22 §1471-Z. Registry of property requiring notification for pesticides applications
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)
Chapter 258-A: BOARD OF PESTICIDES CONTROL
§1471-Z. Registry of property requiring notification for pesticides applications
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
The board shall develop and maintain a registry of the properties of residents, lessees and property owners in the State who request that their properties be placed on a registry in order that the residents, lessees and owners receive advance notification of the outdoor application of pesticides . [2009, c. 584, §2 (AMD).]
1. Development of registry. The board shall solicit participation in the registry through newspaper articles, public notices distributed to municipal offices and a notice posted on the board's publicly accessible website. For a property to be placed on the registry, a person must submit to the board, using a form provided on the board's publicly accessible website or a paper copy provided by the board upon request, the following information:
A. The person's full name; [2009, c. 378, §2 (NEW).]
B. The person's telephone number; [2009, c. 378, §2 (NEW).]
C. The physical location of the property being registered, including the street address if available. If a street address is not available, longitude and latitude coordinates or a description of the property in sufficient detail to be located on a 7.5 or 15 minute series topographical map must be provided; [2009, c. 584, §2 (AMD).]
D. The mailing address at which the person prefers to receive notification; [2009, c. 584, §2 (AMD).]
E. The person's e-mail address if available, regularly used and acceptable for notification purposes; and [2009, c. 584, §2 (AMD).]
F. The person's preferred means of notification. [2009, c. 584, §2 (NEW).]
Any resident, owner or lessee of property in the State is entitled to have that property placed on the registry . A fee may not be charged to register. Property must remain on the registry until the resident, owner or lessee notifies the board in writing that the property is to be removed from the registry or until the board staff determines that the contact is no longer valid.
[ 2009, c. 584, §2 (AMD) .]
2. Obligations to provide information to people on registry. A land manager intending to conduct an outdoor application of pesticides using aircraft or air-carrier equipment shall access the registry to identify any person entitled to notification under subsection 3 and, except as provided in subsections 5, 6 and 7, shall provide that person with notification no later than the day before and no earlier than 7 days before the day of the application. The notification must include:
A. The date and approximate time of application; [2009, c. 584, §2 (NEW).]
B. The type of equipment to be used and the manner in which the pesticides will be applied; [2009, c. 584, §2 (NEW).]
C. The brand names and the United States Environmental Protection Agency's registration numbers for the pesticides to be used; [2009, c. 584, §2 (NEW).]
D. Contact information for the land manager; and [2009, c. 584, §2 (NEW).]
E. The location of the property that the land manager intends to spray. [2009, c. 584, §2 (NEW).]
Upon the request of a person receiving notification under this subsection, a land manager shall provide the material safety data sheets for the pesticides being used or copies of the pesticides labels. A land manager is not required to postpone an application pending delivery of the requested information.
[ 2009, c. 584, §2 (NEW) .]
3. Criteria requiring notification. A land manager is required to notify a person whose property is on the registry if:
A. Pesticides are being applied using aircraft and the registered property lies within 1,320 feet of the intended spray area; [2009, c. 584, §2 (NEW).]
B. Pesticides are being applied using air-carrier equipment and the registered property lies within 1,320 feet of the intended spray area; or [2009, c. 584, §2 (NEW).]
C. (TEXT EFFECTIVE UNTIL 1/1/12) (TEXT REPEALED 1/1/12) Notwithstanding paragraph B, pesticides are being applied using air-carrier equipment into the crowns of fruit trees or Christmas trees and the registered property lies within 500 feet of the intended spray area. This paragraph is repealed January 1, 2012. [2009, c. 584, §2 (NEW).]
[ 2009, c. 584, §2 (NEW) .]
4. Means of notification. A land manager conducting or contracting for a pesticides application using aircraft or air-carrier equipment shall make a good faith effort to convey the information required in subsection 2. Acceptable means of notification include:
A. Personal delivery of notification forms; [2009, c. 584, §2 (NEW).]
B. Mailing notification forms through the United States Postal Service; [2009, c. 584, §2 (NEW).]
C. Electronic mailing of notification forms; [2009, c. 584, §2 (NEW).]
D. Telephone calls, either personal or automated; or [2009, c. 584, §2 (NEW).]
E. Other means determined acceptable by the board. [2009, c. 584, §2 (NEW).]
[ 2009, c. 584, §2 (NEW) .]
5. Delayed notification acceptable. A land manager using integrated pest management, as defined in Title 7, section 2401, may provide the information required under subsection 2, paragraphs A to D on the day of the application but prior to the application when an immediate threat to a crop arises and a delay would:
A. Result in significantly greater crop damage; or [2009, c. 584, §2 (NEW).]
B. Necessitate a more extensive application of pesticides or use of more toxic pesticides. [2009, c. 584, §2 (NEW).]
A land manager providing delayed notification under this subsection shall inform the board no later than 10 days after the application of the circumstances necessitating the application and provide any other information required in rules adopted under subsection 9.
[ 2009, c. 584, §2 (NEW) .]
6. Waiver for public health emergencies and pest outbreaks that threaten severe economic or natural resource loss. The board may waive notification requirements under subsection 2 in the event of a pest management emergency declared by the Governor or the commissioner, the Commissioner of Conservation or the Commissioner of Agriculture, Food and Rural Resources.
[ 2009, c. 584, §2 (NEW) .]
7. (TEXT EFFECTIVE UNTIL 1/1/12) (TEXT REPEALED 1/1/12) Applicability. The notification requirements under subsections 2 and 3 do not apply to:
A. Aerial pesticides applications subject to and conducted in compliance with section 1471‐R and rules adopted to implement section 1471‐R; and [2009, c. 584, §2 (NEW).]
B. Outdoor nonagricultural pesticides applications conducted in compliance with notification requirements for individuals on the registry established in rules adopted under section 1471‐M, subsection 2, paragraph D. [2009, c. 584, §2 (NEW).]
This subsection is repealed January 1, 2012.
[ 2009, c. 584, §2 (NEW) .]
8. Records maintained. The board shall require a land manager to maintain records sufficient to determine compliance with this section. The board shall establish record-keeping requirements through rulemaking under subsection 9.
[ 2009, c. 584, §2 (NEW) .]
9. Rulemaking. The board shall adopt rules to implement this section. The rules may provide additional means of identifying property registered under subsection 1 and alternate means of providing notification under subsection 2. Notwithstanding Title 7, section 610, subsection 6, paragraph B, rules adopted or amended in 2010 to implement this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‐A. Beginning January 1, 2011, revisions to rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‐A.
[ 2009, c. 584, §2 (NEW) .]
10. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Air-carrier equipment" means any application equipment that uses a mechanically generated airstream to propel spray droplets. "Air-carrier equipment" does not include backpack sprayers or air-assisted application equipment in which the airstream is directed downward into the target canopy. [2009, c. 584, §2 (NEW).]
B. "Land manager" means the owner of the land upon which pesticides are to be applied, a person leasing the land or a person, firm, company or other legal entity designated by the owner to manage the land, vegetation on the land or pests occurring on the land. [2009, c. 584, §2 (NEW).]
[ 2009, c. 584, §2 (NEW) .]
SECTION HISTORY
2009, c. 378, §2 (NEW). 2009, c. 584, §2 (AMD).