alternative treatments such as hot foam, mowing with special equipment, hand pulling and establishment of stable, low maintenance vegetation.  If herbicides are necessary as the last resort, products should not be used within 100 feet of a waterway.

The ODOT Extended Pilot Project is a beneficial and constructive response to the Governor’s call for a sustainable Oregon and a reduction in the use of toxic chemicals. Governments must act judiciously to protect the public and safeguard environmental health by eliminating the use of harmful chemicals wherever and whenever possible.

Thank you very much for accepting our comments.

Lisa Arkin, Executive Director
Oregon Toxics Alliance
1192 Lawrence Street
Eugene, OR  97402