July 2, 1998
Right-to-Know Victory in North Carolina
In June 1998, a coalition of citizens' groups reached an
agreement with North Carolina's largest utility companies on
notification and the right to refuse herbicide applications
on electric utility easements. The agreement came after
months of negotiation over the industry's growing practice of
using chemicals to keep trees from growing into power lines.
The citizens' coalition, led by the Agricultural Resources
Center, includes the Blue Ridge Environmental Defense League,
Conservation Council of North Carolina, MooreForce, the
Southern Environmental Law Center (SELC) and a dozen
individual petitioners. Attorney Trip van Noppen of SELC
represented the petitioners.
In October 1997, the coalition petitioned the North Carolina
Pesticide Board to require utility companies to obtain
permission from landowners to use herbicides on private
property. The companies asserted that the easement agreements
that allow utilities to maintain their rights-of-way made it
unnecessary for them to seek any additional approvals. The
Pesticide Board instructed the two sides to develop an
alternative agreement that would satisfy all parties.
The resulting accord affects the way utilities maintain an
estimated 75,000 miles of power line rights-of-way. As part
of the agreement, at least once each year for the five year
life of the agreement, power companies will include
information in electric bills describing their spraying
program and explaining how customers can ask for no chemicals
to be used on their property. If people object to spraying,
the companies will use alternatives such as chain saws and
mowers.
Allen Spalt of the Agricultural Resources Center called the
agreement "a great victory for the public's right-to-know."
But he acknowledged that there are flaws. For example,
companies are not required to notify residents exactly when
and where they will spray. In addition, because it is a
private agreement, state regulators cannot enforce it.
"Provisions for enforcement are very weak, there's no doubt
about that," Spalt said. "Implementation of this will depend
on their goodwill and our vigilance in monitoring what goes
on."
Highlights of the agreement include:
Notice: All customers of the utilities will receive notice of
use of herbicides on rights of way through bill inserts.
Utilities commit to providing further information, including
pesticide labels and Material Safety Data Sheets, contact
person and a web site.
Right of refusal: All people in the state, not just the
petitioners, can now refuse to have herbicides sprayed on
their property. The agreement also applies to contractors
hired by the utilities and not just utility company
employees. Utility companies also agreed that customers
requesting alternative maintenance would not incur additional
charges.
Posting: The agreement provides that customers who refuse
herbicide use should post their easement with signs that will
be made available by the utility company at no more than the
cost of the signs. Posting should help field crews avoid
spraying restricted areas.
Organic farms: The agreement provides for utilities to
consult with
Carolina Farm Stewardship Association (the largest private
certifier of organic farms in the Carolinas) and organic
farmers about spraying practices that may jeopardize
certification. The coalition hopes that this may provide an
extra measure of protection for organic farms.
Sources: Agricultural Resources Center press release, June 9,
1998. Charlotte Observer, June 10, 1998. News & Observer,
June 10, 1998. Chapel Hill Herald, June 12, 1998.
Contact: Agricultural Resources Center, 115 West Main Street,
Carrboro, NC 27510; phone (919) 967-1886; fax (919) 933-4465;
email aspalt@mindspring.com; web site
sunsite.unc.edu/arc/row.htm.
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