A.
Disease Vectors
When the Maine Center for Disease Control and Prevention
(CDC) recommends control of disease vectors, government sponsored vector
control programs are exempt from this chapter provided that the responsible
governmental entity submits the written notice to Board and the written notice
to the Maine Poison Control Center as described in this chapter.
B.
Other Emergencies
The Board's staff may grant an emergency variance from the
notice requirements set forth in Sections III, IV, V and VI of this chapter if
the notice requirements prevent efficacious application of pesticide(s) and the
staff determines that an emergency situation exists.
1. An emergency situation:
a. Involves the introduction or dissemination
of a pest new to or not theretofore known to be widely prevalent or distributed
within or throughout the United States and its territories; or
b. Will present significant risks to human
health; or
c. Will present
significant risks to threatened or endangered species, beneficial organisms,
unique ecosystems or the environment; or
d. Will cause significant economic loss due
to:
i. an outbreak or an expected outbreak of
a pest; or
ii. a change in plant
growth or development caused by unusual environmental conditions where such
change can be rectified by the use of a pesticide(s).
2. Any emergency variance granted
by the staff under this section shall include provisions demonstrating the
applicant will furnish substantially equivalent notification as provided by
this chapter and shall include:
a. Documented
notification of person(s) owning property or using commercial or institutional
buildings within 500 feet of the intended target site prior to the pesticide
application and where appropriate;
b. Radio or television announcements
or,
c. Prominently positioned
poster.
3. No variance
may be granted if the emergency situation is the result of an unjustifiable
delay created by the person seeking the variance or the person requesting the
pesticide application.
4. If the
staff does not grant the variance, the applicator or the person requesting the
pesticide application may petition the Board for exemption following the
requirements set forth in 22 M.R.S.A. §1471-T, "Exemption".
