Policy Contents:

Education will be one of the main goals of the Noxious Weed Control Board. Education efforts play an important role in the policy of the Okanogan County Noxious Weed Control Board. Every effort will be made to educate the landowner on the weeds present, importance of control, what measures should be taken, and why. The Okanogan County Noxious Weed Control Board will provide educational weed tours for interested parties/agencies. The Board will provide educational and informative pamphlets, brochures and any other materials to the public at no cost. Education and awareness will also be addressed at the County Fair Booth, and other programs the board may develop. The Okanogan County Noxious Weed Control Board will work in cooperation with the County WSU Cooperative Extension Office, when applicable, with offering re-certification classes free of charge to the public.

Plants only become problems:  When people, wildlife or other natural disturbance carry them to new environments where they have no natural enemies to keep their population at low levels. This creates an imbalance in the new environment where certain plants can easily become dominant, perhaps even a monoculture.

Weeds in general, and noxious weeds in particular, can not be controlled until all County landowners including; land developers, State, Federal and Tribal agencies, join in the effort by controlling weeds on the properties they own or manage.

Landowners and managers must also realize that simple removal of noxious weeds is not an adequate weed control method. Noxious weeds seldom cause problems until conditions are created for them to spread and become established.  Even by removing noxious weeds we may only create a new environment  for a different species  if proper re-seeding doesn't get performed. The Noxious Weed Board recognizes the importance of re-seeding controlled areas where noxious weeds have been removed, with desirable or native plants. Managing land for economic profit and production is no longer enough. We must satisfy the needs of the land as well as human need

DEFINITION and CHARACTERISTICS OF NOXIOUS WEEDS

State law (17.10 RCW) defines a "noxious weed" as  any plant which when established is highly destructive, competitive, or difficult to control by cultural or chemical practices".

Most noxious weeds are introduced species which are not native to this area. Because of this, there are very often no natural biological enemies to keep the species in check. Some of the characteristics of Noxious Weeds could be that they spread very  spread very rapidly and often produce huge quantities of seed. Small root or plant fragments from some of the perennial Noxious Weeds can start a whole new infestation. The allopathic properties of some Noxious Weeds suppress other kinds of plant growth until a monoculture of Noxious Weeds is established. Some are poisonous to humans and/or livestock.

Any Resolution of the Board must be approved as to form by the Prosecuting Attorney's office, and must include a signature line for the Prosecuting Attorney. (Minutes 5\27\92).

All news articles or interviews must be approved by the Manager and/or Weed Board. We do not accept any responsibility from publications that have not been approved by the Manager and/or the Weed Board. We will not be held accountable for any comments or interviews with any individuals/firms that are not directly related to Weed Board and staff.

The Okanogan County Noxious Weed Control Board hereby adopts their 10-year SEPA plan, 2001-2011.

Mailing of courtesy letters notifying landowner of the presence of noxious weeds on their property prior to sending a certified "Notice to Destroy Noxious Weeds letter" shall be left to the discretion of the Board and the individual inspector. Courtesy letters are not statutory required under 17.10 RCW, and therefore shall not be considered a mandatory practice prior to mailing of the certified "Notice to Destroy Noxious Weeds".

Ownership of property posted for control of noxious weeds is determined through aerial maps, deeds and title books, plat books, or other necessary aids in the Assessor's Office. This task is generally performed by the field inspector that posted the property. Mailing addresses are obtained by entering the legal description and tax or parcel number of a given piece of property into the Assessors' data base. The addresses obtained by this method are the same addresses to which the tax statements for the property are sent.

It is to this address that the "Notice to Destroy Noxious Weeds" letter is sent by certified mail. The Board shall not be held responsible for addresses which are fraudulent, incomplete, or out-of-date.

The Board shall also not be responsible for the failure of the Postal Service to follow proper mailing and/or delivery procedures. It shall be the responsibility of the landowner to maintain the proper mailing address information in the Assessor's Office. If a piece of property is sold after the owner's having been notified of the necessity for weed control, it shall be the responsibility of the landowner selling the property to notify the new owner of any pending weed control notices. The landowner selling the piece of property would also be responsible for notifying the Weed Board of the proper transfer.

In the case of the landowner whose mailing address is listed as "Not Given", the Board shall make a reasonable attempt to locate the last known mailing address, and the "Notice to Destroy Noxious Weeds" letter or the "Notice of Hearing of Lien", letter shall be sent to that address. If the Notice(s) are returned from the last known address, enforcement procedures will follow as usual, and a lien shall be filed for expense of control work, if any. The Board will not be held responsible for landowner not providing proper mailing information.

If a "notice to Destroy Noxious Weeds" letter or a "Notice of Hearing of Lien" letter is returned listed as addressee unknown, the procedure used is as follows: Check the address against record in the Weed Office. If the letter was improperly addressed as a result of a clerical error, the dates for control will be changed and the landowner will be re-posted with the proper address. If the address on the returned letter coincides with the Weed Office records, it will be checked against Assessors record once again. If the address listed on the Assessors' computer records is identical to the addresses on the returned letter, the alpha listings and property deeds will be checked to see of there has been an address change. If no change has been found in the Assessors' records, the returned tax statement file in the Treasurers' Office will be checked to determine if the tax statement sent to the same address was also returned "address unknown". If specific address information cannot be obtained from any of these methods, the Board will consider the addressee as unknown, and proceed with the weed enforcement as usual. The Board will not be responsible for incomplete mailing information.

In a case where either a certified "Notice to Destroy Noxious Weeds" letter or a "Notice of Hearing of Lien" letter is returned as "Refused", the Board shall consider the mailing of the certified letter (s) as proper notice to the landowner. The Board will not be responsible for landowners who refuse to sign for certified notices.

DUPLICATE NOTICES

It is Board procedure to mail a duplicate copy of the "Notice to Destroy Noxious Weeds" letter at the same time the Certified copy of such is mailed. The Duplicate copy is sent to the same address as the certified notice, but is sent by non-certified mail in an unmarked envelope. The Duplicate is sent to address the problem of landowners who refuse to accept certified mail, or wait until the third notice to sign for certified mail.

BILLING NOTICES

The Board reserves the right to establish a standard minimum fee of $75.00 FOR HIRED WORK, $500.00 FOR FIRST YEAR ENFORCEMENT, $1,000.00 FOR SECOND YEAR ENFORCEMENT.  A $50.00 FILING FEE WILL BE CHARGED TO THOSE LANDOWNERS THAT A LIEN IS FILED UPON.

Outstanding Liens: All unpaid Liens as of 12/31 of each year will be sent to collections as outlined in RCW 19.65.500.

Any landowner whose property is enforced for noxious weed control by the Weed Board shall be liable for not only the expenses charged the Board by the commercial applicator and/or hand-pull crew, but shall also be liable for any sundry expenses related to the enforcement action. Such charges may include: Administration charges, Postage, requested copying, Notary Public charges, film, legal fees, charges related to issuance of search warrants, filing fees and compensation for clerical and/or consultant services associated with the enforcement action.

After spray work or hand-pull work has been completed, either enforcement or hired, the invoice for the work performed will be sent to the landowner notifying the landowner that their property has been treated and that they will have fifteen days to pay for expenses involved in the control work. The Notice further explains that if the bill is not paid within the 15 day period, the Board will begin procedures for a Hearing of Lien. If the landowner has not paid at the end of the thirty days, another letter is sent to the landowner, informing him/her that they have fifteen days, to notify the Weed Board IN WRITING whether they wish to have a Hearing of Lien before the Board. If they do not request such a Hearing, their property will have a lien placed against it to recover the expense of the control work performed by the Board. The Weed Board will then follow the guidelines of the Treasurer for possible sale of the land in which has the lien.

All enforcement actions will result in filing of a lien that will be sent to the landowner after being filed with the auditor and treasurer's office.

The Manager has full authority to waive any and/or all fees at her/his discretion. These are usually addressed in the yearend reports.

The 2005 weed assessment for OCNWCB for DRY LANDS, RANGE LANDS, IRRIGATED LANDS, NON USE LANDS SHALL BE $4.74 per parcel, plus one cent per acre (with one acre minimum) on all privately owned lands. UNCLASSIFIED LANDS SHALL BE ASSESSED TEN CENTS PER ACRE (.10). STATE LANDS, which are frequently not broken into readily definable parcels, and are not in the County Assessor computer system, shall be assessed ten cents (.10) per acre. Disputed classification: parties disputing their land classification, must submit a written request to the noxious weed control board requesting a review, along with the county assessor parcel number with a full recorded legal description for the land that is in question. The adopting Resolution of the County Commissioners, 135-97, (SEE ATTACHED) is hereby incorporated into policy and procedure by reference.

If a landowner owns more than one parcel of property, but the parcels do not meet the requirements necessary for consolidation, the property owner may appeal his/her assessment level. Appeals must be made in writing, with parcel number information, to the Weed Board, and will be considered on an individual basis. If an appeal is approved by the Board; the Board will refund the applicable amount on an annual basis.

The property of the person requesting to appeal an assessment must be free of noxious weeds. The property will be inspected by Weed Board staff prior to any decision regarding assessments. The fact that a given parcel is free of noxious weeds shall not, in itself, constitute grounds to appeal an assessment.

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The weed board reserves the right to accept, deny, alter or develop any agreements that may be necessary for required weed control as outlined in RCW 17.10 and/or weed board policy. The manager has the authority to develop programs that may be necessary to assist in required weed control.

It shall be the policy of the Okanogan County Noxious Weed Control Board to assist, if so requested by the Colville Confederated Tribes and/or the Bureau of Indian Affairs, in formulating and/or implementing a mutually acceptable, comprehensive noxious weed control policy within the boundaries of the Colville Indian Reservation. The offices of the Okanogan County Noxious Weed Control Board, Colville Confederated Tribe, and the Bureau of Indian Affairs shall cooperate in securing County, State, and Federal funding for this purpose.

All work under contract with STATE or FEDERAL agencies, will have a contract drawn up outlining guidelines of work to be performed and requesting payment UPON COMPLETION OF WORK PERFORMED, PAYMENT IS EXPECTED WITHIN 30 DAYS.

It is the responsibility of the Landowner to control invasive Noxious Weeds within their boundaries. If the Landowner fails to perform Noxious Weed control, the OCNWCB reserves the right to utilize such control actions/measures necessary to accomplish control requirements as outlined in RCW 17.10

The Board may enter into reasonable agreements with agencies or individuals, especially where 4 or more adjacent Landowners wish to participate in a Noxious Weed Control Program, in order to obtain maximum results with the funding available.  . Possibly for, but not limited to, Class A and B Designate weeds. A plan shall be submitted to the weed board no later than January 2, of each year. After reviewing of the plan by the weed office staff and board members, the board reserves the right to approve, alter or reject the plan.

The Okanogan County Noxious Weed Control Board recognizes that there has not been a program to benefit the landowners within City Limits.

 If the City weed program is approved by the Manager and/or field supervisor, the weed board could offer the cities of Okanogan County a program which could include helping to develop a weed plan, and/or program and possible financial assistance, with the Weed Board matching the City funds. The Weed Board reserves the right to accept, deny, alter or develop any agreements that may be necessary for required weed control as outlined in RCW 17.10 and/or weed board policy. The manager has the authority to develop programs that may be necessary to assist in required weed control.

This notice is sent by certified mail only after a Hearing of Lien has been requested by the landowner. The letter includes allegations of fact levied against the landowner by the Board, and also gives the date, time, and location of the Hearing of Lien scheduled by the Board. A copy of the "Affidavit of Costs to be Charged Landowners/Labor Lien form and a copy of the bill for the work performed on the property are included in this mailing.

This form is sent by certified mail along with the "Notice of Hearing of Lien" letter. This is the actual Lien form which, if necessary, is eventually notarized and filed with the Auditor and the Treasurer if the Board moves to charge the landowner with the expenses involved in controlling the weed on his/her property. This form will be sent to the landowner within 90 days of the enforcement work.

THE BOARD SHALL CHARGE A $50.00 FEE FOR FILING OF THE LIENS AND SHALL collect interest at a rate of 12% per annum, or if enforcement charges have been applied, the lien fee may be waived.

ALSO WHEN A LANDOWNER FAILS TO PAY THEIR BILL, AFTER THEY HAVE SIGNED AN AGREEMENT, THE BOARD RESERVES THE RIGHT TO THEN TREAT THE BILL AS AN ENFORCEMENT ACTION AND CHARGE THE APPROPRIATE FEES.

SATISFACTION OF LIEN FORM

This form is mailed to the landowner after receipt of payment for charges occurred by the enforcement lien and interest on the lien.

AFFIDAVIT OF MAILING

The Board staff may notarize and file affidavits of mailing to verify mailing of any of the notices used in the enforcement procedure.

ISSUANCE OF INFRACTIONS-PENALTIES

The Board reserves the right to develop provisions to issue "Notice of Infractions" as outlined in Chapter 17.10 RCW (Revised), Sections 17.10.350.

Any landowner wishing to view public records of the Board such as Minutes, Lien Records, correspondences, etc., may do so in the Weed Control Office at the convenience of the Staff, after written request has been submitted to the manager, under the provisions of the public records act. Any landowner wishing to obtain copies of any material from the Weed Office must specifically request such material in writing on a form provided by the Weed Board, and shall be charged $1.00 per page requested as allowed in 42.17.300. Only materials cited in Chapter 42.17.310 RCW Public Disclosure Act shall be allowed to public perusal.

The Board reserves the right to request Search Warrants and the assistance of a Deputy Sheriff to serve such warrants if necessary. In cases involving enforcement actions, charges for issuing and serving the warrants may be included in any subsequent liens.

The Board reserves the right to have an attorney present at any Meeting, Hearing, or Hearing of Lien to represent the Board and/or Board employees. Legal affairs of the Board will generally be handled by a Deputy of the County Prosecutor's Office. The Board reserves the right to hire their own Accountant to review books, records, Grants and to help outline financial procedures or when legal direction is needed.

The Board may enter into mutual, legal signed documented agreements with Commercial Applicators. Commercial applicators will stand by their work, guaranteeing some elimination from control applications. The Board will put as much out for bid to commercial applicators as possible, when timing and planning has taken place. The Weed Board reserves the right to terminate said agreements for the performance of unsatisfactory work. The Weed Board reserves the right not to use applicator. Okanogan County Noxious Weed Control Board, may offer contract services for the hand-pulling of certain Noxious Weeds. The hand-pull crew when used will charge $12.25 per hour for supervisor and $10.25 per hour for crew members, and a $20.00 Administration charge will be applied to all bills that are sent by weed office. Those wishing to utilize the services offered by the crew shall complete a "Contractor Agreement form". 

WEED BIDS

It shall be the procedure of the Weed Board to place weed control work out to the public bid process. Each January or February the Manager shall place a legal advertisement in the County legal newspaper seeking bids for the noxious weed control work for the field season. Such bids shall be awarded in February or March. Commercial Applicators receiving such bids, will sign a contract in which terms are outlined, acknowledging Weed Board approval for vouchers take place at their monthly weed board meeting usually the fourth Wednesday of each month. Due to the fact of monthly approval, the no interest policy will be acknowledged in the contract. The weed board reserves the right to reject, terminate or modify contracts at any time for whatever reason, especially for the performance of unsatisfactory work performed.

The Board, will solicit bids for weed control work with the best estimates of the acres. Commercial applicator applicants are required to submit a copy of their Insurance coverage, current license and equipment. The advertising shall take place during the month of January or February, in the Omak-Okanogan Chronicle, The Gazette Tribune and KOMW Radio. Within this advertisement the Board Policy and Procedure restrictions shall be advertised as well. After the Weed Board review of such bids, the Weed Board shall in open public meeting award such bid to the Commercial applicator at the February or March, monthly meeting. Commercial applicators will be required to send all spray records attached to copies of invoices, (and/or bills) for each landowner, on a weekly basis, after verification of spray application has been performed and approved by Weed Inspector and/or Field Supervisor. If such spray records are not attached, the Weed Board will refuse payment until such time the records are made available to the Weed Board. Spray records will be as outlined by WSDA, with complete information on each spray record for each landowner. The Okanogan County Noxious Weed Control Board will not be held responsible for Commercial Applicator applications that do not use licensed/registered herbicides or do not follow label requirements.

HELICOPTER PROGRAM

The Okanogan County Noxious Weed Control Board will  not offer the Weed Board Helicopter but will offer the  chemical order program. The Weed Board will be responsible for the continuation of the helicopter program as costs, interest or need dictates on a yearly basis. The Weed Board will coordinate, supervise and oversee the said program. The Weed Board will be responsible for the continuation of the helicopter program as costs and interest dictate to coordinate, supervise and oversee the said program. The Weed office will be responsible for coordinating the bid information and placing the work out to bid. It will be the policy of the Noxious Weed Control Board that the aerial application will result in the control, of noxious weeds within 1 growing season of application. The Board reserves the right to hire ground applicators to perform follow up work as needed.

The OCNWCB and office staff reserves the right to refuse the helicopter program services to anyone, for whatever reason.

EXTENSIONS

Landowners may request extensions for the time required to control their noxious weeds. The Weed Board does not in any way guarantee the granting of an extension. When an extension is granted, however, it will be left to the discretion of the Manager as to the length and terms of such extension. Only the Weed Manager or Field Supervisor will grant extensions.

PROCEDURAL AMENDMENTS

The Board reserves the right to amend procedures outlined in any part of this manual. In the event that changes are made, such action will only take place at Regular Meetings of the Board, or at a Public Hearing. The Weed Board reserves the right to, in case of a Board member not being able to attend a meeting, vote by "Proxy."

1. The Board will keep a record of the Hearing, either by having a person to take written minutes of the Hearing, or by hiring a Court Reporter. The party taking the minutes shall not be involved in the Enforcement Program of the Board. It shall be left to the discretion of the Board as to who will be hired to take minutes.

2. The Prosecuting Attorney, or his Deputy, may by requested by the Board's Enforcement personnel to represent their interest at the Hearing of Lien. The Board may retain independent counsel to represent its interest at any Hearing of Lien. If the Prosecuting Attorney or his Deputy does not represent the enforcement personnel at the Hearing, the personnel may designate one of their members to serve as spokesman at the Hearing.

3. The landowner requesting the Hearing may be represented by counsel at the hearing. The landowner may only have one spokesman to represent him, either himself, his attorney, or a designate of his/her choice.

4. The spokesman for the Enforcement personnel of the landowner shall have the right to call or question witnesses, including expert, upon their behalf. Each party shall have the opportunity to question any witness called by the opposing party. The Enforcement personnel shall be required to present their case first, followed by presentation of the landowners case.

5. Witnesses shall freely be given the opportunity to state their testimony without the need for formal questioning. The spokesman shall be entitled to testify in the same fashion. Witnesses may be placed under oath at the discretion of the Board.

6. Board Members shall freely be given the opportunity to question any witness after the witness has given testimony and have been questioned by the opposing party. The Board Member shall be recognized by the Chairman before asking a question of the witness. The Chairman shall be entitled to ask questions of the witness in the same fashion.

7. The Chairman is responsible for conducting the proceedings, and may restrict the testimony and questioning to issues and facts relevant to the proceedings. A time limit may be set on testimony by the Chairman. A party or witness who refuses to comply with the Chairman's rulings or requests may forfeit his/her right to be heard and may be ejected from the hearing. A Deputy Sheriff may be summoned to remove any person who refuses to leave the Hearing Room after being requested to do so by the Board.

8. Oral findings shall be sufficient by the Board at the conclusion of any Hearing of Lien. However, it shall be the usual practices of the Board to issue a written decision within 10 working days of the hearing.

9. A landowner requesting a hearing shall be sent a copy of these guidelines before the Hearing is held. The Board may reschedule or continue any hearing to another date for good cause.

10. All hearings of Lien will be open to the public. However, the Board may retire to deliberate their decision. The Board's decision shall be recorded in written minutes or by the Court Reporter at the time of the decision. The Board may continue the announcement of their decision to another designate time.

11. The Board shall avoid discussion of the case with the enforcement personnel or the landowner once the landowner has requested a Hearing of Lien. Board Members should avoid collecting evidence on their own or visiting the enforcement site once a Hearing has been requested. Board members must comply with requirements of Chapter 42.36 regarding the Appearance of Fairness Doctrine.

12. A quorum for the purpose of conducting a Hearing of Lien shall be three Members of the Board. The Chairman, who is a voting Member of the Board, shall not vote in making a decision following a Hearing unless his vote would be required to break a tie. The Chairman shall be counted in deciding whether a quorum is present.

JAIL CREW

The Okanogan County Noxious Weed Control Board will utilize the county jail crew for special weed pulling projects along County and State roads or enforcement actions, as funding allows according to criteria set by the Okanogan County Sheriff.

GIS/GPS MAPPING SYSTEM

It shall be the policy of OCNWCB that establishing, implementing and mapping infestations, by whatever technical means are reasonable, for designate noxious weeds, will be one of the top priorities and will be utilized to its fullest.

DEFINITION OF CONTROL

Control as defined by the Okanogan County Noxious Weed Control Board is "Prevention of seed production within a growing season"

ENFORCEMENT PROGRAMS

In accordance to the General Policy of the Okanogan County Noxious Weed Control Board, the Board shall conduct an Enforcement Program for ALL CLASS A and B DESIGNATE species of noxious weeds within the County. There will be an Enforcement Charge of $500.00 charged to each parcel when a landowner fails to perform control measures, and a $1,000.00 Enforcement Charge to each parcel that has previously had a lien placed on them, (new landowners excluded) where enforcement actions have been taken. When enforcement actions are necessary on State and Federal lands, a minimum Enforcement Fee of $2,000.00 will be charged. Outstanding Liens: All unpaid Liens as of 12/31 of each year will be sent to collections as outlined in RCW 19.65.500.

Before an Enforcement action is taken, the Noxious Weed Office will attempt to contact landowners by phone, e-mail and/or letter. If no response is given from the landowner, the landowner will receive a Certified Letter with a specific date by which to respond to the Noxious Weed Office. If there is no response received by the Noxious Weed Office, Enforcement Action will be taken.

R–O–W Areas (RCW 17.10.205)

To promote fair and equitable noxious weed control the Weed Board feels all Class A, B-Designate, B, and C noxious weeds in all ROW areas, County, State, Railroad and Power line must be controlled to prevent infestation of adjoining lands. If Enforcement Action is taken, a $500.00 enforcement fee will be charged.

Gravel Pits

All Gravel Pits within Okanogan County will be considered enforceable for Noxious Weed Control.

Government Lease lands

In the case of the presence of noxious weeds on government lease lands, both the applicable agency and the lessee or agent (if known), shall receive legal notice from the Board by certified mail. If an enforcement action becomes necessary on State or Federal Lands, a $2,000.00 enforcement fee will be charged.

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Non Designated Noxious Weeds

New enforcement practices will be for those areas with an adjacent landowner that is performing control measures, and their neighbor is not. If the Weed Board is notified in writing, by a landowner with a legitimate complaint, the Board shall utilize the enforcement actions as set in RCW 17.10. A 1,000 foot buffer strip may be required on a complaint basis for non-designated weeds.

1. The complaint must be made in writing and submitted to the Noxious Weed Office.

2. An inspection of the properties in question must be made. The landowner filing the complaint must show they have been controlling their noxious weeds.

3. To attempt to insure privacy, a form letter, requesting a response by a given date, will be made to all landowners in the area. Should the landowner against whom the action is being taken fail to respond, the Noxious Weed Office will begin the legal posting process as outlined in RCW 17.10.

4. Do not attempt to involve the Noxious Weed Office in Neighbor Disputes. If the complaint is legitimate, it will be dealt with. The Noxious Weed Office will not become involved in any disputes not regarding noxious weeds.

BIOLOGICAL CONTROL

The Noxious Weed Board realizes the importance of biological control agents in the overall scheme of weed control. The Board has and will continue to release bio-control agents for various species of noxious weeds. Also, the Board has contributed toward research of bio-control agents and will continue to do so. At the present time, the Board does not feel that bio-control agents by themselves will solve the noxious weed problem in Okanogan County.

RESPONSIBILITIES OF WEED BOARD PERSONNEL

When employee(s) of the Okanogan County Noxious Weed Office are observing a herbicide application, (either hired or enforced) by a Commercial Applicator, it is not their duty or responsibility to supervise any application performed by the Commercial Applicator. Weed Board staff may assist the Commercial Applicator.

Weed Board personnel responsibilities are limited to:

     Verification of property boundaries                              Confirming application

     Verification of land ownership                               Verification of target site (s)

RIGHT OF ENTRY

Any member of the Okanogan County Noxious Weed Control Board, or any employee of the Board shall have the right to enter private property under the provisions outlined in RCW 17.10.160. Such entry shall take place only after a reasonable attempt has been made to notify the landowner of intended entry. A reasonable attempt to notify the landowner is defined by, but not limited to publication of Legal Advertisements and/or press releases prior to the beginning of the field inspection season.

PERSONNEL/EVALUATIONS

Noxious Weed Control Manager: The Noxious Weed Control Manager is an "Exempt Employee" serving "At Will" and reporting directly to the Noxious Weed Control Board. Evaluation of the Manager’s performance will be completed as follows:

• At the regular scheduled November board meeting, the Noxious Weed Board Members will receive the annual evaluation form to complete individually. At this time salary, contract and any other issues pertaining to the Noxious Weed Manager will be introduced, presented and discussed for informational purposes only.

• At a special meeting called and scheduled between the November and the December regular monthly board meetings, the Weed Board Members and the County Commissioners will collectively combine each of their separate evaluations into one summary/draft evaluation. This draft evaluation will then be presented to the Weed Board Manager to review prior to the regular December meeting.

• At the regular December Board meeting the Manager will be afforded ample opportunity to respond and discuss the summary evaluation and any unclear points brought forth in it.

• Following ample time to discuss the performance evaluation, the Manager’s contract, salary and any other issues pertaining to the Manager’s employment, the Weed Board and the County Commissioners will finalize the evaluation making any changes so dictated by the discussions. The Chairman of the Weed Board and the Chairman of the County Commissioners and the Noxious Weed Control Manager will then sign the final evaluation.

• Upon completion of a successful performance evaluation the Noxious Weed Manager position will be re-appointed, as a department head, with the department head duties/responsibilities upon recommendation by the Weed Board. If the Noxious Weed Manager is not re-appointed, the position will be advertised so it may be filled as soon as possible.

Noxious Weed Board Staff

• It is the responsibility of the Noxious Weed Control Manager to all staff under his/her supervision on an annual basis as stated in the County Personnel Manual, under the Department Head duties and responsibilities as the appointed Noxious Weed Control Manager.

• If the Weed Board or County Commissioners have questions regarding staff, they are to be discussed with the Noxious Weed Control Manger in executive session.

The Okanogan County Personnel Manual is hereby adopted by reference. The Weed Board reserves the option to amend language in the Personnel manual by Board Resolution. (minutes, 3-25-92, 4-22-92)

SPECIAL GRIEVANCE PROCEDURES

Grievance Procedures will be followed as outlined in the Okanogan County Personnel Manual. "Chain of Command/Special Grievance Procedures". Should a Board employee have a problem or a grievance, the following chain of command shall be followed by the employee.

a. Complaint should be taken to the Field Supervisor. The Field Supervisor and Manager will discuss the complaint. The Manager will then seek advice/direction from the Human Resource Director for Okanogan County.

An employee filing a grievance shall prepare documentation and evidence on their own time. No Board/County time shall be used for this purpose. The steps above are considered the proper chain of command.

WAIVER OF RESPONSIBILITY

Because of the inherent varying nature of herbicides, varying soils, plant and weather conditions, the time and manner of application, the Okanogan County Noxious Weed Control Board does not make nor give any warranties, guarantees, of agreements of any kind. Okanogan County Noxious Weed Control Board cannot and shall not be held responsible in any way for injury to crops or persons due to the misapplication of spray materials. It shall be the sole responsibility of the landowner to use proper herbicides, equipment, and recommended rates and follow all label instructions implicitly. It shall be the responsibility of the landowner to obtain proper licensing in order to purchase and apply Restricted Use materials. The board utilizes licensed commercial applicators to perform enforcement actions and other weed control. The commercial applicator under his license is responsible for appropriate spray and rates as per the labels.

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WEED MANAGEMENT CATEGORIES

In order to educate the public about the extent of various Noxious Weed problems and the long-range goals of the Board regarding different weed problems, the Board has adopted the following classification system for noxious weeds. The classification system is not intended to reflect the degree of severity or economic impact of any given weed; but rather is intended as an educational tool. Species for which the Board shall offer assistance in cost form, or those on which the Board shall conduct enforcement action upon shall be drawn from these categories. This classification system adopts the list (attached) of the State Noxious Weed Control Board.

CLASS A (ERADICATION)

Class A shall consist of those noxious weeds not native to the state that are of limited distribution or are unrecorded in the state and pose a serious threat to the state. Weeds in the Eradication category are those listed and adopted as Class A weeds by the Washington State Noxious Weed Control Board, and are currently present, or have been known to be present in the County at one time. The Okanogan County Noxious Weed Control Board reserves the right to develop and/or coordinate a control program on these weeds and could utilize enforcement actions as outlined in RCW 17.10, for MANDATORY control.

Classification of Noxious weed Species as set by the Washington State Noxious Weed Control Board are adopted and attached.

NEW INVADER CLASSIFICATION

Those noxious weeds that have not been recognized by the State Weed Board as being a Class A weed, that are new and/or established, which pose a very serious threat. The Okanogan County Noxious Weed Control Board reserves the right to develop and/or coordinate a control program on these weeds and could utilize enforcement actions as outlined in RCW 17.10, for MANDATORY control.

New Invaders in Okanogan County

         Rush Skeletonweed                       Musk Thistle (in Tunk & Methow)

          Yellow Toadflax                              Scotch Thistle (in Tunk & Methow)    

          Yellow Starthistle                           Oxeye Daisy

          Common Groundsel                      Orange Hawkweed

          Spurge Flax                                    Meadow Hawkweed

B-DESIGNATED NOXIOUS WEEDS

Noxious weeds in this category are Designated for mandatory control and can be considered enforceable in Okanogan County. These weeds are not considered wide spread and could possibly be eradicated. Control of B-Designates is considered stopping the seed production during the growing season, with the eventual goal being a reduction of the total acreage of the plant to a point where eradication is deemed possible.

B-Designate weeds in Okanogan County

                        Scotch Thistle                                             Leafy Spurge

                        Musk Thistle                                               Dalmatian Toadflax

                        Hoary Alyssum (except for E. of OK River to Ferry County)

COORDINATED WEED MANAGEMENT AREA (S)

There will be the same northern diffuse knapweed Coordinated Weed Management area this year. In an effort to contain the spread of knapweed species in area of the County where these weeds are of limited distribution, the Board shall initiate a long-term control program designed to control knapweed within defined areas and further prevent the introduction of knapweed into non-infested areas. Control of knapweed complex species shall be mandatory on all lands in the following areas in 2006. For the 2006 field season all roads within this area will be enforceable.

NORTH EAST COORDINATED AREA

                            TOWNSHIP                                                RANGE

                                    40                                                        30 & 31

                                    39                                                        30 & 31

                                    38                                                        30 & 31

                                    37                                                        30 & 31

METHOW COORDINATED WEED MANAGEMENT AREA

                              TOWNSHIP                                           RANGE

                                   31                                                         21, 22

                                   30                                                         20

Extending these areas will be Board decision at their annual Policy and Procedure meeting held in January, of each year.

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CLASS B and C NOXIOUS WEEDS

Class B and C Noxious weeds are too wide spread to be immediately controlled or eradicated in Okanogan County. They are classified as Reduction and Suppression. Landowners should concentrate initial control efforts in high priority areas such as roadways, driveways, and property boundaries.

Classification of B and C Noxious weed Species as set by the Washington State Noxious Weed Control Board are adopted.                

POISONOUS PLANTS

As the name implies, all weeds in this category are poisonous to humans, animals, or both. Weeds in this category may also be classified in other categories if such a priority exists.

                                  AQUATIC and/or RIPARIAN NOXIOUS WEEDS

Because species in this category are found in or near water, a number of special considerations need to be taken to assure that impact to sensitive areas is eliminated or minimal in scope. The Board realizes all the rules and regulations set by the Department of Ecology for the permit process to control with herbicides, therefore, the Board will work within the guidelines, putting forth the best possible effort for control of these species.

Classification of Aquatic/Riparian Species as set by the Washington State Noxious Weed Control Board are Adopted.

WEEDS WITH COMMERCIAL VALUE

Sale and distribution of Class A noxious weeds is prohibited in Washington under provisions of WAC 16-752-400, WAC’s 16-752-500 through 525, and WAC 16-752-600.

There will be no harvesting of Class A noxious weeds, unrecorded species in Okanogan County or St Johnswort in Okanogan County without an adequate plan that is accepted and approved by the Noxious Weed Board. This plan will address the prevention of off site infestations, containment and clean up of the site and any escaped noxious weeds. A permit will be required and can be obtained from the Noxious Weed Office. A permit fee will be a minimum of $500.00 plus $100.00 per acre harvesting fee.