CHAPTER Pes 500 RESTRICTIONS ON THE APPLICATION OF PESTICIDES
BY COMMERCIAL APPLICATORS AND PERMITTEES
Statutory
Authority: RSA 430:31
PART Pes 501 BASIC RESTRICTIONS
Pes
501.01 Registration of Pesticides. All pesticides or formulations thereof, used
or applied in New Hampshire, shall be registered with the New Hampshire
department of agriculture, markets and food as provided for in RSA 430:36.
Source.
#150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by
#4867, eff 7-19-90; ss by #6258, eff 5-30-96, EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
PART Pes
502 MANNER OF APPLICATION
Pes
502.01 Use in Accordance with
Labeling Instructions. Registered
pesticides shall be used in strict accordance with manufacturer's current
labeling instructions, except in the following instances:
(a) When the application is made in accordance
with procedures or rates prescribed by a legally constituted authority where:
(1) The rates
or procedures are such that they will serve to reduce the environmental risks
associated with a pesticide application without compromising the effectiveness
of the pesticide, or improve the efficacy of an application, without imposing any additional risks either to persons or to the
environment;
(2) Said procedures
or rates are in writing and are in the possession of the applicator at the time
of the application; and
(3) The legally
constituted authority agrees to make available to the division, on request, any
documentation or other evidence that supports their prescribed application
procedures or rates;
(b) Experimental work as specified in RSA 430:46,
I;
(c) Use of pesticides by private applicators and
on agricultural commodities by commercial applicators duly registered under
Category A, as defined in Pes 302.01(b), in the following manner:
(1) Applying a
pesticide at any dosage, concentration, or frequency less than that specified
on the labeling;
(2) Applying a
pesticide against any target pest not specified on the labeling if the
application is to the crop, animal, or the site specified on the labeling,
except when the label states that the pesticide shall be used only against
pests specified on the label;
(3) Employing
any method of application not prohibited by the label; or
(4) Mixing a
pesticide or pesticides with a fertilizer when such mixture is not prohibited
by the labeling;
(d) For the control of invasive species as listed
within Agr 3802.01 NH Prohibited Invasive Species,
New Hampshire restricted invasive species as described within RSA 430:53 IV,
Common Reed (Phragmites australis, formerly P.
communis), or Purple Loosestrife (Lythrum salicaria),
in the following manner:
(1) Applying a pesticide
at any dosage, concentration, or frequency less than that specified on the
labeling;
(2) Applying a
pesticide against any target pest not specified on the labeling if the
application is to the crop, animal, or the site specified on the labeling,
except when the label states that the pesticide shall be used only against
pests specified on the label; or
(3) Employing
any method of application not prohibited by the label; or
(e) Use of
pesticides in aquatic environments by commercial applicators duly registered
under Category D, as defined in Pes 302.01(e), as follows:
(1) The
pesticides are being applied at any dosage, concentration, or frequency less
than that specified on the labeling;
(2) The
applicant has proposed below-the-label-rate use in a special permit
application; and
(3) The said
below-label-rate use has been approved under the special permit, pursuant to
Pes 600 – Aquatic Application of Pesticides.
Source. #150, eff 1-9-74, amd by #1058.3, eff
11-22-77; ss by #2209, eff 12-13-82; ss by #2488, eff 9-27-83; ss by #2781, eff
7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #7460, eff
3-15-01; ss by #8131, eff 8-13-04; ss by #9712-B, eff 5-11-10; ss by #10333,
eff 5-10-13; ss by #12122, eff 2-28-17
Pes
502.02 Copy of Label at Site. A complete copy of pesticide labeling, as it appears
on the original registered product, shall accompany all service containers and
pesticide application equipment in the vehicle transporting them.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff
5-30-96, EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
502.03 Applications in Protected
Shoreland or Wetlands for Control of Forest Insects, Mosquitoes, or Black Flies.
(a)
“Protected shoreland” means “protected shoreland” as defined in RSA
483-B:4, XV, namely “for natural, fresh water bodies without artificial
impoundments, for artificially impounded fresh water bodies, except private
garden water features and ponds of less than 10 acres, and for coastal waters
and rivers, all land located within 250 feet of the reference line of public
waters.”
(b)
“Wetland” means an area that is inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and that under
normal conditions, does support a prevalence of vegetation typically adapted
for life in saturated soil conditions, including but not limited to swamps,
marshes, bogs, and similar areas.
(c)
No person shall make a pesticide application in a protected shoreland or
to wetland for control of forest insects, mosquitoes or black flies without
being in possession of a special permit issued by the division.
(d) Application for approval shall be made in
accordance with the provisions of Pes 502.04(b) and (c).
Source. #150, eff 1-9-74; ss by #1547, eff 3-13-80;
ss by #2209, eff 12-13-82; rpld by #2781, eff
7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; rpld by #6834, eff 8-26-98
New. #8131, eff 8-13-04 (from Pes 502.04); ss by
#10333, eff 5-10-13
Pes
502.04 Applications to Public Water
Supply Watersheds.
(a) No person shall
apply pesticides within 250 feet of the reference
lines of surface waters or their tributaries used for public water supply for a
radial distance of 5 miles as measured from the public water supply intake
within the boundaries of the watershed surrounding that intake without being in possession of a special permit
issued by the division upon consultation with the water division, department of
environmental services.
(b) Application for a special permit shall be made on forms provided by
the division.
(c) The applicant
shall provide the following on the form(s) provided under (b) above:
(1) Name, address, telephone number and
registration number of applicant;
(2) Name, address and telephone number of
person(s) requesting the application of pesticides;
(3) Description of pesticide application,
including:
a. Target organism;
b. Method of application;
c. Pesticide(s) to be used;
d. Rate of application; and
e. Number of applications and approximate dates
of treatment;
(4) Description of property to be treated
including:
a. Number of blocks to be treated and acreage of
each; and
b. An outline of all activities in the treatment
area that might be affected by the pesticide application;
(5) The name, EPA ID number, and location of any
public water supply intakes within 5 miles downstream of the treatment area(s);
(6) Reason or need for pesticide
application;
(7) Except for during a public health emergency,
a statement that approval pursuant to (e) below has been obtained;
(8) An acknowledgement that all information
provided is accurate and true, and that falsification of information shall
result in denial of special permit; and
(9) Date and signature of the applicant.
(d) In addition to
the completed form under (c) above, the applicant shall provide:
(1) Copies of the complete labels of the
pesticides pursuant to (c)(3)c above; and
(2) A detailed, scale map showing:
a. Treatment area(s);
b. Adjacent area(s);
c. Surface waters;
d. Topographic features; and
e. Land type(s).
(e) Except for
during a public health emergency, the applicant shall obtain approval from the
property owner(s) where the pesticide application(s) will occur;
(f) The division shall act upon the permit application in
accordance with RSA 541-A:29. The decisions to grant or deny a permit shall be
based upon the criteria specified in Pes 603.02(a) and (b).
(g) If an
application is approved, a special permit shall be issued in writing, stating
the terms and conditions under which the division granted the approval.
(h) If an
application is denied, the division shall communicate the denial to the
applicant in writing, stating the reasons for the denial.
(i) Any pesticide
applicator having knowledge or reason to believe that contamination of surface
waters or their tributaries used for public water supply has occurred shall immediately report
verbally and in writing within 5 days of such contamination to the division of
pesticide control.
Source. #150, eff 1-9-74; ss by #591, eff 11-20-74;
ss by #2209, eff 12-13-82; rpld by #2781, eff
7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #7553, eff
9-5-01; ss and moved by #8131, eff 8-13-04 (from Pes 502.05); ss by #10333, eff
5-10-13 (from Pes 502.05)
Pes 502.05 Applications
Near Public Water Supply Wells. No
pesticide application shall be made within 400 feet of gravel packed wells used
for public water supply or within 250 feet of other wells so used, unless
materials and methods to be employed have been approved through the issuance of
a special permit according to procedures of Pes 502.04 by the division upon
consultation with the water division, department of environmental services as
set forth in Pes 502.04 (a). Application
for approval shall be made on forms provided by the division pursuant to Pes
502.04 (b) and (c).
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96,
EXPIRED: 5-30-04
New. #8131, eff 8-13-04 (from Pes 502.06); ss by
#10333, eff 5-10-13 (from Pes 502.06)
Pes
502.06 Application by Chemigation.
(a) No person shall apply a pesticide through an
irrigation system, or a chemigation system, unless the system complies with
this section.
(b) Any method used for chemigation shall comply
with the state plumbing code and Env-Ws 364
"Backflow Prevention" rules.
(c) No pesticide shall be injected into a
chemigation system in a manner inconsistent with label directions.
(d) Every chemigation system shall be properly calibrated
to apply the pesticide at the application rate specified on the pesticide
label.
(e) Every component of a chemigation system shall
be resistant to corrosion, puncture and cracking. Every component of a chemigation system which
might come into contact with pesticides, or with water containing pesticides,
shall be chemically compatible with every pesticide used in the system.
(f) The following anti-pollution measures shall
be used with a chemigation system:
(1) The water supply shall be protected against
backflow by locating a backflow preventer as specified by Env-Ws 364.04(e) between the water supply and the location of
chemical injection;
(2) An automatic low pressure drain shall be
installed which:
a. Shall be placed on the bottom side and lowest
point of the irrigation line between the irrigation pump and the water supply
line check valve;
b. Shall be level and shall not extend beyond
the inside surface of the bottom of the pipe; and
c. Shall be placed so that drained liquid will
flow away from any nearby wellhead or surface water;
(3) An interlock shall be installed between the
irrigation pump and chemical injection unit to avoid chemical flow into the
irrigation line if the irrigation pump stops;
(4) The chemical injection line shall have a
check valve to stop the flow of water from the irrigation system into the
chemical supply;
(5) Pesticide container(s) used to hold pesticides
for injection into a chemigation system shall not be located within 400 feet
from gravel packed wells used for public water supply or within 250 feet of
other wells so used;
(6) Pesticide container(s) used to hold
pesticides for injection into a chemigation system shall be located at least 75
feet horizontally from a private water supply well or the high water mark of
surface water unless total amount of pesticide(s) used at the site is 5 gallons
or less of liquid pesticide, or 50 pounds or less of non-liquid pesticide and
secondary containment is provided; and
(7) Secondary containment pursuant to (6) above
shall be:
a. Located so that the outside edge of secondary
containment is at least 10 feet from any water supply including any well head
or surface waters or their tributaries used for public water supply;
b. Constructed of materials compatible with the
pesticide being handled; and
c. Capable of containing 110% of the volume of
the pesticide container.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96;
ss by #7553, eff 9-5-01; ss by #7890, eff 5-19-03; ss and moved by #8131, eff
8-13-04 (from Pes 502.07); ss by #10333, eff 5-10-13 (from Pes 502.07)
PART Pes 503 PROTECTION OF PERSONS APPLYING OR OTHERWISE
HANDLING PESTICIDES
Pes 503.01 Instruction to Employees Required. It shall be the responsibility of each
permit, registration or license holder to acquaint those working under him or
her with the hazards involved in the handling of pesticides and the warnings or
precautions on the pesticide label, and to instruct the employees on the proper
steps to avoid such hazards.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96,
EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 503.02 Safety Equipment. It shall be the responsibility of the
employer to provide for the protection of the employees, the necessary safety
equipment as set forth on the labeling of the pesticide used, or by the board
through rules.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96,
EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 503.03 Supervision.
(a) Persons registered at the supervisory level
pursuant to Pes 403.01 shall, in addition to those responsibilities under Pes
101.35 or Pes 101.36, provide supervision to operational registration holders
and others in the commercial business or entity handling or applying
pesticides.
(b) Persons governed by (a) above shall:
(1) Be an employee of the firm or branch office
registered under Pes 307;
(2) Be an employee of an entity or organization
classified as a commercial applicator;
(3) Be a person who has been designated by the
firm or organization to be in a managerial or supervisory capacity;
(4) Not be supervising any other business, firms
or branch offices that are subject to the requirements of Pes 100 – Pes 1100;
(5) Have daily contact with operational
registration holders and others applying pesticides and be available for
contact throughout the period during which operational registration holders and
others in the commercial business are applying pesticides; and
(6) Where such person holds a supervisory
registration certificate-general use:
a. Supervise the application of any pesticides
other than general-use pesticides; or
b. Serve as the designated supervisor of any person
applying pesticides other than general use pesticides.
Source. #5611, eff 4-13-93; ss by #6258, eff 5-30-96,
EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #9924-A, eff
5-10-11; ss by #10333, eff 5-10-13
PART Pes 504 EQUIPMENT AND VEHICLES
Pes
504.01 Labeling of Service Containers. Service containers shall bear abbreviated
labeling, affixed to the container, which includes:
(a) Product name;
(b) Signal word of original concentrate;
(c) Common name and percentage of active
ingredients;
(d) Name, address and telephone number of
pesticide application firm; and
(e) Notation as to whether the material is dilute
or concentrate.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff
5-30-96, EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
504.02 Identification of On-Highway
Vehicles.
(a) All on-highway vehicles when used for
business purposes for the commercial application of pesticides by commercial
applicators shall display information indicating the applicator's business name
together with the firm registration number pursuant to Pes 307.04 as follows:
(1) Letters shall be of contrasting color from
vehicle or background color;
(2) Placement of letters on the vehicle shall be
in such a manner as to be unobstructed and clearly visible; and
(3) Lettering of business name and firm
registration number shall be a minimum of 2 inches in height.
(b) Those registered as "Commercial
Applicators Not For Hire" shall not be required to identify their
vehicles.
Source. #591, eff 11-20-74, and by 1058.4, eff
11-22-77; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff
7-19-90; ss by #6258, eff 5-30-96, EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
504.03 Use of Anti-Siphon Devices. All pest control equipment using pesticides
and drawing water from the surface waters of the state as defined in Pes 101.36
shall have an effective anti-siphon device.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96,
EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
PART
Pes 505 APPLICATION TO ROADSIDES,
RIGHTS-OF-WAY AND WOODLANDS
Pes 505.01 Use Along Public Road Rights-of-Way. The use of
herbicide on rights-of-way shall be conducted under the supervision of a
certified applicator in a manner
that minimizes the extent and duration of browning foliage, such as the use of
herbicides or herbicide additives designed to control discoloring.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96,
EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #9712-B, eff
5-11-10; ss by #10333, eff 5-10-13; ss by #12756, eff 4-10-19
Pes 505.02 Approval
of Division for Rights-of-Way. No
application of pesticides shall be made to rights-of-way, including but not
limited to power transmission and distribution lines, gas pipeline, railroad,
public road, of the state without being in possession of a special permit
issued by the division according to procedures of Pes 505.05 (a) through
(d). Application for approval shall be
made on forms provided by the division, including information as set forth in
Pes 505.05.
Source. #1058.13, eff 11-22-77; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96;
ss by #7890, eff 5-19-03; ss by #8131, eff8-13-04; ss by #10333, eff 5-10-13
Pes 505.03 Woodland Areas Greater than 50 Acres. No pesticide shall be applied by any person
to woodland areas exceeding 50 acres without being in possession of a special
permit issued by the division according to procedures set forth in Pes 505.05
(a) through (d) and upon consultation with the state forester and the director
of the fish and game department.
Application for approval shall be made on forms provided by the
division, by including information required in Pes 505.05.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96;
ss by #6944, eff 2-24-99; ss by #7890, eff 5-19-03; ss by #8131, eff 8-13-04;
ss by #10333, eff 5-10-13
Pes
505.04 Special Permit Required. No person, firm, corporation, any agency of
state or local government, or other legal entity shall apply any pesticide to
any right-of-way pursuant to Pes 505.02, or woodland areas greater than 50
acres pursuant to Pes 505.03 without receiving a special permit from the
division.
Source. #4866, eff 7-19-90; ss by #6258, eff 5-30-96,
EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 505.05 Form Special Permit
Application–Right-of-Way/Woodland Areas.
(a) Application for approval for treatment of
rights-of-way and woodland areas shall be made on form Special Permit
Application–Right-of-Way/Woodland Areas provided by the division.
(b) Applications shall be submitted:
(1) At least
120 days prior to the date of proposed treatment; or
(2) At least 60
days prior to the date of proposed treatment in situations where:
a. The treatment
will not be made during the months of June 15 through September 30; or
b. The type of application pursuant to Pes 505.06(b)
is not subject to the notification requirements of Pes 505.06.
(c) Applications for the control of invasive
species as listed within Agr 3802.01 NH Prohibited
Invasive Species, New Hampshire restricted invasive species as described within
RSA 430:53 IV, Common Reed (Phragmites australis,
formerly P. communis), or Purple Loosestrife (Lythrum salicaria),
shall be exempt from (b) above.
(d) Applicants seeking approval of treatments to
rights-of-way shall provide the following information and accompanying
documentation:
(1) Designation
of area to be treated;
(2) Name and
address of contractor employed to apply pesticides;
(3) Labels for
products to be utilized;
(4) The current
U.S. Geological Survey map of a scale of no less than 1:24000 or 1:25000 if
metric, if available, or maps of an appropriate scale and scope to allow
decision-making delineating:
a. The spray area;
b. Surrounding
areas;
c. The
following sensitive areas:
1. Public wells
within 400 feet of the proposed treatment area used for drinking or
domestic purposes;
2. Surface
waters or their tributaries used for public water supply;
3. Other
surface waters;
4. Pasture
land; and
5. Watersheds
of public water supplies;
(5) Method of
notification to be utilized pursuant to Pes 505.06;
(6) A copy of
the notification request coupon pursuant to Pes 505.06(f)(5)g. used
in the notification process; and
(7) Detailed information as to method of application,
description of property, schedule of treatment, and reason or need for treatment.
(e) Information submitted in support of proposed
treatment shall be complete and accurately represent the facts, and any
falsification of information shall result in denial, or revocation after
opportunity for a hearing, of the special permit.
(f) The division shall act upon the permit
application in accordance with RSA 541-A:29, where decisions to grant or deny a
permit are based upon the criteria specified in Pes 603.02(a)(1)-(7) and (9).
(g) In the event of a public health
emergency, application for a special permit shall be in accordance with Pes
505.05(a), (d)(1)-(4) and (7), (e), and (h).
(h) In
the event of a public health emergency the division shall act upon a special
permit application in accordance with Pes 505.05(f), and:
(1) Prioritize
the order of review such that those applications that are perceived to have the
greatest impact on human health shall be processed first; and
(2) Transmit
the permit, if granted, to the applicant by fastest practicable means such as
facsimile, electronic mail, or U. S. mail.
Source. #4866, eff 7-19-90; ss by #6258, eff 5-30-96;
ss by #6698, eff 2-28-98; amd by #7341, EMERGENCY, eff 8-7-00 EXPIRED: 2-3-01
New. #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; ss by #12122, eff
2-28-17
Pes
505.06 Notification of Spraying in
Rights-of-Way.
(a) “Active Railroads” means a railroad corridor where the tracks are still in place and they can
be traversed by railroad locomotives, rail cars, or rail mounted inspection
vehicles, or maintenance of way equipment.
(b) This section shall not pertain to the
following types of herbicide applications:
(1) By the cut
surface treatment where herbicides are applied directly to the cut surface of
the stump after vegetation is cut, provided that:
a. The herbicide
shall be applied before the end of the work day during which the vegetation has
been cut or if application is impossible due to rain, during the next work day,
following such weather event; and
b. The
pesticides are applied according to label recommendations;
(2) To control
poison ivy;
(3) For the
control of invasive species as listed within Agr
3802.01 NH Prohibited Invasive Species, New Hampshire restricted invasive
species as described within RSA 430:53 IV, Common Reed (Phragmites australis, formerly P. communis),
or Purple Loosestrife (Lythrum salicaria);
(4) In
conjunction with landscape plantings on roadside rights-of-way;
(5) Upon
roadway pavement, active railroads,
curbing, and guardrail; and
(6) Pesticide
use not related to the purpose of maintaining the rights-of-way.
(c) No application of herbicides shall be made to
rights-of-way in the state, including but not limited to, rights-of-way for
power transmission and distribution lines, gas pipelines, and public roads,
during the months of June 15 through September 30 without first providing notification to the public of intent to
spray.
(d) Notification pursuant to (c) above shall not be given
until such time as a special permit has been issued.
(e) Notification pursuant to (c) above shall be made by means
of the following:
(1) Through the use of notices in newspapers in
accordance with (f) below;
(2) Certified mail, return receipt requested, to
the selectmen, mayor, or town manager,
depending on the form of government, in the municipality where the right-of-way
is located; and
(3) Written notification to residents within 200
feet of a right-of-way.
(f) Notification by newspaper
shall comply with the following:
(1) Notice of intent to spray shall be published
in both a newspaper of statewide circulation and in all locally published
newspapers which have distribution principally in the area where treatment will
occur;
(2) Notices shall appear at least once a week for
2 weeks;
(3) Notices shall be at least 2 columns wide by 3
inches high;
(4) There shall be a minimum of 45 days between
the second or last notification and the date of commencement of the seasonal
herbicide application;
(5) Notification shall contain only the following
information and provisions:
a. A title at the beginning of the notice in 15
point bold face print which states, “Herbicide Use Notification”;
b. A list of towns where treatment will occur;
c. A statement as to which
herbicides, identified by common chemical name, will be applied to
rights-of-way within the respective towns;
d. The approximate date of commencement of the
vegetation control program for that year;
e. The name and phone number of contact person,
the company he or she represents, and hours that person can be reached;
f. The statement, "further information may
be requested by contacting” followed by the name of the contact person;
g. An offering in the form of a notification
request coupon to individual landowners whose property abuts the right-of-way,
or over whose property the right-of-way passes, of an opportunity to request
and receive an individual written notification 30 days prior to any treatment;
and
h. An actual clip-out, mail-in coupon for
purposes of registration of the request and upon which the contracting entity
shall maintain a permanent list for notification purposes.
(g) Notification to selectmen, mayor, or town manager, depending on the form of government in the
municipality, shall comply with the following:
(1) Notices shall be by certified mail return
receipt requested no less than 45 days prior to commencement of seasonal
herbicide applications;
(2) Notification shall include:
a. A title at the beginning of the notice in 15
point bold face print which states, “Herbicide Use Notification”;
b. The designation of right-of-way to be
treated;
c. The approximate date of commencement of vegetation
control program for that year, in that locality;
d. Common chemical name(s) of herbicide(s) to be
used;
e. Name and phone number of contact person at
the contracting entity, and hours that person can be reached; and
f. The name of the contracting entity; and
(3) Notification shall include the following:
a. A current U.S. Geological Survey map, of a
scale of no less than 1:24000, or 1:25000 if metric, if available, delineating
the right-of-way to be treated;
b. The information in Pes 505.06(i),(j) and (k); and
c. A supply of mail-in notification-request
coupons equivalent to the number of landowners abutting or owning land on the
right-of-way in the respective towns for use by such landowners to request
specific written notice.
(h) Direct notification to
residents within 200 feet of a right-of-way shall be as follows:
(1) Notice shall contain the information in Pes
505.06(f)(5)a., b., c., d., e. and f.;
(2) Notice shall be conveyed by:
a. A personally delivered written notification
that is physically passed to the occupant or, if the occupant is not present,
left in a conspicuous place such as attached to the door at the place of
occupancy; or
b. Certified mail, return receipt requested; and
(3) Notification shall be made during the
calendar year of spraying, at least 10 days prior to such application of
pesticides.
(i) The applicant for the special permit shall provide
the following information on the notification with the coupon, or on the coupon
itself:
(1) A method to identify the owner of a utility
line by examining poles or other landmarks;
(2) How the public would determine which
particular line is to be treated;
(3) A statement that the landowner, as specified
in Pes 505.06 (f)(5)g., has a right to receive notice by mail as set forth in
Pes 505.06(l);
(4) How to contact the contracting entity for
further information;
(5) A request to each landowner or resident to make
the contracting entity aware of the location of a potentially affected water
supply, and of any other environmentally sensitive area where herbicide
application should be further restricted;
(6) An offering which specifically states “you
have the right to request and receive the approximate date, plus or minus 5
days, that pesticides will be applied to the right-of-way in your area”; and
(7) Where to return the coupons.
(j) The notification request
coupons that accompany newspaper notices and notices to selectmen, mayors or
town managers shall provide adequate space for the landowner to record the
following information:
(1) Name, address, and telephone number of the
person making the request;
(2) Town/city of affected property;
(3) Utility subscriber account number, if
applicable, to help a utility identify the location of the person requesting
notification;
(4) Name of the company that contracted for the
vegetation control program;
(5) Property of concern and sensitive areas;
(6) Identifying notations or features found on
applicable utility poles or towers, pursuant to (j)(1) and (2) above;
(7) Any additional information requested by the
contracting entity for purposes of identifying the location of the landowner in
relation to the right-of-way; and
(8) The landowner‘s request for specific
notification pursuant to Pes 505.06(i)(6).
(k) In order to receive individual written notification
during a given year, persons requesting such notification shall provide mail-in
requests to the applicant no later than 35 days prior to commencement of the
vegetation control program for that year.
Requests received later than that shall be honored during the next
treatment cycle.
(l) Applicants shall, upon receipt of requests for
individual written notification, compile and maintain a permanent list of
landowners who have made such requests, and shall provide such notification as
requested to those landowners, in accordance with (k) above.
(m) Applicants
shall, upon receipt of requests for approximate date of application pursuant to
Pes 505.06(j)(8), provide such information.
(n) Prior to being granted final approval of a special
permit by the division, the applicant shall provide written attestation to the
division, at least 10 days prior to commencement of spraying, that it has
complied with the provisions of Pes 505.06.
(o) The attestation required pursuant to (n) above shall
include the following:
(1) A tear sheet or the text of newspaper notices
including the name of the publications, areas served, and dates the notices
appeared;
(2) A copy of the notification to selectmen
including the same map that was provided;
(3) A copy of the mail-in coupon request for
specific written notification;
(4) A copy of the list of persons who have
requested written notification; and
(5) A signed statement attesting that individual
specific written notification has been made to those who have made the request.
(p) Herbicide applications due to public health
emergency shall be exempt from the requirements under Pes 505.06(c)-(o).
(q) Persons applying pesticides to rights of way due to
a public health emergency shall provide notification in accordance with Pes
505.06(r) and (s) to the following:
(1) The local government official(s) such as
selectmen, mayor(s), or town manager(s), depending on the form of government,
in the municipalities where the application will occur;
(2) The health officer of each municipality in
which pesticides will be applied;
(3) Owners of apiaries whose operations would be
affected by the pesticide application; and
(4) The general public, to include at a minimum,
those persons who would be directly affected by the pesticide application.
(r) Notification provided under (q) above shall include
at a minimum:
(1) Proposed date(s) of treatment;
(2) Location(s) of treatment area(s);
(3) Pesticides to be applied, listed by common
chemical name of active ingredient; and
(4) Name, address, and telephone number of
contact person.
(s) The applicant shall provide
notification under (q) above at least 12 hours prior to commencement of any
pesticide application, as follows:
(1) Notification to local government officials and
health officers under (q)(1) and (2) above shall be in writing, by one or more
of the following means:
a. U.S. mail;
b. Electronic mail; or
c. Facsimile; and
(2) Notification to the public who would be
directly affected by the pesticide application shall be by one or more of the
following media:
a. Television;
b. Radio; or
c. Newspaper.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; amd by #4031, eff 4-1-86; amd by #4185, eff 12-9-86;
ss by #4866, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #6698, eff 2-28-98;
amd by #7341, EMERGENCY, eff 8-7-00 EXPIRED: 2-3-01
New. #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; ss by #12122, eff 2-28-17
Pes 505.07 Rights-of-Way: Forestry Management.
(a) Persons applying pesticides for the
establishment or maintenance of access roads designed and intended for the
purpose of forestry management shall be exempt from the requirements of Pes
505.01, 505.02, 505.04, 505.05 and 505.06 where such roads:
(1) Are unpaved; and
(2) Are on private property owned by the person
applying pesticides or contracting for the application of pesticides.
(b) The exemptions granted under (a) above shall
not apply to pesticide applications made in conjunction with vegetation control
on public utility rights-of-way.
Source. #5393, eff 5-12-92; ss by #6258, eff 5-30-96,
EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
PART Pes 506 AERIAL APPLICATION OF PESTICIDES
Pes
506.01 Special Permit Required.
(a) No application of pesticides by aircraft
shall be made in the state without a special permit, issued by the division
after consultation with affected agencies, including but not limited to:
(1) The department of resources and economic development,
division of forests and lands;
(2) The department of agriculture, markets and
food, division of plant industry;
(3) The department of environmental services;
(4) The fish and game department; and
(5) The department of health and human services,
office of health management, bureau of health risk assessment.
(b) Recommendation from the agencies specified in
Pes 506.01(a) shall be obtained by the division by means of written requests,
including a copy of the special permit application.
Source. #2666, eff 4-3-84; ss by #2781, eff 7-26-84;
ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #6834, eff 8-26-98;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 506.02 Application Procedure.
(a) Application for approval for treatment by
aerial methods shall be made on forms provided by the division.
(b) Information submitted in support of proposed
treatment shall be complete and any falsification of information shall result
in denial or revocation of the special permit.
(c) Applications shall be completed by the
applicant and be received by the division not less than 120 days prior to
proposed treatment date.
(d) Applicants shall submit an original and 5
copies of the application, map of area to be treated, and other supporting
information as specified in Pes 506.02(e).
(e) Applicants shall provide the following:
(1) Name, address, telephone and fax number and pesticide
license number of applicator;
(2) Name, address, telephone and fax number of
person(s) requesting the application of pesticides;
(3) Reason why the application of pesticides, or
treatment, is necessary;
(4) Description of the pesticide application,
including:
a. Target organism(s);
b. Method of application;
c. Method and frequency of calibration of
equipment;
d. Name(s) of pesticides, active ingredients and
amounts to be used;
e. Labels of pesticides to be utilized;
f. Number of applications to be made and
approximate dates of application;
g. Size of area to be treated; and
h. Sequence of applications.
(5) Environmental considerations, including:
a. Management techniques to protect the environment
and the health and property of persons in the treatment area and adjacent
notification zone; and
b. Justification for use of one pesticide over
another;
(6) Description of treatment area including detail
maps of a scale of one inch to 1320 feet showing the following:
a. Treatment area(s);
b. Surrounding area;
c. Location of public and private wells and
other types of water supplies within the treatment area and in the surrounding
area for a distance of 1320 feet from boundary of treatment area(s);
d. Other sensitive areas including surface
waters, pasturage, residential dwellings, seasonal camps and other structures;
and
e. Roads including access roads.
(7) Description of activities within and around
the treatment area;
(8) A list of all property owners having property
within 1320 feet of the treatment area;
(9) Considerations being given and measures to be
utilized to protect persons, who, by virtue of land use or property ownership within
1320 feet of the treatment area, might have a direct and irrefutable interest
in the proposed treatment;
(10) A statement that all information provided is
accurate and true, and that falsification of information shall result in denial
of the special permit; and
(11) Date and signature of applicant.
Source. #2666, eff 4-3-84; ss by #2781, eff 7-26-84; ss
by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #6834, eff 8-26-98; ss
by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
506.03 Special Provisions Applying to
Rural Area Treatment. If the
proposed application of pesticide is to non-residential areas, in addition to
the provisions of Pes 506.02, the following shall apply:
(a) At the same time that an application for a
special permit is submitted to the division, applicants shall provide public
notice of this pending application as follows:
(1) Publication of notice in a newspaper of
general circulation in the area affected;
(2) Written notification and copy of the special
permit application to the selectman, town manager or principal official of each
town within which the treatment area is located;
(3) Written notification and copy of the special
permit application to the cooperative extension office in the county within
which the treatment area is located; and
(4) Written notification directly to each
property owner as listed in Pes 506.02(e)(8) who has property within 1320 feet
of the treatment area;
(b) All methods of notification in (a) above
shall contain the following information:
(1) A statement that a special permit request has
been submitted;
(2) A summary of the proposed treatment;
(3) Name, address, telephone number of applicant
and when applicant can be reached;
(4) Availability and places where application can
be reviewed, including a listing of the town and cooperative extension offices
that have a copy of the special permit available for review;
(5) A statement, "persons have a period of
15 days from the date of the public notice to submit written comments to the
division of pesticide control"; and
(6) Mailing address of the division;
(c) The applicant shall provide the division a
copy of the notice of the pending application within 5 days of sending the
notices pursuant to Pes 506.03(a);
(d) The applicant shall provide the division a
letter under the applicants signature, attesting to compliance with, Pes
506.03(a) and (b) within 5 days of sending the public notices and copies of the
special permit application;
(e) The division shall accept written comments
from the public for a period of 15 days from the date of the public notice; and
(f) The division shall provide copies of the
written comments pursuant to (e) above to those agencies specified in Pes
506.01.
Source. #2666, eff 4-3-84; ss by #2781, eff 7-26-84;
ss by #4867, eff 7-19-90; amd by #5127, eff 4-29-91; ss by #6258, eff 5-30-96;
ss by #6834, eff 8-26-98; ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
506.04 Provisions Applying to Aerial
Application in Residential Areas.
Applications for special permits for aerial applications in residential
areas shall, in addition to the requirements of Pes 506.01 and 506.02, be
subject to the following requirements:
(a) A public hearing according to the procedures under
Pes 602.06 shall be required prior to approval of a special permit for aerial
application in residential areas;
(b) The division shall, upon receipt of a special
permit application for aerial treatment to residential areas:
(1) Schedule a public hearing within 30 days of
receipt of the application;
(2) Notify the applicant of the date of the
hearing;
(3) Instruct the applicant to have a notice of
the public hearing published at least 14 days prior to the date of the hearing
in:
a. A newspaper of general circulation in the
area affected; and
b. Where newspaper notices alone will be
inadequate, any trade, industry, professional or interest group publication that
reaches all residents in an area to be treated.
(4) Instruct the applicant to provide
notification of the public hearing, as follows:
a. By written notification sent by registered
mail, 14 days prior to the date of the public hearing to:
1. Registered beekeepers, pursuant to Agr 1805.01, in the area to be treated;
2. Appropriate town officials, including town
managers, selectmen and town administrators;
3. Public health officials, both the local town
or city health officer and the state public health official;
4. All property owners, or a spokesman thereof
in the case of condominiums, apartments or similar type dwellings, immediately
adjacent to treatment area; and
5. All property owners living within the
treatment area; and
(5) Inform the applicant of the requirement to
submit in writing to the division at least 7 days prior to the public hearing,
a statement attesting that the applicant has complied with Pes 506.04(b)(3)(4);
and
(c) The public hearing notice shall contain the
following information:
(1) A reference to the rules, Pes 506.04(a) and
Pes 602.06, providing authority and procedures for conduct of a hearing;
(2) A statement that the purpose of the hearing
is to provide the public an opportunity to present testimony that is directly
related to the proposed spray project described in the special permit
application;
(3) The time, date and place of the hearing and manner
in which views may be submitted for consideration by the division;
(4) The place and time where relevant material
may be examined and the name, address and telephone number of the person from
whom further information may be obtained; and
(5) A description of the proposed treatment
including the:
a. Location of area to be treated and areas
likely to be affected;
b. Name and EPA registration number of
pesticides to be used;
c. Name and address of applicant and agent; and
d. Proposed date of treatment.
Source. #2666, eff 4-3-84; ss by #2781, eff 7-26-84;
ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #6834, eff 8-26-98;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
506.05 Decisions by the Division.
(a) Every decision by the division shall be in
writing and shall include reasons for the decision, and a copy of the decision
shall be delivered by registered mail to the applicant.
(b) Decisions of the division to issue or deny a
request for a special permit shall be based on an assessment of the following:
(1) The impact of the proposed application of
pesticide on human health;
(2) The possible effects on non-target areas and
non-target organisms;
(3) Whether the proposed application of
pesticides complies with the provisions of Pes 300 - Pes 1100;
(4) The proximity of wells, water supplies, other
surface waters, marshlands and similar sensitive areas to the treatment area
and whether the protective measures in the proposal are adequate;
(5) The characteristics, toxicity, and hazards of
the pesticide to be utilized and the measures proposed to minimize any adverse
effects;
(6) A review and consideration of the pesticide
application equipment and its adequacy for the proposed application;
(7) The considerations that have been given, and
provisions made by the applicant to address or meet the concerns of persons,
who, by virtue of land use or property ownership within 1320 feet of the
treatment area, may have a direct and irrefutable interest in the proposed
treatment;
(8) The adequacy of measures proposed to protect
those persons who might utilize the area for:
a. Recreational purposes;
b. A source of drinking water; or
c. The production of agricultural crops; and
(9) The recommendations of other affected
agencies as specified in Pes 506.01(a).
(c) After considering the special permit request
and the criteria in (b) above, if the division determines that the proposal
could be executed with minimal risk to human health and the environment, a
special permit shall be issued.
(d) Special permits shall be issued within 90
days of receipt of the special permit application, in writing, and state the
terms and conditions under which the approval was granted.
(e) The division shall stipulate restrictions or
provisions on the special permit if it is determined that such restrictions are
needed to protect persons and the environment from pesticide exposure and
contamination, after considering Pes 506.05(b) and the following factors:
(1) A determination of the extent and type of
notification needed to adequately inform those persons who might be involved
with, or affected by the treatment, or the spray operation;
(2) An assessment of the area surrounding the
target areas as to activity and situations where a buffer zone should be imposed
for protection from contamination, taking into consideration such things as
structures, animal feeding and watering tanks, pasturage for animals, adjacent
property lines, depressions or runoff areas, and surface waters;
(3) An assessment of the potential use by
visitors for such activities as berry picking, picnicking, hiking, camping, and
measures that should be taken to protect persons from any adverse effects;
(4) The choice of pesticide proposed to be used
and whether the characteristics and property of the material renders it
suitable for the proposed use; and
(5)
The adequacy of ground to air communications and communications between
those overseeing the spray operations.
Source. #2666, eff 4-3-84; ss by #2781, eff 7-26-84;
ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #6834, eff 8-26-98;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
506.06 Conditions to be Imposed on a
"Special Permit". The
recipient of a special permit shall be subject to conditions stipulated
pursuant to Pes 506.05(e), and the following:
(a) The recipient shall publish notice of
treatment date in newspapers of general circulation in the area to be treated
at least once per week during the 2 weeks preceding the treatment date to allow
the general public knowledge of the treatment;
(b) Notices of treatment date shall not be
released until the special permit application has been approved;
(c) The recipient shall notify the following, by
certified mail, return receipt requested, of the date of treatment:
(1) Public health officials, both local town
health officers and state official;
(2) Property owners living within the treatment
area;
(3) Persons living immediately adjacent to the
treatment areas;
(4) Property owners as listed in Pes 506.02(e)(8)
who have property within 1320 feet of the treatment area; and
(5) Registered beekeepers under Agr 1805.01, within the treatment area;
(d) The recipient shall notify the division 72
and 48 hours in advance of said treatment;
(e) The division shall require notification to
other persons or entities who are not located in the treatment area but, have
provided information that indicates that their property or its inhabitants
might be potentially impacted by said treatment; and
(f) The application rate of pesticides shall not
exceed the application rate written on the label of the registered product.
Source. #2666, eff 4-3-84; ss by #2781, eff 7-26-84;
ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #6834, eff 8-26-98;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
506.07 Conditions for Applying
Pesticides by Aerial Methods in Residential Areas. The recipient of a special permit to apply
pesticides to residential areas by aerial methods shall in addition to
conditions imposed pursuant to Pes 506.06 be subject to the following
conditions:
(a) Application shall be made during those hours
when there is minimal outdoor activity.
No pesticides shall be applied during those hours of the day when
children are going to and from school or waiting for school buses or other
means of transportation. The hours of
restriction shall be determined through consultation with local school
officials and the division to minimize exposure of all persons to pesticides;
(b) No application of pesticides shall be made in
sensitive areas, where exposure to the pesticide(s) could have an adverse
effect on human health, wildlife, and the environment;
(c) Sensitive areas shall include:
(1) School buildings and associated properties
including any:
a. Playgrounds;
b. Athletic fields; and
c. Other such facilities designed for use by
persons in the vicinity of school buildings; and
(2) Nurseries and daycare centers, rest homes,
hospitals and clinics and associated properties; and
(d) In cases of postponement of treatment of more
than 2 days from the proposed date of treatment, the applicant shall provide
notification of the new date, as required in Pes 506.06(c), (d), and (e);
Source. #2666, eff 4-3-84; ss by #2781, eff 7-26-84;
ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #6834, eff 8-26-98;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
506.08 Modifying or Rescinding a
Special Permit. The division, after
a hearing pursuant to RSA 541-A where a finding is made that conditions of a
special permit have not been met, shall:
(a) Change the conditions of the special permit
if it is still possible for the applicant to comply and make the proposed
application of pesticides; or
(b) Rescind the special permit if there is no
longer sufficient time to comply with the conditions and still make the
proposed application.
Source. #2666, eff 4-3-84; ss by #2781, eff 7-26-84;
ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #6834, eff 8-26-98;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
506.09 Emergency Provisions.
(a) "Agricultural emergency" means a
state of emergency declared by the commissioner due to a sudden pest outbreak
that will cause extensive damage and economic loss to a crop within a short
period of time.
(b) Pursuant to RSA 430:2, the commissioner of
agriculture, markets and food, after consultation with the state entomologist
and the director, division of forests and lands, department of resources and
economic development concerning agricultural and forestry related emergencies,
and, pursuant to RSA 141-C:25,III,(b), the commissioner, department of health
and human services and the state entomologist concerning public health
emergencies, shall authorize the application of pesticides by aerial methods in
emergency situations provided that the person requesting the application has
complied with Pes 506.09(c), (d) and (e).
(c)
The applicant shall submit an application pursuant to Pes 506.02(a), (d)
and (e)(1)-(5), (10), and (11), and detailed maps of a scale no less than
1:25000 showing the following:
(1) The treatment area(s);
(2) Surrounding areas; and
(3) Sensitive areas, as listed under Pes
505.05(d)(4)c., that are inside of and within one-quarter mile of the treatment
area.
(d)
The applicant shall provide information:
(1) Regarding agricultural and
forestry related emergencies, sufficient to enable the commissioner to
determine crop and economic loss, including:
a. Size of the crop;
b. Economic value of the crop;
c. Estimated loss through potential pest damage;
d. Estimated impact on annual income as a result
of loss of crop; and
e. Assessment of alternative means to control
the pest; or
(2) Regarding a public health emergency,
sufficient to enable a determination of the potential public health threat,
including:
a. Alternative methods considered to control the
pest;
b. Population who would be affected by the
health threat; and
c. Assessment of potential impact on the
population.
(e)
The applicant shall provide notification prior to application of pesticides
in accordance with the provisions of Pes 505.06(p).
Source. #5127, eff 4-29-91; ss by #6258, eff 5-30-96;
ss by #6834, eff 8-26-98; amd by #7341, EMERGENCY, eff 8-7-00 EXPIRED: 2-3-01
New. #7553, eff 9-5-01; ss by #8131, eff 8-13-04;
ss by #10333, eff 5-10-13
Pes
506.10 Compliance with Special Permit
Conditions. In addition to those
requirements on a pesticide label and in the administrative rules of the
pesticide control board, persons applying pesticides by aerial methods shall
also comply with the conditions on the special permit.
Source. #6834, eff 8-26-98; ss by #8131, eff 8-13-04;
ss by #10333, eff 5-10-13
PART Pes
507 DRIFT, CONTAMINATION AND DAMAGE TO
NON-TARGET AREAS
Pes
507.01 Prevention of Damage to
Non-Target Areas. Without modifying
the provisions of Pes 502.01, which requires pesticides to be used in
accordance with labeling instructions, no person shall apply pesticides either
in a manner that causes or might tend to cause contamination to non-target
areas.
Source. #2781, eff 7-26-84; ss by #4867, eff 7-19-90;
ss by #6258, eff 5-30-96, EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes 507.02 Prevention of Drift/Contamination. No application of pesticides shall be made by
mechanically powered equipment at such times when the wind velocity shall cause
said pesticide to contaminate a non-target area.
Source. #2781, eff 7-26-84; ss by #4867, eff 7-19-90;
ss by #6258, eff 5-30-96, EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
507.03 Conditions for the Application
of Pesticides to Minimize Drift and Contamination.
(a) For the protection of the public health and
the environment, following a hearing where a finding is made indicating the
possibility of adverse effects of pesticides and that conditions on licenses
and permits issued to commercial and private applicators would be effective in
reducing contamination or the likelihood of contamination, the division shall
impose such conditions.
(b) Such conditions shall include but not be
limited to:
(1) Specification of limitations as to types of
application equipment which can be used;
(2) The methods of application to be followed;
and
(3) The weather conditions which shall prevail
during application.
Source. #2781, eff 7-26-84; ss by #4867, eff 7-19-90;
ss by #6258, eff 5-30-96, EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
Pes
507.04 Conditions Constituting
Drift/Contamination. In situations
where pesticides have been applied to a target area but have been allowed to
drift to off target areas, the following shall be considered to be
drift/contamination in violation of these rules:
(a) A pesticide or pesticides are present on
non-target food crops or pasturage in quantities exceeding the FDA tolerance
for the specific pesticide on the specific non-target food crop or pasturage;
(b) Any measurable amount of pesticides present
on a non-target crop subject to FDA tolerances, but which does not have an
established FDA tolerance for said pesticide or pesticides;
(c) Any measurable amount of pesticides which
constitute an inconsistency with and violation of manufacturer's label
recommendations and precautions for that pesticide; or
(d) The presence in the environment including
air, land or water, of one or more pesticides, degradation products of
pesticides or formulation constituents or combinations thereof in such
concentration and of such duration as to cause, or might tend to cause, an
unreasonable adverse effect on the environment, or unreasonable harm or injury
to persons, as determined by the division based upon current chemical risk
characterization methods and standards.
Source. #2781, eff 7-26-84; ss by #4867, eff 7-19-90;
ss by #6258, eff 5-30-96, EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
PART
Pes 508 COMMERCIAL APPLICATIONS TO TURF
SITES
Pes
508.01 Notification Prior to
Application of Pesticides to Turf Areas.
Commercial applications of pesticides to turf areas shall comply with
the following requirements:
(a) Signs as required by Pes 508 shall satisfy
the following requirements:
(1) They shall be 8 1/2 X 11 inches in size, be
made of weather resistant materials with black letters on a yellow background;
(2) They shall contain the following information:
a. The word "Notice" in 2 1/2 inch block
letters;
b. The pesticide(s) used expressed as common
chemical name;
c. Date of treatment;
d. Area treated;
e. A statement that the notice has been provided
for public information and to those who may be sensitive to chemicals; and
f. Name, address and telephone number of the
person who may be contacted; and
(3) Signs shall remain posted for a minimum of 48
hours after application is made;
(b) Written notification as required by Pes 508
means a written notice which shall include the following information:
(1) Name, address and telephone number of the
contact person and the firm offering the services;
(2) Name of the pesticide(s) to be used,
expressed by common chemical name;
(3) Form(s) of material(s) to be applied and
methods of application;
(4) A schedule of services to be provided; and
(5) A statement which:
a. Grants the opportunity for those persons
receiving the service to request, and receive, advanced notification, and other
specific information requested, of the pesticide application which is to take
place; and
b. States "you have the right to request
and receive advanced notification of the date that each pesticide application
will be made"; and
(6) Designation of the area treated when making
pesticide applications to multifamily dwellings and public and recreational
properties;
(c) Without superseding or modifying any provisions
or restrictions specified on a pesticide's label, in addition to label
requirements, commercial applicators shall provide notification to those
persons receiving their services prior to the application of pesticides to turf
area, including but not limited to lawns, public and private golf courses and
those areas covered under Pes 302.01(d)(2);
(d) When a commercial applicator contracts with
the client or recipient of services for application of pesticides to private
properties, the commercial applicator shall give written notification regarding
the pesticide application which is to take place, according to (b) above, to
the client, or, in a situation where the client does not reside at the
property, to the persons residing at the property, including as follows:
(1) Notification shall be given prior to the
application of pesticide; and
(2) Notification shall be given at least on an
annual basis;
(e) When making applications to multifamily
dwellings, notification shall be given by:
(1) Complying with Pes 508.01(d);
(2) Providing written notification to the
management, owners or official spokesperson of the multifamily dwelling,
according to the provision of (b) above, at least 72 hours but no more than 2
weeks prior to the pesticide application; and
(3) Providing at least one of the following:
a. Posting of signs, as specified under (a)
above, at common entryways including but not limited to the main entrance ways
to the multifamily dwelling complex, mail boxes, road intersections and
treatment area; or
b. Prior written notification to all inhabitants
according to (b) above;
(f) Prior to application of pesticides to public
and recreational properties, commercial applicators shall provide notification
by at least one of the following methods:
(1) Posting of signs, as specified under (a)
above, around the treatment area, at access points or other places noticeable
by the public when entering the treated area;
(2) Posting written notification pursuant to Pes
508.01(b), on bulletin boards that are noticeable to persons entering the area
for a minimum period of 48 hours after application is made;
(3) In addition to (1) or (2) above, commercial
applicators may also utilize such methods as direct mailing, newspaper notices,
organizational publications and newsletters;
(g) When making pesticide applications to
commercial business properties such as banks, office buildings, restaurants,
and retail stores, notification shall be provided by one or both of the
following methods:
(1) Posting of signs, as specified under (a)
above, at points of access and egress to the building; and
(2) Posting
written notification pursuant to Pes 508.01(b)(1)-(4) on bulletin boards within
the building that are noticeable to everyone occupying the building for a
minimum period of 48 hours after application is made; and
(h) In situations where notification would be
made in compliance with the provisions of Pes 508.01(d), (e), and (g) where
there are recreational or other areas with public use, such as play areas,
picnic areas, or where turf areas provide some form of recreation, notification
shall also comply with Pes 508.01(f).
Source. #4867, eff 7-19-90; ss by #5611, eff 4-13-93;
ss by #6258, eff 5-30-96, EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13
APPENDIX
Rule |
Specific State Statute the Rule Implements |
Pes 501.01 |
RSA 430:36 |
Pes 502.01 |
RSA 430:31,IV(e) |
Pes 502.02 – Pes 502.06 |
RSA 430:41, IV |
Pes 503.01 – Pes 503.02 |
RSA 430:41, IV |
Pes 503.03 |
RSA 430:31, IV(a),(e) |
Pes 504.01 |
RSA 430:41, II, IV |
Pes 504.02 |
RSA 430:41, IV |
Pes 504.03 |
RSA 430:41, V |
Pes 505.01 |
RSA 430:31, IV(a) |
Pes 505.02 – 505.04 |
RSA 430:41, IV |
Pes 505.05 |
RSA 430:31,IV(c) |
Pes 505.06 |
RSA 430:31,IV(e) |
Pes 505.07 |
RSA 430:41, IV |
Pes 506.01 – Pes 506.03 |
RSA 430:34-a, I and RSA
430:41, IV |
Pes 506.04 |
RSA 430:34-a, I, II, III
and RSA 430:41, IV |
Pes 506.05 |
RSA 430:34-a, I, II and
RSA 430:41, IV |
Pes 506.06 |
RSA 430:34-a, I, II, III
and RSA 430:41, IV |
Pes 506.07 |
RSA 430:34-a, I and RSA
430:41, IV |
Pes 506.08 |
RSA 430:34-a, I and RSA
430:41, IV |
Pes 506.09 - Pes 506.10 |
RSA 430:41, IV |
Pes 507.01 – Pes 507.04 |
RSA 430:41, IV |
Pes 508.01 |
RSA 430:41, IV |