Current through Register Vol. 63, No. 12, December 1, 2024
(1)
When applying chemicals aerially or from the ground, operators shall protect
waters of the state and other forest resources by following the requirements of
the chemical product label and by meeting the additional protection measures
listed in this rule.
(2) When
applying herbicides near or within riparian management areas or waters of the
state, operators shall maintain vegetation required to be protected by the
water protection rules.
(3)
Weather conditions such as temperature, relative humidity, wind speed, wind
direction, atmospheric temperature inversions, and precipitation may strongly
affect the deposition and drift of chemicals during aerial and pressurized,
ground-based chemical applications. Operators shall apply chemicals only under
weather conditions which will protect non-target forest resources and comply
with the product label and the other sections of this rule.
(4) Except where the product label or
sections (2), (6), or (7) apply more stringent requirements, when applying
chemicals by aircraft, operators shall not directly apply chemicals within 60
feet of:
(a) Significant wetlands;
(b) The aquatic areas of Type F, Type SSBT
and Type D streams;
(c) The
aquatic areas of large lakes;
(d)
The aquatic areas of other lakes with fish use; or
(e) Other areas of standing open water larger
than one-quarter acre at the time of the application.
(5) Except where the product label or
sections (2) or (6) apply more stringent requirements, when applying chemicals
from the ground, operators shall not directly apply chemicals within 10 feet
of:
(a) Significant wetlands;
(b) The aquatic areas of Type F, Type SSBT
and Type D streams;
(c) The
aquatic areas of large lakes;
(d)
The aquatic areas of other lakes with fish use; or
(e) Other areas of standing open water larger
than one-quarter acre at the time of the application.
(6) Operators shall not directly apply
fertilizers within 100 feet of Type D streams and the domestic use portions of
Type F or Type SSBT streams. For other waters of the state, no untreated strips
are required to be left by operators when applying fertilizers, except that
operators shall not directly apply fertilizers to:
(a) The aquatic areas of other Type F or Type
SSBT streams or to large and medium Type N streams;
(b) Significant wetlands;
(c) The aquatic areas of large lakes;
(d) The aquatic areas of other
lakes with fish use; or
(e) Other
areas of standing open water larger than one-quarter acre at the time of the
application.
(7)
(a) Except as allowed under subsections (d)
and (e), operators shall not directly apply fungicides or non-biological
insecticides by aircraft, within 300 feet of:
(A) Significant wetlands;
(B) The aquatic areas of Type F, Type SSBT
and Type D streams;
(C) The
aquatic areas of large lakes;
(D)
The aquatic areas of other lakes with fish use; or
(E) Other areas of standing open water larger
than one-quarter acre at the time of the application.
(b) Operators shall not directly apply
fungicides or non-biological insecticides by aircraft within 60 feet of the
aquatic areas of Type N streams containing flowing water at the time of
application.
(c) For the purpose
of this rule, "biological insecticide" means any insecticide containing only
naturally occurring active ingredients including, but not limited to, viruses,
bacteria, semiochemicals (pheromones), or fungi.
(d) Plans for alternate practices that modify
the requirements of subsections (a) and (b) may be approved by the State
Forester. Approvals of such plans shall be based on a written finding by the
State Forester determining that:
(A) Such a
modification is essential to control a fungus or a population of an insect
species to reduce damage to, and to better provide for, the overall maintenance
of forest resources protected under the Forest Practices Act;
(B) The operational or weather condition
constraints placed on the application by the plan for alternate practice, in
addition to the requirements of the forest practice rules and the product
label, will reduce the potential for the fungicide or non-biological
insecticide to drift outside the operation area or to enter the waters of the
state; or
(C) Adequate
documentation has been submitted by the operator indicating the toxicity to
humans, fish populations, or to aquatic invertebrate populations of the
fungicide or non-biological insecticide to be applied is lower than the
documented toxicity of the fungicide chlorothalonil or the non-biological
insecticide carbaryl, as used in forestry prior to September 4, 1996.
(e) The requirements of
sections (a) and (b) do not apply to pest eradication programs conducted on
forestland by the Department of Agriculture.
(8) The operator shall make all aerial
chemical applications parallel to the edge of the water when applying chemicals
within 100 feet of:
(a) Significant wetlands;
(b) The aquatic areas of Type F,
Type SSBT and Type D streams;
(c)
The aquatic areas of large lakes;
(d) The aquatic areas of other lakes with
fish use; or
(e) Other areas of
standing open water larger than one-quarter acre at the time of the
application.
Stat. Auth.: ORS
527.710
Stats. Implemented: ORS
527.715 &
527.765