Current through 2024-13, March 27, 2024
All pesticide applications subject to these regulations
shall be undertaken in compliance with the following standards of
conduct:
A.
Equipment
I. Pesticide spray equipment shall be used in
accordance with its manufacturer's recommendations and instructions, and shall
be in sound mechanical condition, free of leaks and other defects or
malfunctions which might cause pesticides to be deposited off-target.
II. Pesticide spray equipment shall be
properly calibrated consistent with Board or University published guidance.
Sufficient records to demonstrate proper calibration must be maintained and
made available to representatives of the Board upon request.
III. Pesticide application equipment shall
have properly functioning shut-off valves or other mechanisms which enable the
operator to prevent direct discharge and minimize drift to non-target areas.
Spray equipment designed to draw water must also have a properly functioning
antisiphoning device.
B.
Weather Conditions
I. Spray
applications shall not be undertaken when weather conditions favor pesticide
drift onto Sensitive Areas or otherwise prevent proper deposition of pesticides
on target.
II. Pesticide
application must cease immediately when visual observation reveals or should
reveal that spray is not being deposited on target.
III. Without limitation of the other
requirements herein, under no circumstances shall pesticide application occur
when wind speed in the area is in excess of 15 miles per
hour.
C.
Identifying and Recording Sensitive Areas
I. Prior to spraying a pesticide, the
applicator must become familiar with the area to be sprayed and must identify
and record the existence, type and location of any Sensitive Area located
within 500 feet of the target area. Applicators shall prepare a site map or
other record, depicting the target area and adjacent Sensitive Areas. The map
or other record shall be updated annually. The site map or other record shall
be retained by the applicator for a period of two years following the date of
applications and shall be made available to representatives of the Board upon
request.
II. This requirement
shall not apply to commercial applications conducted under categories 3A
(outdoor ornamental), 3B (turf), 6A (rights-of-way vegetation management), 6B
(industrial/commercial/municipal vegetation management), 7A (structural general
pest control applications), or 7E (biting fly & other arthropod vectors
[ticks]).
D.
Presence of Humans, Animals
Pesticide applications shall be undertaken in a manner which
minimizes exposure to humans, livestock and domestic animals.
The applicator shall cease spray activities at once upon
finding evidence showing the likely presence of unprotected persons in the
target area or in such proximity as to result in unconsented exposure to
pesticides.
E.
Other
Requirements
These regulations are intended to be minimum standards.
Other factors may require the applicator to take special precautions, beyond
those set forth in these regulations, in order to avoid adverse impacts on
off-target areas and to protect public health and the
environment.