CHAPTER Pes 1000
RESTRICTIONS ON THE USE OF PESTICIDES TO PROTECT GROUND AND SURFACE
WATERS
PART
Pes 1001 PESTICIDE APPLICATION ALONG
SHORELINE OF SURFACE WATERS
Pes 1001.01 Restrictions on Pesticide Use by
Residential Property Owners, Private Applicators and Commercial Applicators. No residential property owner, private
applicator, or commercial applicator shall apply pesticides to ground, turf, or
established vegetation within the following distances of the reference line of
those waters not covered by RSA 483-B “The Comprehensive Shoreland Protection
Act”:
(a)
Within 25 feet as it pertains to surface waters; and
(b)
Beyond 25 feet in such a manner or by such methods that would result in
the presence of pesticides within 25 feet of the reference line of any surface
waters.
Source. #5701, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #7553, eff 9-5-01; ss by #8131, eff 8-13-04; ss by #9712-B, eff 5-11-10;
ss by #10333, eff 5-10-13
Pes 1001.02 Pesticide Applications Within 25 Feet of
the Reference Line. The restrictions
in Pes 1001.01 shall not apply to the following:
(a)
Pesticide applications inside structures provided there is no soil
contact or soil incorporation;
(b) Pesticide applications to control
termites provided the applicator is in possession of a special permit issued by
the division in accordance with the provisions of Pes 502.04;
(c)
Pesticide applications which are subject to prior approval of the
division through issuance of a special permit where distances from surface
water are determined on a case by case basis; and
(d)
Pesticide applications to control vegetation along the embankments of sewage
lagoons of wastewater treatment facilities.
Source. #5701, eff 9-17-93; ss by #6316, eff 8-13-96;
amd by #6944, eff 2-24-99; amd by #7078, eff 8-25-99; ss by #7553, eff 9-5-01;
ss by #8131, eff 8-13-04; ss by 9219, eff 9-1-08; ss by #10333, eff 5-10-13
PART
Pes 1002 SITE MANAGEMENT AREAS FOR
GROUNDWATER AND SURFACE WATER PROTECTION
Pes 1002.01 Definition of a Site Management Area.
"Site management area" means a pesticide use, handling, storage or
distribution area which is connected to a ground or surface water source where pesticides
are detected and where the following conditions exist:
(a) There are activities which are controlled by
the authority of RSA 430:28-50 and Pes 100-1100;
(b)
The site has a history of the use of the pesticide(s) that is(are) the
contaminant(s), by private applicators, commercial applicators and other
persons within the last 5 years; and
(c)
The division has determined that supplementary pesticide use or handling
restrictions beyond those found on the pesticide label and Pes 100-1100 are necessary
to minimize or prevent further pesticide contamination of surface and
groundwater.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.02 Definition of Potentially Responsible
Party(ies). "Potentially
responsible party(ies)" means a landowner or anyone applying, handling,
storing or distributing pesticides detected in ground or surface water in the
area found to be connected to the ground or surface water source where the
detection occurred.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.03 Division Investigation. Investigation of a potential site management
area by the division for purposes of obtaining information shall be initiated
based on the detection of a pesticide in at least 2 samples taken at different
times from a groundwater or surface water sampling point. However, an area where pesticide use has
resulted in contamination which violates state ambient groundwater quality
standards shall not be designated a site management area and shall be regulated
under RSA 485:3 and Env-Wm 1403.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.04 Investigative Report of the Division. The division shall submit an investigative
report to the site management area committee which shall contain the following:
(a)
The division's findings on water quality, potential source areas of
pesticide contamination and potential receptors of the contamination;
(b)
A summary of pesticide use and handling activities at each potentially
responsible use or handling site; and
(c)
A discussion on whether or not the source of contamination is a result
of pesticide activity in accordance with the label, misuse or an accident.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.05 Site Management Area Committee. The site management area committee shall
consist of 6 members, as follows:
(a)
One representative of the division of public health who is also a
pesticide control board member;
(b)
One representative of the department of environmental services who has a
background in chemistry and is also a member of the pesticide control board;
(c)
One representative of the department of environmental services;
(d)
One representative of the United States Department of Agriculture,
Natural Resources Conservation Service;
(e)
The director of the division of pesticide control; and
(f)
The coordinator of the state pesticide management plan for the
protection of groundwater.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.06 Responsibility of the Site Management Area
Committee. The site management area
committee shall review the investigative report, make recommendations and
provide advice to the division.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.07 Site Management Area Plan.
(a)
The division shall prepare a site management plan based upon existing
information.
(b)
Information to be considered for purposes of preparing the site management
plan shall include the following:
(1) Recommendations of the site management area
committee after review of the division's investigative report and findings on
the source and receptors of pesticide contamination;
(2) Whether the source of contamination is a
result of pesticide use or handling in accordance with the label, misuse or an
accident;
(3) Name and address of the potentially
responsible party(ies) of the pesticide application or use area;
(4) Tax assessor's information including:
a. Tract/map number;
b. Lot/parcel number;
c. Deed book number; and
d. Deed page number;
(5) Pertinent physical features such as hydrology
and hydrogeology, surface water or groundwater susceptibility and other relevant
subjects which support the basis for recommending a particular area as a site
management area(s);
(6) A map with boundaries as specified in Pes
1002.08, of the potential site management area which shall be one of the
following:
a. A detailed U.S. Geological Survey map at a
scale of 1:24000 or 1:25000;
b. A copy of an assessor's map at a scale of no
less than 1:1000; or
c. A map prepared by a
(7) Information which shall be plotted on the map
described in Pes 1002.07(b)(6) to include the following:
a. North arrow, specified as magnetic or true;
b. Distinguishable landmark such as a street,
boundmarker, fence line, building or the most discernable landmark available;
c. Ownership boundaries;
d. Location of water wells in the area outside
of the site management area for a distance of 1000 feet from the boundary of
the potential site management area including:
1. Distance of each water well to the boundary;
and
2. An indication of whether the well is public
or private; and
e. Location of surface waters in the area
outside of the site management area for a distance of 1000 feet from the
boundary of the potential site management area including the following:
1.
Name of the water body;
2. Type of surface water such as lake, pond,
river, stream, swamp, marsh or bog; and
3. Whether the surface water is surface waters
or their tributaries used for a public water supply;
(8) Descriptions of restrictions recommended for
the site management area as described in Pes 1002.09 and a schedule and methods
for review of their effectiveness;
(9) Reference to informational and educational
programs concerned with increasing the competency of pesticide applicators;
(10) The presence of a soil type that favors
leaching or retention of pesticides;
(11) The availability of existing wells or other
water sources, such as surface waters, for monitoring purposes; and
(12) The need to conduct monitoring in order to:
a. Track the level of contaminants over time; or
b. Track the distribution of contamination so as
to assess risk to abutting areas.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.08 Determination and Description of
Boundaries. The site management area
plan recommendations by the site management area committee shall include a
determination and description of boundaries based on the following:
(a)
Boundaries of a site management area shall be the area where the
pesticide application or use area is determined to be a source of a detected
pesticide(s);
(b)
To facilitate the defining of a boundary, the following legal land
descriptions shall be used if they are in close proximity to the boundary as
determined in (a) above:
(1) Public roads;
(2) Political boundaries;
(3) Rights-of-way that appear on maps; and
(4) Other similar descriptions;
(c)
Boundaries shall encompass sufficient area to minimize the concentration
of a pesticide in surface water or in groundwater to regain or maintain the
water quality below regulatory detection limits as established under RSA
485-C:6, "Ambient Groundwater Quality Standards," Env-Dw 700,
"Drinking Water Quality Standards," or Env-Wq 1700, "Surface
Water Quality Regulations," depending on the type of water Source.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.09 Restrictions on Pesticide Use in Site
Management Areas. The site
management area plan recommendations to the division shall include suggested restrictions
on pesticide use or handling for the purpose of protecting groundwater and
surface water including but not limited to one or more of the following:
(a)
Prohibitions against the use or handling of a certain pesticide;
(b)
Limitations on the purpose for which a certain pesticide shall be used
or handled, including limitation on the crops and target pests for which a
pesticide shall be used;
(c)
Limitations on the rate at which a certain pesticide shall be applied;
(d)
Limitations on the time or frequency of use of a certain pesticide;
(e)
Limitations on the method of application of a certain pesticide;
(f)
Buffers or zones between wells, surface waters and contamination areas
where pesticides cannot be used;
(g)
Reporting or permit requirements applicable to the use or handling of a
certain pesticide;
(h)
Recommendations for no action stating why no supplemental action beyond
compliance with RSA 430:28-50 and the administrative rules of the pesticide control
board, Pes 100-1100, is necessary; and
(i)
Monitoring requirements.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.10 Notification to Potentially Responsible
Party. Notification shall be given
by the division to potentially responsible parties providing the following
information:
(a)
The intent of the division to designate a site management area;
(b)
Site management area plan recommendations;
(c)
Location of the site management area; and
(d)
An opportunity to request a meeting between the potentially responsible
parties, the division of pesticide control, and the site management area
committee.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.11 Request for Meeting by Potentially
Responsible Party(ies).
(a)
The division shall schedule a meeting provided the request is received within
21 days of the notice under Pes 1002.10.
(b)
The division shall notify the potentially responsible party(ies) 20 days
prior to the meeting of the following:
(1) Date of the meeting;
(2) Location of meeting;
(3) Time of meeting; and
(4) That the purpose of the meeting is to provide
the potentially responsible party(ies) an opportunity to comment and direct
questions concerning the committee's site management area plan recommendations
to the division.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.12 Site Management Area Designation. The division, taking into consideration any
information from a landowner meeting, the recommendations of the site
management area committee contained in the site management area plan and the
detection of a pesticide in at least 2 samples taken at different times from a
groundwater or surface water sampling point, shall designate a site management
area provided the information and recommendations support the designation.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.13 Notice of Designation of Site Management Area. The division shall notify the potentially
responsible parties by certified mail within 10 days of the division's
designation of a site management area.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.14 Special Permit Required. No pesticide applications shall be made in a
site management area unless such applications comply with the provisions of the
site management area plan and the applicator obtains a special permit within 60
days of the designation of the site management area.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.15 Special Permit Application Procedure.
(a)
Application for approval for pesticide use or handling within site
management areas shall be made on forms provided by the division.
(b)
Applicant shall provide on such forms the following:
(1) An attached copy of the site management area
plan;
(2) Names, addresses and telephone numbers of the
following:
a. Applicant; and
b. Spokesperson of group or association
requesting pesticide use or handling;
(3) Description of pesticide use procedure which
includes:
a. List of names of pesticides to be used;
b. Method of application of pesticide;
c. Identification of site to which pesticide
will be applied upon or into including soil, plant, animal, structure or any
other area as applicable;
d. Reason(s) for pesticide use and frequency of
pesticide use; and
e. Measures to mitigate and/or prevent
contamination consistent with the site management area plan;
(4) Signature of applicant or spokesperson
representing group or association; and
(5) Date of application.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.16 Division Action on Special Permit Request.
(a)
Within 30 days of receiving a special permit request the division shall
respond by issuance of a special permit or by letter stating reasons why the
special permit request was denied.
(b)
Special permits shall be approved provided that:
(1) The application is filled out completely
providing all of the information requested in Pes 1002.15; and
(2) The special permit request proposal conforms
to the provision in the site management area plan and the restrictions as
specified under Pes 1002.09.
(c)
Special permits shall be denied if the proposal of the applicant does
not comply with Pes 1002.16(b)(1)(2).
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 1002.17 Termination or Revision.
(a)
The site management area committee and holders of special permits issued
pursuant to Pes 1002.14 shall review the provisions of the site management area
plan and the special permits annually to determine if provisions are still
needed and if the plan needs to be revised.
(b)
Termination or revision shall be determined by one or more of the
following:
(1) Testing has shown that contamination levels
have changed;
(2) The pesticide causing the contamination is no
longer used in the site management area;
(3) There are no longer any activities in the
site management area utilizing pesticides;
(4) Assessment of the provisions of the site
management area plan has indicated that the protective measures are not effective;
and
(5) Investigation for enforcement purposes has
indicated violation of the terms of the special permit.
Source. #5702, eff 9-17-93; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
APPENDIX
Rule |
|
|
|
Pes 1001.01 |
RSA 430:31, IV(a) |
Pes 1001.02 |
RSA 430:31, IV |
Pes 1002.01 – Pes 1002.17 |
RSA 430:41, IV and RSA
430:41, V |