The purpose of the following notification requirement is to
enable individuals an opportunity to obtain information regarding outdoor
pesticide application activities in their vicinity.
A.
Requests for Notification; How
Made
The owner, lessee or other legal occupant of a sensitive
area may make a request to be notified about any outdoor pesticide
application(s) which may occur within 500 feet of that sensitive areaand any
aerial application(s) which may occur within 1,000 feet of the sensitive
area.
1. The request may be made in
any fashion, so long as it is effective in informing the person receiving the
request of the name, address, telephone number, and interest in receiving
notification of the person making the request.
2. The request for notification should be
made to the person responsible for management of the land on which the
pesticide application will take place. If the person making the request for
notification is uncertain as to the identity of the person to whom the request
should be made, he/she may make the request for notification to the person who
owns the land involved, as such ownership is ascertainable from the tax records
of the municipality. That landowner shall then be responsible for assuring
compliance with provisions of this section.
B.
Procedure of Notification
Once a request for notification has been made as provided in
Section 1(A), the person receiving the request shall cause notification to be
given as follows:
1. General
notification of intent to apply pesticides out-of-doors shall be given to the
person making the request for notification. Such general notification may be
given in any fashion, provided that it is effective in informing the person
receiving the notice of the following:
a. the
approximate date(s) when pesticide(s) may be applied;
b. the pesticide(s) which may be
applied;
c. in general terms, the
manner of application; and
d. the
name, address and telephone number of a person responsible for the pesticide
application from whom additional information may be obtained.
e. If requested, the person responsible for
managing the land shall make reasonable efforts to supply a copy of the MSDS(s)
and/or the pesticide label(s). However such requests for additional information
will not delay nor prohibit the intended pesticide application.
Where feasible, such general notification shall be given
within one week after the request for notification is received and at least one
day before any pesticide application is to occur. Such notification may cover
outdoor pesticide applications which are planned over a period of up to one
growing season.
2. If, following receipt of the general
notification as provided by Section 1(B)(1) above, the person seeking
notification believes there is a need for additional or updated information
regarding impending pesticide application activities, he/she may make a further
request for additional information from the person identified in the general
notification. This request for additional information must specify the type of
information needed, including, for example, more specific information regarding
the date or dates on which pesticides will be applied when known. The person
responsible for the notification shall make reasonable efforts to comply with
such request for additional information.
3. If any person is dissatisfied with the
efforts made by any other person at complying with these notification
provisions, a complaint may be filed with the Board. The Board shall then make
efforts to attempt to reach a reasonable and fair resolution between the
parties.
