Current through 2024-13, March 27, 2024
A.
Responsible Parties
The licensed applicator must provide the person contracting
for services with the proper materials to provide notification according to the
provisions described in this chapter. The licensed applicator must not commence
spray activities until the person contracting for the services provides written
proof that the notification procedures contained Section IV(B) and (C) have
been completed. The person who provides the notification and certifies that the
requirements have been fulfilled is responsible for that notification.
B.
Newspaper
Articles/Advertisements or Written Notices to Property Owners
1. An article about/advertisement of
rights-of-way, forest vegetation management or other forest pest aerial
pesticide applications shall be published in a paper of general circulation in
the affected area at least 3 days but not more than 60 days prior to the
commencement of the intended spray activity. The article/advertisement shall
contain the information required in Section I(A) and (B) and shall not be
limited to a legal notice or;
2. In
areas where there is no regular newspaper circulation, the person contracting
for services may substitute individual notice to all landowners within 500 feet
of the target site. This individual notice shall be provided to the person(s)
owning property or using residential rental, commercial or institutional
buildings within 500 feet of the intended target site at least 3 days but not
more than 60 days before the commencement of the intended spray applications.
The notice shall contain the information required in Section I(A). For absentee
property owners who are difficult to locate, certified or equivalent mailing of
the notice to the address listed in the Town tax record shall be considered
sufficient notice.
C.
Posting Requirements for Rights-of-Way, Forest Vegetation Management and
Other Forest Pest Aerial Applications
1. A poster shall be posed conspicuously just
prior to the planned spray activity and shall not be removed by the landowner
or landowner's agent for at least 2 days (48 hours) after spray activity
ceases. The poster shall contain the information required in Section I(C).
Areas that shall be posed include each major point of ingress and egress of the
public into the area to be sprayed. Major points of ingress and egress include
federal, state, municipal and private roads open to the public and known to be
used by the public that lead into the area to be sprayed; utility crossings of
these roads and any place a maintained public trail enters the application
site.
2. Poster shall be
constructed of brightly colored, weather resistant stock and shall be at least
11 x 14 inches in size. The information shall be printed in both English and
French.
D.
Written
Notice to the Board and the Maine Poison Control Center
Written notices to the Board and the Maine Poison Control
Center must be given according to Section VI of this rule (Notices to the Board
and the Maine Poison Control Center for Other Than Aerial Forest Insect
Applications).
