§ 23-19.13-1. Gull control — Required.
(a) Any person, firm, corporation or government entity engaging in waste operations shall
adopt and implement a comprehensive Gull Control Program at each waste facility which
they operate. However, the provisions of this section shall not apply to any waste
facility that solely accepts waste that is non-edible for gulls. In order to achieve
the most effective results the programs may utilize one or more of the following methods
of control:
(1) Use of shellcrackers and other pyrotechnic devices;
(2) Use of plastic polym
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§ 23-19.13-1. Gull control — Required.
(a) Any person, firm, corporation or government entity engaging in waste operations shall
adopt and implement a comprehensive Gull Control Program at each waste facility which
they operate. However, the provisions of this section shall not apply to any waste
facility that solely accepts waste that is non-edible for gulls. In order to achieve
the most effective results the programs may utilize one or more of the following methods
of control:
(1) Use of shellcrackers and other pyrotechnic devices;
(2) Use of plastic polymer line and/or nets;
(3) Use of visual and auditory devices; and
(4) Use of a non-toxic and biodegradable gull repellent.
(b) The program shall be submitted to and shall meet all standards as required by the
department of environmental management, divisions of air and hazardous waste, solid
waste, and water quality and with the advice and consent of the division of fish,
wildlife and estuarine resources and shall be in compliance with the standards of
the United States department of fish and wildlife service law enforcement division
and with the advice and recommendations of the U.S. department of agriculture animal
and plant health inspection service, animal damage control to develop a customized
gull control management program.
(c) In order to obtain optimum results with respect to each program which shall be adopted
and implemented pursuant to this section, the director of the department of environmental
management, or his or her designee, is directed to perform an evaluation review of
each waste facility at intervals not to exceed six (6) months from the date of the
adoption and implementation of the program. To allow for this determination, each
waste facility must provide the director of the department of environmental management
with all relevant data required by the director that was accumulated within the six
(6) month period.