Connecticut Administrative Code
Title 22a - Environmental Protection
66a - Posting and Notification of Outdoor Pesticide Applications
Section 22a-66a-1 - Public notification of outdoor pesticide applications
Universal Citation: CT Reg of State Agencies 22a-66a-1
Current through March 14, 2024
(a) Definitions.
As used in sections 22a-66a-1 and 22a-66a-2 of the Regulations of Connecticut State Agencies:
(1) "Fenced area" means an area which is
completely enclosed by a fence, wall, or other natural or artificial barrier
which prevents unauthorized entry;
(2) "Pesticide" means "pesticide" as defined
in section
22a-47 of the
Connecticut General Statutes; and
(3) "Point of entry" means each location
which is designed or generally used for entry onto the property by pedestrians
or motor vehicles.
(b) General notification requirements.
(1) In accordance with the requirements of
subsection (c) of section
22a-66a
of the Connecticut General Statutes, and except as provided in subsection (c)
of section
22a-66a
of the Connecticut General Statutes, any person making an outdoor application
of a pesticide one hundred yards or less from any property line shall post a
sign notifying the public of the pesticide application at each conspicuous
point of entry.
(2) In addition to
the requirements of subsection (b) (1) of this section, a commercial applicator
making an outdoor application of a pesticide one hundred yards or less from any
property line shall post signs notifying the public of the pesticide
application at conspicuous locations no farther apart than every one hundred
fifty feet or part thereof of road frontage of treated property.
(3) Pesticide application signs required by
this subsection shall be posted by the person applying the pesticide at the
time of the pesticide application.
(4) Signs posted along road frontage shall
face the road, and signs posted at a point of entry shall face the direction of
persons as they enter the property.
(5) The bottom of each sign shall be at least
twelve inches above the ground and the top no higher than forty-eight inches
above the ground. Signs shall be posted at the property boundary between two
and five feet from the sidewalk or, if there is no sidewalk, between two and
five feet from the road, or, if there is also no road, between two and five
feet from the property boundary. When landscaping or other conditions would
make a sign inconspicuous or difficult to read if the sign were posted within
the distances specified in this subdivision, the sign shall be posted in a
similar manner such that it is conspicuous and easily read by any adult or
child entering or passing the property on foot.
(6) No person shall remove or render
difficult to read, in whole or in part, any posted pesticide application sign
within twenty-four hours after the pesticide application to which it
applies.
(7)
(A) Each sign required by subsection (c) of
section
22a-66a
of the Connecticut General Statutes shall conform to the following
requirements:
(i) The sign shall be four
inches high by five inches wide;
(ii) The sign shall be of a rigid material
substantial enough to be easily read for at least twenty-four hours after the
pesticide application despite adverse weather conditions;
(iii) The sign shall contain only the
following information in black lettering on a bright yellow background in the
format specified in Appendix A of this section:
(I) The words, "PESTICIDE
APPLICATION" in bold letters of thirty-six point type;
(II) The symbol of a circle at least two
inches in diameter with a diagonal slash over a person, child and
dog;
(III) The statement "Pesticide
applied on (date) by (name and telephone number of the pesticide application
business, or the words "property owner" if the pesticide application is made by
the property owner)" in twelve point type; and
(IV) The statement, "This sign must remain
for 24 hours after pesticide application" in twelve point type; and
(iv) Except for the date of the
pesticide application and the name and telephone number of the pesticide
application business or the words "property owner," the information required on
the sign shall be professionally printed. The remaining information may be
handwritten, provided it is in permanent ink and in a print that is easy to
read.
(B) If a
commercial applicator is contacted by any person who obtains such contact
information from a sign posted under the requirements of this section, the
commercial applicator shall provide such person with the name(s) of the
pesticide(s), and EPA registration number(s), re-entry restrictions, if any,
and the date of application.
(c) Requirements for pesticide wholesalers, distributors and retailers.
(1) In accordance with subsection (f) of
section
22a-66a
of the Connecticut General Statutes, any wholesaler or distributor selling
pesticides to a retail establishment shall make available to the owner of such
retail establishment signs which meet the requirements of subsection (b) of
this section. The owner of each retail establishment shall, at the time of
sale, provide signs which meet the requirements of subsection (b) of this
section to each purchaser of a pesticide registered with the state or federal
government for outdoor use and shall provide such signs in a sufficient number
to allow the purchaser to meet the requirements of section
22a-66a(c)
of the Connecticut General Statutes.
(2) The owner of each retail establishment
selling pesticides which are registered with the state or federal government
for outdoor use shall display a sign notifying customers of the posting
requirements of section
22a-66a(c)
of the Connecticut General Statutes. The sign shall be conspicuously displayed
at each point of sale in the retail establishment in such a manner that it is
easily read by a purchaser at the time of sale. The sign shall be in the
following format and contain the following statements which shall be
professionally printed: "NOTICE TO PESTICIDE BUYERS" in bold
letters at least one-half inch high, and the following statements in letters at
least three-eighths of an inch high:
(A)
"Under Connecticut law1, any person making an
outdoor application of a pesticide within 100 yards of any property line must,
at the time the pesticide is applied, post a sign notifying the public of the
pesticide application at each conspicuous point of entry to the
property.";
(B) "Pesticide sellers
must provide the required signs to each buyer of a pesticide which is
registered with the state or federal government for outdoor use.";
and
(C) "Exceptions to the posting
requirements:
a. noncommercial pesticide
applications to an area less than 100 square feet;
b. noncommercial pesticide applications to a
completely fenced area; or
c.
pesticide applications on land that produces agricultural commodities from
which gross sales in excess of one thousand dollars were realized or can
reasonably be expected to be realized during any calendar year."
(d) Notice of pesticide applications to golf courses.
(1) In accordance with subsection (e) of
section
22a-66a
of the Connecticut General Statutes, no more than twenty-four hours prior to
applying a pesticide on a golf course, any pesticide application business or
other person applying a pesticide shall post a sign notifying the public of the
application at a conspicuous location on the first tee and at a conspicuous
location at the point of registration at the clubhouse. For golf courses with
more than nine holes, a pesticide application business or other person applying
a pesticide shall place a pesticide application sign at the first tee of each
nine holes. If the location of the first tee differs for men and women, a sign
shall be posted at both tees.
(2)
The bottom of each sign shall be posted a minimum of forty inches above the
ground and the top no higher than sixty inches above the ground.
(3) No person shall remove or render
difficult to read, in whole or in part, any information which is required to be
posted under this subsection within twenty-four hours after the pesticide
application to which it applies.
(4) Each sign required by subsection (e) of
section
22a-66a
of the Connecticut General Statutes shall conform to the following
requirements:
(A) The sign shall be a minimum
of twelve inches high by twelve inches wide;
(B) The sign shall be of a rigid material
substantial enough to be easily read for at least twenty-four hours after the
pesticide application despite adverse weather conditions; and
(C) The sign shall contain the following
information:
(i) The statement,
"PESTICIDE APPLICATION WITHIN LAST 24 HOURS" in bold letters at
least one inch high;
(ii) The
statement, "Contact (blank) for more information" in letters at least
three-quarters of an inch high. The blank space shall contain the name or names
of the person or persons at the golf course to contact for more information on
the pesticide application to the golf course; and
(iii) Each sign shall specify in letters at
least one-half inch high the tees, greens, fairways and other areas on the golf
course to which pesticides have been applied within the preceding twenty-four
hours or will soon be applied.
(5) The requirements of this subsection shall
be in addition to those prescribed in section
22a-66a(b)
of the Connecticut General Statutes and section
22a-66a-2
of the Regulations of Connecticut State Agencies.
(e) Notice of pesticide applications to lakes and ponds.
(1) In accordance
with subsection (h) of section
22a-66a
of the Connecticut General Statutes, any pesticide application business or
department, agency or institution of the state or a municipality, prior to
making a pesticide application in any lake or pond with any public access owned
by the state or a municipality shall give newspaper notice to the public in
accordance with subsection (h) of section
22a-66a
of the Connecticut General Statutes, and shall post a sign in a conspicuous
location at each place of public access owned by the state or a
municipality.
(2) The bottom of
each sign shall be posted a minimum of forty inches above the ground and the
top no higher than sixty inches above the ground.
(3) No person shall remove or render
difficult to read, in whole or in part, any information which is required by
this subsection until the end of the longest waiting period specified in
subdivision (4)(C)(v) of this subsection.
(4) Each sign required by subsection (h) of
section
22a-66a
of the Connecticut General Statutes shall conform to the following
requirements:
(A) The sign shall be a minimum
of eight and one half inches high by eleven inches wide;
(B) The sign shall be of a rigid material
substantial enough to be easily read for at least the longest waiting period
specified in subdivision (4)(C)(v) of this subsection;
(C) The sign shall contain the following
information in black lettering on a bright yellow background in the format
specified in Appendix B of this section:
(i)
"CAUTION" in bold print of at least thirty-six point type,
followed by, "LAKE TREATED WITH PESTICIDES" in bold print of at
least twenty-four point type;
(ii)
"Pesticide name(s): (the common name of each pesticide applied)"
in bold print of at least twenty point type;
(iii) "Date/time: (date and time
each pesticide was applied)" in bold print of at least twenty point
type;
(iv)
"Applicator: (the name and telephone number of the pesticide
application business or other person that applied the pesticide)" in bold print
of at least twenty point type;
(v)
The statement, "Do not use the water for the following purpose(s) until the
date and time noted below:" in at least eighteen point type, followed by the
dates and times that swimming and other water-contact activities, drinking,
fishing, irrigation, livestock watering and other uses specified on the
pesticide label or pesticide use permit may be resumed, according to the label
and permit, whichever is more stringent. If the label and permit are silent as
to when a certain activity may be resumed, the words "No Restriction" shall be
used for that activity. Nothing in this clause shall prohibit a pesticide
application business, department, agency or institution from placing more
stringent water use restrictions on the notice than are required by the label
and permit; and
(vi) The statement,
"This sign must remain posted until the latest date above" in bold
print of at least twenty-four point type; and
(D) Except for the date and time of the
pesticide application, the name and telephone number of the pesticide
application business or other person that applied the pesticide, and the end of
each waiting period, the information required on the sign shall be
professionally printed. The remaining information may be handwritten, provided
it is in permanent ink and in a print that is easy to read.
(5)
(A) Any notice of pesticide application
required to be published pursuant to subsection (h) of section
22a-66a
of the Connecticut General Statutes regarding pesticide application to a lake
or pond with any public access owned by the state or a municipality and
pesticide applications to any private lake or pond with more than one owner of
shoreline property, or required to be published or posted pursuant to
subsection (j) of section
22a-66a
of the Connecticut General Statutes regarding mosquito control, shall include
but not be limited to the following information:
(i) the common name of each pesticide to be
applied;
(ii) the location of the
pesticide application;
(iii) the
purpose of the pesticide application;
(iv) the estimated date of the pesticide
application, and the statement, "Information on the specific date of
application may be obtained from the person named below.";
(v) the name, address and telephone number of
a contact person affiliated with the pesticide application business or
department, agency or institution of the state or municipality making the
pesticide application; and
(vi) the
statement, "Do not use the water for the following purpose(s) until the date
and time noted below:" followed by the dates and times that swimming and other
water contact activities, drinking, fishing, irrigation, livestock watering and
other uses specified on the pesticide label or pesticide use permit may be
resumed, according to the label and permit, whichever is more stringent. If the
label and permit are silent as to when a certain activity may be resumed, the
words "No Restriction" shall be used for that activity. Nothing in this clause
shall prohibit a pesticide application business, department, agency or
institution from placing more stringent water use restrictions in the notice
than are required by the label and permit.
(B) A pesticide application business or
department, agency or institution of the state or a municipality shall not
apply such pesticide prior to the estimated date of application specified in a
published notice. If the actual date of pesticide application will exceed the
estimated date of application by more than three calendar days, the pesticide
application business or department, agency or institution of the state or
municipality shall republish the notice.
1 (Section 22a-66a(c) of the Connecticut General Statutes and Section 22a-66a-1 of the Regulations of Connecticut State Agencies.)
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