Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
026 - BOARD OF PESTICIDES CONTROL
Chapter 22 - STANDARDS FOR OUTDOOR APPLICATION OF PESTICIDES BY POWERED EQUIPMENT IN ORDER TO MINIMIZE OFF-TARGET DEPOSITION
Section 026-22-5 - VARIANCES FROM STANDARDS
Universal Citation: 01 ME Code Rules ยง 026-22-5
Current through 2024-13, March 27, 2024
A. Variance Permit Application
An applicator may vary from any of the standards imposed under this chapter by obtaining a permit to do so from the Board. Permit applications shall be made on such forms as the Board provides and shall include at least the following information:
I. The name, address, and telephone number of
the applicant;
II. The area(s)
where pesticides will be applied;
III. The type(s) of pesticides to be
applied;
IV. The purpose for which
the pesticide application(s) will be made;
V. The approximate date(s) of anticipated
spray activities;
VI. The type(s)
of spray equipment to be employed;
VII. The particular standards from which the
applicant seeks a variance;
VIII.
The particular reasons why the applicant seeks a variance from such standards,
including a detailed description of the techniques to be employed to assure a
reasonably equivalent degree of protection and of the monitoring efforts to be
made to assure such protection;
IX.
The names and addresses of all owners or lessees of land within 500 feet of the
proposed spray activity, and evidence that such persons have been notified of
the application. The Board may waive this requirement where compliance would be
unduly burdensome and the applicant attempts to notify affected persons in the
community by another means which the Board finds reasonable.
B. Board Review; Legal Effect of Permit, Delegation of Authority to Staff
I. Within 60 days after a complete
application is submitted, the Board shall issue a permit if it finds that the
applicant will achieve a substantially equivalent degree of protection as
adherence to the requirements of this chapter would provide and will conduct
spray activities in a manner which protects human health and the environment.
Such permit shall authorize a variance only from those particular standards for
which variance is expressly requested in the application and is expressly
granted in the permit. The Board may place conditions on any such permit, and
the applicant shall comply with such conditions. Except as conditioned in the
permit, the applicant shall undertake spray activities in accordance with all
of the procedures described in the application and all other applicable legal
standards. Permits issued by the Board under this section shall not be
transferable or assignable except with further written approval of the Board
and shall be valid only for the period specified in the permit.
II. The Board may delegate authority to
review applications and issue permits to the staff as it feels appropriate. All
conditions and limitations as described in Section 5(B) I shall remain in
effect for permits issued by the staff. If the staff does not grant the
variance permit, the applicator may petition the Board for exemption following
the requirements set forth in 22 M.R.S.A. §1471-T, "Exemptions."
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