ࡱ> cfb_ >Xbjbj @bbP9  jjjjj~~~8~jPVVlllGGG$l RjGGGGGjjll$---GFjljl-G---l`-:0j-  - j-GG-GGGGGQGGGjGGGG GGGGGGGGG 0: 01 DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY 026 BOARD OF PESTICIDES CONTROL Chapter 51: NOTICE OF AERIAL PESTICIDE APPLICATIONS SUMMARY: These regulations describe the notification requirements for persons contracting aerial pesticide applications to control forest, ornamental plant, right-of-way, biting fly and public health pests. Section I. Content of All Newspaper Articles/Advertisements, Written Notices to Property Owners and Posters A. All newspaper articles/advertisements and written notices to property owners required by this chapter shall contain the following: 1. Description of the target area sufficient to inform people who may be in the vicinity. 2. Name of the person who contracts for the application or her/his representative or the applicator and the address and telephone number to contact for more specific information about the intended application. 3. Intended purpose of the pesticide application. 4. Pesticide(s) to be used. 5. Date or reasonable range of dates on which application(s) are proposed to take place. 6. Telephone number of the fb88 Board of Pesticides Control. 7. Telephone number of the fb88 Poison Control Center. 8. Public precautions which appear on the pesticide label. B. All newspaper articles/advertisements must be printed in a minimum of 10 point types and at least 2 inches wide. C. All posters required by this chapter shall contain the following: 1. Name of the person who contracts for the application or her/his representative or the applicator and the address and telephone number to contact for more specific information about the intended application. 2. Intended purpose of the pesticide application. 3. Pesticide(s) to be used. 4. Telephone number of the fb88 Board of Pesticides Control 5. Telephone number of the fb88 Poison Control Center. 6. Public precautions which appear on the pesticide label. Section II. Forest Insect Applications A. Responsible Parties 1. In the event of a forest insect spray program administered pursuant to Title 12, Chapter 801, the fb88 Department of Conservation, Bureau of Forestry, is responsible for notices. 2. In the case of any other forest insect aerial spray activity, responsibility for notices lies with the landowner, her/his representative or the lessee if the land is leased. B. Newspaper Articles/Advertisements and Written Notices to Property Owners 1. An article about/advertisement of a major forest insect aerial spray application shall be published in a newspaper of general circulation in the affected area at least 14 days but not more than 30 days prior to commencement of planned spray activity. 2. An article about/advertisement of a minor forest insect aerial spray application shall be published in a newspaper of general circulation in the affected area at least 4 days but not more than 10 days prior to commencement of planned spray activity. 3. An addition of spray areas not specified in the original newspaper article/advertisement and any change from the insecticides specified in the original article/advertisement shall be published in the same newspaper at least 24 hours before the change is effected. 4. A written notice of all forest insect aerial pesticide applications shall be provided to the person(s) owning property or using residential rental, commercial or institutional buildings within 500 feet of the intended target site at least 3 days but not more than 60 days before the commencement of the intended spray applications. The notice shall contain the information required in Section I(A). For absentee property owners who are difficult to locate, certified or equivalent mailing of the notice to the address listed in the Town tax record shall be considered sufficient notice. C. Posting of Areas Subject to Major and Minor Forest Insect Aerial Spray Applications 1. A poster shall be posed conspicuously just prior to the planned spray activity and shall not be removed by the landowner or landowner's agent for at least 2 days (48 hours) after spray activity ceases. Areas that shall be posed include each major point of ingress and egress of the public into the area to be sprayed. Major points of ingress and egress include federal, state, municipal and private roads open to the public and known to be used by the public that lead into the area to be sprayed; utility crossings of these roads; known boat launching sites on rivers leading through spray areas and within the boundaries of the land owned by the person authorizing the spray activity; and marked points of access to foot trails known to be used by the public. 2. Posters shall be constructed of brightly colored, weather resistant stock and shall be at least 11 x 14 inches in size. They shall contain the information required in Section I(C). The information shall be printed in both English and French. D. Written Notice to the Board and the fb88 Poison Control Center 1. A written notice shall be given to the Board and to the fb88 Poison Control Center according to the following schedule: a. Written notice of major forest insect aerial spray applications shall be given to the Board and the fb88 Poison Control Center at least 15 days but not more than 30 days prior to the commencement of planned spray activity. b. Written notice of minor forest insect spray application shall be given to the Board and the fb88 Poison Control Center at least 5 days prior to the commencement of planned spray activity. c. Any addition of spray blocks not specified in the original notice to the Board and any change in pesticide assignments to particular blocks shall be given to the Board as soon as practicable, and in any case every reasonable effort shall be made to give notice of change to the Board prior to initiation of pesticide application. Notice under this subsection may be accomplished by telephone communication with the Board's office. 2. Notice to the Board. These notices shall be prepared on forms provided by the Board and shall consist of: a. A description of the proposed spray activity including detailed spray application maps showing sensitive areas and major public routes of ingress and egress. Use of The fb88 Atlas and Gazetteer, by DeLorme Mapping Company or some other similar atlas is the suggested format for the base map. b. The date or dates on which spraying is proposed to take place. c. The name, address, telephone number and license number of the spray contracting firm which will carry out the spray activity. d. Pesticide(s) to be used, dilution agent(s), ratio(s) and notation of any experimental applications. e. A listing of precautions taken to insure notice to the public, including copies of the newspaper notice and the poster to be used. f. The name, address and telephone number of a contact person who will be reasonably accessible by telephone and who will make reasonably current and detailed information about the project available to the Board promptly upon request. 3. Notice to the fb88 Poison Control Center. These notices shall be prepared on forms provided by the Board and shall consist of: a. A description of the general area the proposed application activity will take place. b. The date or dates on which spraying is proposed to take place. c. Pesticide(s) to be used, dilution agent(s), ratio(s) and notation of any experimental applications. d. The name, address and telephone number of a contact person who will be reasonably accessible by telephone and who will make reasonably current and detailed information about the project available to the fb88 Poison Control Center promptly upon request. Section III. Ornamental Plant Applications A. Responsible Parties The licensed applicator must provide the person contracting for services with the proper materials to provide notification according to the provisions described in this chapter. The licensed applicator must not commence spray activities until the person contracting for the services provides written proof that the notification procedures contained Section III(B) and (C) have been completed. The person who provides the notification and certifies that the requirements have been fulfilled is responsible for that notification. B. Newspaper Articles/Advertisements and Written Notices to Property Owners 1. An article about/advertisement of ornamental plant aerial pesticide applications shall be published in a paper of general circulation in the affected area at least 3 days but not more than 60 days prior to the commencement of the intended spray activity. The article/ advertisement shall contain the information required in section I(A) and (B) and shall not be limited to a legal notice. 2. A written notice of ornamental plant aerial pesticide applications shall be provided to the person(s) owning property or using residential rental, commercial or institutional buildings within 500 feet of the intended target site at least 3 days but not more than 60 days before the commencement of the intended spray applications. The notice shall contain the information required in Section I(A). For absentee property owners who are difficult to locate, certified or equivalent mailing of the notice to the address listed in the Town tax record shall be considered sufficient notice. C. Written Notice to the Board and the fb88 Poison Control Center Written notices to the Board and the fb88 Poison Control Center must be given according to Section VI of this rule (Notices to the Board and the fb88 Poison Control Center for Other Than Aerial Forest Insect Applications). Section IV. Rights-Of-Way, Forest Vegetation Management and Other Forest Pest Applications A. Responsible Parties The licensed applicator must provide the person contracting for services with the proper materials to provide notification according to the provisions described in this chapter. The licensed applicator must not commence spray activities until the person contracting for the services provides written proof that the notification procedures contained Section IV(B) and (C) have been completed. The person who provides the notification and certifies that the requirements have been fulfilled is responsible for that notification. B. Newspaper Articles/Advertisements or Written Notices to Property Owners 1. An article about/advertisement of rights-of-way, forest vegetation management or other forest pest aerial pesticide applications shall be published in a paper of general circulation in the affected area at least 3 days but not more than 60 days prior to the commencement of the intended spray activity. The article/advertisement shall contain the information required in Section I(A) and (B) and shall not be limited to a legal notice or; 2. In areas where there is no regular newspaper circulation, the person contracting for services may substitute individual notice to all landowners within 500 feet of the target site. This individual notice shall be provided to the person(s) owning property or using residential rental, commercial or institutional buildings within 500 feet of the intended target site at least 3 days but not more than 60 days before the commencement of the intended spray applications. The notice shall contain the information required in Section I(A). For absentee property owners who are difficult to locate, certified or equivalent mailing of the notice to the address listed in the Town tax record shall be considered sufficient notice. C. Posting Requirements for Rights-of-Way, Forest Vegetation Management and Other Forest Pest Aerial Applications 1. A poster shall be posed conspicuously just prior to the planned spray activity and shall not be removed by the landowner or landowner's agent for at least 2 days (48 hours) after spray activity ceases. The poster shall contain the information required in Section I(C). Areas that shall be posed include each major point of ingress and egress of the public into the area to be sprayed. Major points of ingress and egress include federal, state, municipal and private roads open to the public and known to be used by the public that lead into the area to be sprayed; utility crossings of these roads and any place a maintained public trail enters the application site. 2. Poster shall be constructed of brightly colored, weather resistant stock and shall be at least 11 x 14 inches in size. The information shall be printed in both English and French. D. Written Notice to the Board and the fb88 Poison Control Center Written notices to the Board and the fb88 Poison Control Center must be given according to Section VI of this rule (Notices to the Board and the fb88 Poison Control Center for Other Than Aerial Forest Insect Applications). Section V. Biting Fly and Public Health Pest Applications A. Responsible Parties The licensed applicator must provide the person contracting for services with the proper materials to provide notification according to the provisions described in this chapter. The licensed applicator must not commence spray activities until the person contracting for the services provides written proof that the notification procedures contained Section V(B) and (C) have been completed. The person who provides the notification and certifies that the requirements have been fulfilled is responsible for that notification. B. Newspaper Articles/Advertisements and Written Notice to Property Owners 1. An article about/advertisement of biting fly and public health pest aerial pesticide applications shall be published in a paper of general circulation in the affected area at least 3 days but not more than 60 days prior to the commencement of the intended spray activity. The article/advertisement shall contain the information required in Section I(A) and (B) and shall not be limited to a legal notice. 2. A written notice shall be provided to the person(s) owning property or using residential rental, commercial or institutional buildings within 500 feet of the intended target site at least 3 days but not more than 60 days before the commencement of the intended spray applications. The notice shall contain the information required in Section I(A). For absentee property owners who are difficult to locate, certified or equivalent mailing of the notice to the address listed in the Town tax record shall be considered sufficient notice. C. Written Notice to the Board and the fb88 Poison Control Center Written notices to the Board and the fb88 Poison Control Center must be given according to Section VI of this rule (Notices to the Board and the fb88 Poison Control Center for Other Than Aerial Forest Insect Applications). Section VI. Notices to the Board and the fb88 Poison Control Center for Other Than Aerial Forest Insect Applications A. A written notice shall be given to the Board and the fb88 Poison Control Center at least 7 days but not more than 30 days prior to the commencement of planned spray activity. B. These notices shall be prepared on forms provided by the Board and shall consist of: 1. Written notice to the Board a. A description of the proposed spray activity including detailed spray application maps showing sensitive areas and major public routes of ingress and egress. Use of The fb88 Atlas and Gazetteer, by DeLorme Mapping Company or some other similar atlas is the suggested format for the base map. b. The date or dates on which spraying is proposed to take place. c. A description of the delivery mechanism which shall include the name, address, telephone number and license number of the spray contracting firm which will carry out the spray activity. d. Pesticide(s) to be used, dilution agent(s), ratio(s) and notation of any experimental applications. e. A listing of precautions taken to insure notice to the public, including copies of the newspaper notice or the notice given to person(s) owning property or using residential rental, commercial or institutional buildings within 500 feet of the intended target site. f. The name, address and telephone number of a contact person who will be reasonably accessible by telephone and who will make reasonably current and detailed information about the project available to the Board promptly upon request. 2. Written notice to the fb88 Poison Control Center a. A description of the general area the proposed application activity will take place. b. The date or dates on which spraying is proposed to take place. c. Pesticide(s) to be used, dilution agent(s), ratio(s) and notation of any experimental applications. d. The name, address and telephone number of a contact person who will be reasonably accessible by telephone and who will make reasonably current and detailed information about the project available to the fb88 Poison Control Center promptly upon request. C. Any addition of spray blocks not specified in the original notice to the Board and any change in pesticide assignments to particular blocks shall be given to the Board as soon as practicable, and in any case every reasonable effort shall be made to give notice of change to the Board prior to initiation of pesticide application. Notice under this subsection may be accomplished by telephone communication with the Board's staff. Section VII. Emergencies A. Disease Vectors When the fb88 Center for Disease Control and Prevention (CDC) recommends control of disease vectors, government sponsored vector control programs are exempt from this chapter provided that the responsible governmental entity submits the written notice to Board and the written notice to the fb88 Poison Control Center as described in this chapter. B. Other Emergencies The Board's staff may grant an emergency variance from the notice requirements set forth in Sections III, IV, V and VI of this chapter if the notice requirements prevent efficacious application of pesticide(s) and the staff determines that an emergency situation exists. 1. An emergency situation: a. Involves the introduction or dissemination of a pest new to or not theretofore known to be widely prevalent or distributed within or throughout the United States and its territories; or b. Will present significant risks to human health; or c. Will present significant risks to threatened or endangered species, beneficial organisms, unique ecosystems or the environment; or d. Will cause significant economic loss due to: i. an outbreak or an expected outbreak of a pest; or ii. a change in plant growth or development caused by unusual environmental conditions where such change can be rectified by the use of a pesticide(s). 2. Any emergency variance granted by the staff under this section shall include provisions demonstrating the applicant will furnish substantially equivalent notification as provided by this chapter and shall include: a. Documented notification of person(s) owning property or using commercial or institutional buildings within 500 feet of the intended target site prior to the pesticide application and where appropriate; b. Radio or television announcements or, c. Prominently positioned poster. 3. No variance may be granted if the emergency situation is the result of an unjustifiable delay created by the person seeking the variance or the person requesting the pesticide application. 4. If the staff does not grant the variance, the applicator or the person requesting the pesticide application may petition the Board for exemption following the requirements set forth in 22 M.R.S.A. 1471-T, "Exemption". STATUTORY AUTHORITY: 22 M.R.S.A. 1471-G, M, R and T EFFECTIVE DATE: August 12, 1985 AMENDED: May 19, 1991 April 8, 1992 April 19, 1994 October 2, 1996 EFFECTIVE DATE (ELECTRONIC CONVERSION): March 1, 1997 AMENDED: April 14, 1998 - inserted residential rental, in II(B)(4), III(B)(2), IV(B)(2), V(B)(2), VI(B)(1)(e); conversion to MS Word 2.0. March 5, 2003 - VI(A), filing 2003-62 July 11, 2012 - spelling correction in Section II(B)(3) February 14, 2013 - spelling correction in Sections II(C)(1) and IV(C)(1) June 12, 2013 filing 2013-136 (Emergency major substantive) CORRECTIONS: February, 2014 agency names, formatting AMENDED: September 11, 2014 Section VII, filing 2014-165     01-026 Chapter 51 page page 10 8d n o HWwIGm ##L&w&|&&((,---.R.W.j.00e5549s9Z::::< =@AAeBzCC?D_D9HjH2L?LJL⹭h'h:5CJaJhh5CJaJh mh m5CJaJh6CJaJh mCJaJhCJaJh5CJaJh mh5CJaJB9:[\a b c d X Y  p@ p]^p`gdUPY p@ `^`` p@  p@ 0&dP^`0 p@ 0^`0 : ; { | j k $$ p@ 0^`0 p@ `^`` p@ p]^p`gd m p@ 0^`0 p@ p^p` UVCD p@ p^p` p@ 0^`0$$ p@ p^p`DJ{$$ p@ `]^``gd m p@ p^p` p@ 0]^`0gdUPY p@ p]^p`gdUPY p@ 0^`0 p@ `^`` JKJKBCgh p@ L@ ]L^@ `gdUPY p@ @ ^@ ` p@ p^p` p@ 0^`0$$ p@ p^p`$$ p@ 0^`0h!!I!J!!!9":"""##8$9$$$ p@ 0^`0$$ p@ p^p` p@ @ ^@ ` p@ 0^`0 p@ p^p`9$$$$$E%F%J&K&L&w&x&&&((((|* p@ p^p` p@ `^`` p@ @ ^@ ` p@ 0^`0$$ p@ @ ^@ `|*}*,,-----R.S.k.l.}0~00 p@ `^`` p@ 0]^`0gd m$$ p@ `^``$$ p@ 0^`0 p@ p^p` p@ 0^`00022`5a555u8v8/909t9u9$$ p@ p^p`$$ p@ 0^`0$$ p@ `^`` p@ p^p` p@ p]^p` p@ 0^`0 u9X:Y:Z:::::<< = =>>@@ A p@ p^p`$$ p@ p^p`$$ p@ 0^`0$$ p@ `^`` p@ 0^`0 p@ `^`` A AAAAeBfBCCtCuCCCDDE EEE4F5FDGEG3H p@ @ ^@ ` p@ `^`` p@ 0^`03H4HkHlHHH IIxIyI}J~J0L1L2LKLLL`LaLMM p@ 0]^`0gd1Em p@ `^`` p@ @ ^@ ` p@ 0^`0JLKLPL_L`LaLbLMMMM>U?UNWOWiWWWWWXXXX X X XXX.Xƻ믣뛐ume]Y]Y]Y]YQhCJaJhjhUh1EmCJaJhCJaJh9hUPYCJaJh3:CJaJh9CJaJh9h9CJaJhUPYCJaJhh5CJaJh'hg5CJaJh1Emh1EmCJaJh1EmhgCJaJh'hg67CJaJh'h5CJaJhCJaJh'h5CJaJMMMNNOOOOPPPPPPPPQQsR p@ p^p` p@ ^` p@ @ ^@ ` p@ `^`` p@ 0^`0sRtRDSESqSrSSSZT[T;UUtUuU p@ 0^`0gd9 p@ 0&dP^`0 p@ Zp]Z^p` p@ p^p` p@ @ ^@ ` p@ 0^`0uUUUUUUUUUUVVV VVVWOWWWWWWWX   (^ `(gd9 p@ 0^`0gd9XXX X X X XXXXXX9X:X;XX p@ 0^`0gd9 $&dPa$$a$.X/X4X5X7X8X;XXh1EmCJaJhhjhUh CJaJmHnHuhCJaJjhCJUaJ > 0 000P/ =!"#$% Dpf 2 0@P`p2( 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p8XV~OJQJ_HmH nH sH tH D`D NormalCJOJQJ_HmH sH tH DA`D Default Paragraph FontRiR  Table Normal4 l4a (k (No List :: TOC 8 (#$^`0.. 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