Current through 2024-38, September 18, 2024
A.
Authorization to apply pesticides to private property is not required when a
pesticide application is made by or on behalf of the holder of an easement or
right of way, for the purposes of establishing or maintaining such easement or
right of way.
B. When the Maine
Center for Disease Control and Prevention (CDC) has identified that an organism
is a vector of human disease and the vector and disease are present in an area,
a government entity shall obtain authorization for ground-based applications
by:
1. Sending a written notice to the
person(s) owning property or using residential rental, commercial or
institutional buildings within the intended target site at least three days but
not more than 60 days before the commencement of the intended spray
applications. For absentee property owners who are difficult to locate, mailing
of the notice to the address listed in the Town tax record shall be considered
sufficient notice; and
2.
Implementing an "opt out" option whereby residents and property owners may
request that their property be excluded from the application by submitting
written notice to the government entity at least 24 hours before spraying is
scheduled to commence. Authorization is considered given for any property for
which written notice was submitted and no "opt out" request was received by the
sponsoring government entity.
C. When the Maine Center for Disease Control
and Prevention (CDC) recommends control of disease vectors, government entities
are not required to receive prior authorization to apply pesticides to private
property, provided that the government entity sponsoring the vector control
program:
1. Provides advance notice to
residents about vector control programs using multiple forms of publicity which
may include, but is not limited to, signs, newspaper, television or radio
notices, direct mailings, electronic communication or other effective methods;
and
2. Implements an "opt out"
option whereby residents and property owners may request that their property be
excluded from any ground based control program and the government entity makes
a reasonable effort to honor such requests; and
3. If aerial applications are made, takes
affirmative steps, to the extent feasible, to avoid applications to exclusion
areas as identified by Board policy.
D.
General Provisions. For any
pesticide application not described in Chapter 20.6(A),(B) or (C), the
following provision apply:
1. No person may
contract with, or otherwise engage, a pesticide applicator to make any
pesticide application to property unless that person is the owner, manager, or
legal occupant of the property to which the pesticide is to be applied, or that
person has the authorization of the owner, manager or legal occupant to enter
into an agreement for pesticide applications to be made to that property. The
term "legal occupant" includes tenants of rented property.
2. No person may apply a pesticide to a
property of another unless prior authorization for the pesticide application
has been obtained from the owner, manager or legal occupant of that property.
The term "legal occupant" includes tenants of rented property.
3. No commercial applicator may perform
ongoing, periodic non-agricultural pesticide applications to a property unless:
i. there is a signed, written agreement with
the property owner, manager or legal occupant that explicitly states that such
pesticide applications shall continue until a termination date specified in the
agreement, unless sooner terminated by the applicator or property owner,
manager or legal occupant; or
ii.
the commercial applicator utilizes another system of verifiable authorization
approved by the Board that provides substantially equivalent assurance that the
customer is aware of the services to be provided and the terms of the
agreement.
