Current through 2024-13, March 27, 2024
The Board shall maintain a list of individuals who must be
notified of outdoor, non-agricultural pesticide applications in their vicinity.
This list shall be referred to as the Maine Pesticide Notification
Registry.
A.
Individuals to be Included on the Registry
1. Individuals requesting to be listed on the
Maine Pesticide Notification Registry shall pay all
appropriate fees and provide the following information on forms supplied by the
Board:
a. Name;
b. Mailing address;
c. Listed registry residence, including
street or road address and city;
d.
Daytime and evening telephone number(s), one of which is designated as the
primary contact number; and
e. The
names and addresses of all landowners or lessees within 250 feet of the
boundary of the listed registry residence.
2. Individuals may register more than one
residence by completing additional forms and paying all appropriate
fees.
3. The effective period of
the registry will be from March 1 to February 28 of the following year.
Individuals must submit their request for inclusion on the next effective
registry by December 31. All submissions received after that date will be
included on the following registry. Individuals may notify the Board at any
time of changes in their listed registry residence, however, changes will not
take effect until the following registry. An individual will not be considered
officially included on the Maine Pesticide Notification
Registry unless their name appears on the current effective
registry.
4. The Board shall mail
renewal notices to individuals listed on the Maine Pesticide
Notification Registry on or before November 1 of each year. An
individual must re-apply and pay all appropriate fees annually to remain on the
registry for the next twelve month period.
B.
Alerting Neighbors to the Presence
of an Individual on the Registry
1.
All individuals on the Maine Pesticide Notification Registry
shall annually provide a letter to all landowners and lessees within 250 feet
of their property boundary from whom they want to receive
notification.
2. This letter,
approved and supplied by the Board, must inform neighbors of the existence of
the Maine Pesticide Notification Registry, the individual's
request to be notified in the event of an outdoor pesticide application, the
distance from the property boundary which shall cause notification to be given
for non-agricultural pesticide applications, and the notification requirements
of this chapter.
3. The individual
on the registry requesting notification bears the burden of proof for
demonstrating that this provision has been met.
4. Failure to distribute the letter will not
prohibit an individual from being added to or remaining on the
registry.
C.
Registry Provided to Commercial Applicators
The Maine Pesticide Notification Registry
shall be printed and distributed annually to affected licensed Commercial
Master Applicators on or before its effective date of March 1. Newly licensed
Commercial Master Applicators will be provided a copy of the current effective
registry upon licensing.
D.
Notification to Individuals on the Maine Pesticide Notification
Registry
1. Commercial
applicators shall notify an individual listed on the registry when performing
an outdoor, non-agricultural pesticide application that is within 250 feet of
the property boundary of the listed registry residence.
2. A person who receives a letter in
accordance with Section 2(B) and who performs any outdoor, non-agricultural
pesticide application within 250 feet to the property boundary of the listed
registry residence shall notify the individual from whom the letter was given
or sent.
3. Notification must
consist of providing the following information to the individual on the
registry:
a. The location of the outdoor
pesticide application;
b. The date
and approximate start time of the pesticide application (within a 24 hour time
period) and, in the event of inclement weather, an alternative date or dates on
which the application may occur;
c.
The brand name and EPA registration number of the pesticide product(s) which
will be used; and
d. The name and
telephone number of the person or company making the pesticide
application.
4. An
individual on the registry who receives notification may request a copy of the
pesticide product label or Material Safety Data Sheet. The person or company
performing the pesticide application shall make reasonable efforts to comply
with such request for additional information. However, such requests for
additional information will not delay nor prohibit the person or company from
performing the pesticide application as scheduled.
5. Notification must be received between 6
hours and 14 days prior to the pesticide application.
6. Notification must be made by telephone,
personal contact or mail.
a. In cases where
personal contact with the individual listed on the registry is not achieved,
notification requirements are met via telephone if:
i. the information is placed on a telephone
answering device activated by calling the individual's primary contact
telephone number; or
ii. the
information is given to a member of the household or workplace contacted by
dialing the primary contact telephone number.
b. If notification cannot be made after at
least two telephone contact attempts and personal contact is not feasible,
notification may be made by securely affixing the notification information in
written form on the principal entry of the listed registry location.
7. The person or company
performing the pesticide application bears the burden of proof for
demonstrating that they have complied with this section.
E.
Exceptions
1. Any person providing written notices to
property owners in accordance with Chapter 51, "Notice of Aerial Pesticide
Applications," shall be exempt from this section.
2. The following types of pesticide
applications do not require notification under this section:
a. The application of pesticides
indoors;
b. Agricultural pesticide
applications;
c. The outdoor
commercial application of pesticides to control vegetation in rights-of-way in
certification and licensing category 6A (rights-of-way vegetation
management);
d. The outdoor
commercial application of pesticides in certification and licensing category 7A
(structural general pest control) within five (5) feet of a human dwelling,
office building, institution such as a school or hospital, store, restaurant or
other occupied industrial, commercial or residential structure which is the
intended target site;
e. The
application of general use pesticides by hand or with non-powered equipment to
control stinging insects;
f. The
placement of pesticidal baits;
g.
The injection of pesticides into trees or utility poles;
h. The placement of pesticide-impregnated
devices on animals, such as ear tags and flea collars;
i. The application of pesticidal pet
supplies, such as shampoos and dusts;
j. The application of disinfectants,
germicides, bactericides and virucides, such as bleach. The use of
disinfectants in the pressure-washing of the exterior of buildings is not
exempt under this section;
k. The
application of insect repellents to the human body;
l. The application of swimming pool
products;
m. The application of
general use paints, stains, and wood preservatives and sealants applied with
non-powered equipment or by hand or within an enclosure which effectively
prevents the escape of spray droplets of the product being applied;
and
n. The injection of pesticides
into wall voids.
F.
Exemption from this section
If an individual on the current effective registry and a
person or company performing pesticide applications subject to this rule can
reach an agreement on notification provisions acceptable to both parties other
than those described herein, then the requirements as described in this section
may be waived. For such an exemption to be in effect, the details of the
notification agreement must be placed in writing and signed by both parties.
Either party may terminate the notification agreement with a 14-day, written
notice.
G.
Fee
The annual application fee for an individual requesting to be
on the registry willbe $20.00. The Board may waive the fee for individuals who
demonstrate an inability to pay, or where other extenuating circumstances exist
which justify granting a waiver. Evidence of an individual's inability to pay
shall include, but not be limited to, the individuals participation in any of
the following programs:
1. Food
Stamps
2. Temporary Assistance for
Needy Families (TANF)
3.
Supplemental Security Income (SSI)
4. Social Security Disability (SSD)
5. Maine Care (Medicaid)
Requests for a fee waiver must be in writing and be made by
the individual at thetime of application for listing on the registry. The
written request must contain sufficient information for the Board to determine
that a basis for granting a fee waiver has been demonstrated in accordance with
this rule.
