CHAPTER Pes
600 AQUATIC
APPLICATION OF PESTICIDES
Statutory Authority: RSA 430:31
PART Pes
601 DIVISION
APPROVAL REQUIRED
Pes 601.01 Special Permit Required.
(a)
No person, firm, corporation, agency of state or local government, or
other legal entity shall apply any pesticide to or in any surface water without
receiving a special permit from the division.
(b)
In addition to the requirement for a special permit, applications for
treatment of surface waters 10 acres or larger in area shall also have prior
recommendations by the water division, department of environmental services and
New Hampshire fish and game department.
(c)
Recommendations required under (b) above shall be obtained by the
division of pesticide control by means of written requests accompanied by a
copy of the special permit application submitted by the applicant.
(d)
Those surface waters subject to (a) above shall include:
(1) Rivers;
(2) Streams;
(3) Brooks;
(4) Creeks or other waterways;
(5) Wetlands, as defined in Env-Wt 101.110, including any marsh,
swamp, bog or other wetland type;
(6) Ponds;
(7) Lakes or any body of water that drains into
such a waterway;
(8) Any body of water used for public or private
water supply;
(9) Any great pond; and
(10) Coastal wetland or tidal waters.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss b6y #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; ss by #8131, eff 8-13-04,
EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15
PART
Pes 602 APPLICATION PROCEDURE
Pes 602.01 Form A-1 Application for a Special Permit to Conduct
an Aquatic Pesticide Treatment.
(a)
An applicant for a special permit to conduct aquatic pesticide
treatments under RSA 430:31,IV(a), except treatments
to surface water of less than 10 acres as described by Pes
604.02, shall supply on Form A-1 Application
for a Special Permit to Conduct an Aquatic Pesticide Treatment the
following:
(1) The
applicant’s:
a. Name;
b. Address;
c. Telephone number;
d. Fax number;
e. Cell phone number, if the
applicant wishes to provide it; and
f. Pesticide license
number, if the applicant is the licensed pesticide applicator;
(2)
The
applicant’s contact’s:
a. Name;
b. Telephone number;
c. Cell phone number, if the contact wishes
to provide it; and
d. Electronic mail
address, if
the contact wishes to provide it;
(3) If the licensed pesticide applicator is not
the applicant, the licensed pesticide applicator’s:
a. Name;
b. Address;
c. Electronic mail
address;
d. Telephone number;
e. Fax number;
f. Cell phone number, if the licensed
pesticide applicator wishes to provide it; and
g. Pesticide license
number;
(4) If the client is someone other than the
individual mentioned in (1), (2), or (3) above, the client’s:
a. Name;
b. Address;
c. Telephone number;
d. Fax number; and
e. Electronic mail
address, if
the client wishes to provide it;
(5) If the
client is someone other than the individual in (1), (2), or (3) above, that
client’s contact or spokesperson’s:
a. Name;
b. Title, if applicable;
c. Telephone number;
d. Cell phone number, if the contact or
spokesperson
wishes to provide it; and
e. Electronic mail
address, if
the contact
or spokesperson wishes to provide it;
(6) Whether any
previous special permits were issued to conduct pesticide treatments at this
site;
(7) If applicable, the
permit number and year of the most recent permit issued to conduct pesticide
treatment at this site;
(8) Whether there is a
long-term management plan, pursuant to Pes 603.02(a)(11)b., for this location or project;
(9) If applicable, a copy of
the long-term management plan, pursuant to Pes
603.02(a)(11)b., attached to this application, and
including the following information:
a. The name of the plan; and
b. The month and year of issue or the
date of the most recent amendment;
(10) Confirmation whether any alternative control
methods, other than pesticides, have been used at this site;
(11) If applicable, a list of alternative control
methods used at the site containing one of the following:
a. The method(s) used and the
corresponding date(s) of use; or
b. A
statement that the information is contained within a long-term management plan
attached to this permit application form;
(12) If alternative control methods have not been
used at this site, one of the following:
a. An explanation of the reason(s)
alternative control methods have not been used; or
b. A statement that the reason
alternative control methods have not been used is described within the
long-term management plan attached to this permit application form;
(13) The names and addresses of the following:
a. All abutters;
b. All persons utilizing the waters for
domestic purposes; and
c. All persons who have made known their
objections to the treatment through written or verbal communication with the
applicant;
(14) A description and map of the treatment area
which includes:
a. The long-term management
plan that the applicant wants considered during the application review process;
b. An overall description of the treatment area, including
the following:
1. Specific information regarding
treatment area(s), including:
(i)
Overall length along the shoreline;
(ii) Width outward from the
shoreline;
(iii) Average depth;
(iv) Total treatment area in surface acres and acre feet;
(v) Type of bottom;
(vi) A statement whether the
proposed treatment area is a place where watercraft congregate for recreational
use such as boating, rafting, water skiing, riding of personal watercraft, or
similar activities;
(vii) If the proposed treatment
area is an area pursuant to (vi) above, the location
of the nearest public and private boat ramps, identified on accompanying maps;
and
(viii) If there are multiple
treatment area sites, list all sites referenced to the map with acreage of each
individual site; and
c. A scale map of one inch to 800 to
1000 feet delineating treatment and surrounding area, including the location
of:
1. Depth findings in the treatment area;
2. Riparian
owners, abutters, and others affected
by the treatment;
3. All inlet and outlet streams labeled as to
whether the stream is inlet or outlet;
4. Bathing
areas;
5. Bases of
operations;
6. Sampling
sites;
7. Public and private wells and surface water supplies, including intakes,
that use the water for domestic purposes; and
8. Downstream
use of water;
(15) The reason and need for pesticide application, including;
a. A statement as to whether a proposal is consistent with
a current long-term management plan, if one exists, for the water body; and
b. Where the proposed treatment is not consistent with the long-term management
plan, a description of how the proposal deviates from the plan, and the reason
for such deviation;
(16) Whether the water level can be controlled,
and how;
(17) The names of predominant species of game fish
known to be present;
(18) A list of threatened and endangered species from
the Natural Heritage Inventory, pursuant to Res 1108, that identifies the
species that the treatment area encompasses;
(19) The use of the waters by abutters and those
not contiguous to the treatment area, including:
a. The name, PWS identification number assigned by the department of environmental
services, location, and distance
to a proposed treatment area of any public water supply wells whose wellhead protection area(s) extend into
a proposed treatment area, and the distance to the reference line
that is closest to the proposed treatment area;
b. The name and location of any private water
supply intakes and wells within 50 feet
of a proposed treatment area and the distance to the reference line that
is closest to the proposed treatment area;
c. A description of bathing uses,
including locations relative to treatment area; and
d. A description of livestock watering
and other agricultural uses and locations relative to the treatment
area;
(20) The uses of the outlet waters, including:
a. Names,
PWS identification numbers, and the location of sources of public water
supplies within 1,000 feet of the outlet waters and less than 2 miles
downstream of the treatment area; and
b. Location of nearest point downstream
where waters are used for bathing, residential or agricultural irrigation,
watering livestock, and for other agricultural uses;
(21) A statement that approval pursuant to Pes 602.01(c) has been sought;
(22) Where approval as specified under (21) above
cannot be obtained or is not granted:
a. A statement as to the reason that
approval was not obtained;
b. A description of the nature of, and
reason for, any objection, where such information is made known to the
applicant; and
c. Copies of any written objections
that might have been directed to the applicant pursuant to Pes
602.01(a)(21);
(23) The method of notification to abutters and
others directly affected by the treatment, pursuant to Pes
602.02, including:
a. The date any direct notices were
mailed;
b. The names of any newspapers in which
notice was published;
c. The dates of any notices provided;
d. A description of any method used for
notification other than newspaper or direct mailing, along with the date of
such notice; and
e. An attached copy of any notice, news
releases, or direct mailings;
(24) A description of the pesticide application,
including:
a. The identity of the target organism;
b. The method of treatment;
c. The name(s) of pesticide(s) with the
EPA Registration Number(s) of the product(s);
d. The
labels
of pesticide to be used;
e. The application rate;
f. The amount to be used;
g. The
date(s)
of pesticide application(s);
h. The sequence of pesticide
application(s); and
i. The number and acreage of blocks to be
treated;
(25) The method of posting the treated area;
(26) The planned concentrations of pesticide that
will be present in the waters after treatment;
(27) The name of the person who will be collecting
samples, as specified under Pes 603.03(c)(24), and the following information:
a. The person’s affiliation, such as,
volunteer lake assessment program, municipal water works, or New Hampshire Environmental Laboratory Accreditation Program;
b. A qualification narrative including
one of the following:
1. Experience conducting water sampling on
behalf of a laboratory accredited by the New Hampshire Environmental
Laboratory Accreditation Program;
2. Experience as a volunteer water quality
monitor trained by an entity such as the New Hampshire department of
environmental services or the university of New
Hampshire;
3. Water sampling experience; or
4. Water sampling training;
(28) The identity, address, telephone number, fax
number, and electronic mail address and location of the laboratory conducting
required analysis as specified in Pes 603.03(c)(24);
(29) If
treatment is proposed in surface waters or the surface water’s tributaries
within 5 miles upstream of an intake used for public water supply, the
applicant shall:
a. Present
data as to the anticipated impact to the water supply, at a minimum to include
such information as:
1. Estimates of the dispersion and
dilution of the pesticide over time;
2. Flow characteristics;
3. Anticipated maximum
concentration of pesticide at the affected public water supply intake(s); and
4. An estimate of the time, post
treatment, when the maximum concentration of pesticide would be anticipated;
and
b. Provide information, if no reasonable non-chemical alternative is available, as
to why no reasonable non-chemical alternative information is available;
(30) Certification, by the applicant's signature,
that:
a. The information on the form is true
and correct to the best of the applicant's knowledge and belief; and
b. The applicant assumes full
responsibility for:
1. Any
damage resulting from inaccuracies in the information provided on the
application form;
2. Miscalculations;
3. Improper
applications of chemicals; and
4. Failures
on the part of the applicant to gain the approval, or accommodate the objections of any riparian owners and
other affected persons whose approval is required to be sought under Pes 600; and
(31) The signatures of the pesticide
applicator and the client for whom the treatment is being made.
(b)
The applicant shall mail or
hand-deliver the completed application to:
NH Division of Pesticide Control
PO Box 2042, 25 Capitol Street
Concord, NH 03302-2042
(c) The applicator shall seek
approval for the proposed pesticide application from riparian owners, owners of public water systems, and
abutters, both in the vicinity of the treatment area and along the outlet
stream, who may have to temporarily restrict their usage of water.
(d)
Information submitted in support of proposed treatment shall be complete
and any falsification of information shall result in denial or revocation of
the special permit.
(e)
The division shall act upon the permit request within 90 days of its
receipt.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; ss by #7460, eff 3-15-01;
ss by #7890, eff 5-19-03; ss by #8131, eff 8-13-04, EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15; ss
by #12122, eff 2-28-17
Pes 602.02 Public
Notification Requirements.
(a)
Applicants shall provide notification of the pending application as
follows:
(1) Written notice shall be provided directly to
each abutter and to the owner of each
well or intake that might be subject to water-use restrictions; and
(2) Notice of the area affected shall be
published in a newspaper of general circulation in the area affected.
(b)
Notification in (1) and (2) above shall include a statement indicating
that:
(1) Certain activities and water uses might be
temporarily restricted as a condition of the special permit; and
(2) Those wishing to comment on the proposed
application may contact the division to request a public hearing.
(c)
Applicants shall provide the division a copy of the following:
(1) The notice to abutters;
(2) The proposed notice sent to the newspaper;
and
(3) A tear sheet from the newspaper showing the
notice at such time as it is received by the applicant.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; ss by #7460, eff 3-15-01;
ss by #8131, eff 8-13-04, EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15
Pes 602.03 Public
Hearings. A public hearing shall be
scheduled in such cases where a written request has been made to the division
by at least 5 abutters to the proposed treatment area or by one abutter owning
25 percent or more of the shoreland adjacent to the
proposed treatment area within 15 days of the division receiving notification
as per Pes 602.02(c)(1) and (2) above.
Source. #1547, eff -13-80; ss
by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90;
EXPIRED: 7-19-96
New. #6316, eff 8-13-96, ss by #8131, eff 8-13-04;
ss by #9219, eff 9-1-08; ss by #10875, eff 7-8-15
Pes 602.04 Notification
of Public Hearings. Upon receipt of
a request for a public hearing pursuant
to Pes 602.03 above, the division shall:
(a)
Schedule the hearing;
(b)
Notify the applicant of the date of the hearing;
(c)
Publish notice of the hearing in a newspaper of general circulation in
the area affected at least 14 days prior to the date of hearing; and
(d)
Instruct the applicant to provide notice of the hearing at least 14 days
prior to date of hearing, to all persons owning property abutting the area to
be treated. Such notice shall be by one
or more of the methods specified under Pes 603.03(c)(2).
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; ss by #8131, eff 8-13-04,
EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15
Pes 602.05 Content
of Notices. The public notice and
notice of hearing to the applicant and others shall contain:
(a)
A reference to the regulatory authority, Pes
602.03 and Pes 602.06, for conduct of hearing;
(b)
A statement of the purpose of the hearing;
(c)
A statement of the time, date, and place of the hearing, and the manner
in which comments may be submitted for consideration by the division;
(d)
A statement of the place and time where relevant material may be
examined, and the name, address, and telephone number of the person from whom
further information may be obtained; and
(e)
A description of proposed treatment(s) including:
(1) A description of the area to be treated and
the areas likely to be affected;
(2) The name and EPA registration number of
pesticides to be used;
(3) The name and address of the applicant and
agent; and
(4) The proposed date(s) of treatment(s).
Source. #1547, 3-13-80; ss by #2209, eff 12-13-82; ss
by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; ss by #7460, eff 3-15-01;
ss by #8131, eff 8-13-04, EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15
Pes 602.06 Conduct
of Public Hearings. The director of
the division of pesticide control shall control public hearings as follows:
(a)
The public shall have an opportunity
to direct questions concerning said application to the applicant through
the division;
(b)
The director of the division shall limit presentations to issues
relevant to the application under consideration;
(c)
The division shall have an opportunity to freely question both the
applicant and the participants in the hearing;
(d)
If possible, the attendees of the hearing wishing to be heard shall
register to speak prior to commencement of the hearing;
(e)
Any interested person who desires to participate in the hearing shall be
entitled to do so either by filing a written statement indicating the person's
interest and his or her position on the particular application or by making an
oral statement including the same information; and
(f)
The director shall place time limits on presentations in the following
situations:
(1) Where testimony being presented is
repetitious of that previously presented;
(2) Where testimony being presented is not
relevant to the issue of the special permit proposal; and
(3) Where there is a time limitation on the
length of the public hearing.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; ss by #8131, eff
8-13-04, EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15
PART
Pes 603 RECOMMENDATIONS AND DECISIONS
Pes 603.01 Recommendations.
(a)
The division shall obtain recommendations from the water division of the
department of environmental services and the
(b)
The request in (a) above shall be in writing and shall include a copy of
the special permit application upon which recommendation is sought.
(c)
The recommendations in (a) above shall be obtained by the division after
the date of the public hearing and prior to the date for acting on a special
permit request or prior to the date
for acting on the special permit request if a hearing is not held.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; ss by #8131, eff 8-13-04,
EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15
Pes 603.02 Division
Decisions.
(a)
Decisions of the division to issue or deny a request for a special
permit shall be based on an assessment of the following:
(1) The impact of the proposed application of
pesticide on human health;
(2) The possible effects on non-target areas and
non-target organisms;
(3) Whether the proposed
application of pesticides is consistent with the provisions described in any
long-term management plan for the waterbody;
(4) Whether the proposed application of
pesticides complies with the provisions of Pes
100-1100;
(5) The proximity of wells, water supplies, other
surface waters, marshland and similar sensitive areas to the treatment area and
measures considered to successfully protect such sensitive areas;
(6) The characteristics, toxicity, and hazards of
the pesticide to be utilized and the measures to minimize any adverse effects;
(7) A review and consideration of the pesticide
application equipment for appropriateness for the proposed application;
(8) The considerations that have been given, and
provisions made by the applicant to address or meet the concerns of dissenters
of the proposal;
(9) The adequacy of measures proposed to protect
those persons who might use the waters for:
a. Recreational purposes,
including watercraft use;
b. A source of drinking water; or
c. Other domestic purposes including
showering, washing dishes and clothes; and
(10) The recommendations of other agencies with
authority to regulate the area affected; and
(11) The long-term management plan, if:
a. The plan is included with the application
pursuant to Pes 602.01; and
b. The plan
is a document that specifies the integrated pest management techniques that
will be applied over a set
period of time, as outlined in the plan, to control nuisance vegetation in a
specified waterbody.
(b)
If after considering the special permit request and the criteria in (a)
above, the division determines that the proposal could be executed with minimal
risk to human health and the environment, the special permit shall be issued.
(c)
Every decision of the division shall be in writing and shall include
reasons for the decision.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff
7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; amd by #6944, eff
2-24-99; ss by #7460, eff 3-15-01; ss by #8131, eff 8-13-04, EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15
Pes 603.03 Conditions
for Granting "Special Permits."
(a)
“The New Hampshire
Environmental Laboratory Accreditation Program
(NH ELAP)” means a
program that provides accreditation to environmental laboratories as provided
for in RSA 485:44, to ensure that such laboratories provide sufficiently
accurate, precise, and consistent results of tests, analyses, and measurements.
(b)
Special permits shall be issued, in writing, and shall state the terms
and conditions under which the division granted approval.
(c) The pesticide applicator identified within a special permit shall comply with
the following:
(1) The applicator shall provide notice of the
treatment to the following:
a. All owners of property abutting the area to
be treated;
b. All persons utilizing the waters for
domestic purposes; and
c. All local public health officials;
(2) Notification pursuant to (1) above shall be by one or more of the following methods:
a. Registered mail, return receipt requested;
b Certified mail, return receipt requested;
c. Electronic mail with an electronically verified return signature; or
d. Fax, with a return verification signature;
(3) Notification pursuant to Pes
603.03(c)(1) shall be posted, if by mail or transmitted, if by electronic mail or fax, at
least 14 days prior to the treatment
date;
(4) The applicator shall include in the
notification in Pes 603.03(c)(1),
(8), (18), and (19), the following information:
a. The name of the product;
b. The common chemical name of the active
ingredient;
c. The EPA registration number;
d. All the warnings on the label of the
product to be applied; and
e. All restrictions on the use of the waters;
(5) In the event the notice of treatment under Pes 603.03(c)(1) is undeliverable,
the applicator or the applicator’s representative shall hand deliver the notice
directly to the property site(s) in the affected area(s) owned or occupied by
such persons who did not receive notification, or in the case of failure to
reach a public health official, to the local public health office, as
applicable;
(6)
If no person is available to receive
this notice, then the notice shall be left in a conspicuous location;
(7)
The applicator shall submit a signed
statement attesting to fulfillment of the requirements pursuant to Pes 603.03(c)(1) to the division
prior to the treatment date;
(8)
The applicator shall publish notice of
the treatment date in at least one newspaper of general circulation in the area
to be treated at least once per week for 2 weeks preceding the treatment date
to provide the general public with knowledge of the treatment;
(9)
All waters treated with pesticides shall
be posted with signs displaying the restrictions for water usage as they appear
upon the labeling of the pesticide to be used according to procedures described
in (10) below;
(10) The applicator shall post the shoreline adjacent to the
treatment area with signs warning the general public that the area has been
treated, as follows:
a. Signs shall be at least 8 x 10 inches, and be
made of weather resistant materials with black letters on a yellow background;
b. The signs shall be posted at least every
100 feet;
c. Signs shall be in place from the beginning of
the pesticide treatment process until the end of any restricted entry or use
periods stipulated in the special permit, or, where not so specified, the
restrictions specified on the pesticide label(s);
d. Signs shall include at a minimum the
following information:
1. The treatment date(s);
2. The trade name(s) and common chemical name(s)
of the pesticide(s) used;
3. All water use restrictions including
recreational, domestic, potable, irrigation and agricultural uses, and the
length of time the restrictions are to remain in effect; and
4. The name, address and telephone number of a
contact person from whom
additional information may be sought; and
e. The posting of signs shall not be required along undeveloped shoreline where
there are no known commonly used access points.
(11)
If the division, or the applicator,
after consideration of the criteria set forth in Pes
603.02(a), determines that the period of posting water use restrictions
pursuant to (9) above should be extended in order to protect human health and
the environment, the posting period shall be extended;
(12) The extended posting period under (11) above
shall be determined prior to the issuance of a special permit;
(13) No
treatment of surface waters shall occur if water contaminated or
affected by the treatment might adversely affect industrial processes that utilize that water, unless written
permission is obtained from the affected industry or industries;
(14) The applicator shall provide prior written
notification to appropriate town health officials and to the
(15)
The applicator shall provide prior
written notification to the
(16)
The applicator shall notify the division
of a pending treatment as follows:
a. Notification
shall be made at least 48 hours prior to the time of treatment by appropriate
means, such as phone, fax, or electronic mail; and
b. Prior to commencement
of treatment, the applicator shall provide a signed statement attesting to the
fact that all pre-treatment requirements of the special permit have been met;
(17) In cases of postponement of treatment of 14
days or less from the proposed date of treatment, the applicator shall hand
deliver notice to all abutters, affected property owners with intakes and
properties containing wells with use restrictions under the permit;
(18) Notices given under (17) above shall specify
the actual date of treatment and contain all of the information specified under
Pes 603.03(c)(4);
(19)
In cases of postponement of treatment of
more than 14 days from the proposed date of treatment, the applicator shall
provide notification of the new date, as required in Pes
603.03(c)(1), (3), (4), (5), (6), (7), (8), (14), (15), and (16);
(20) As practicable, the applicator shall notify other persons or entities who
might not be located in the treatment area but might be affected by the
treatment;
(21) The applicator or client shall perform at
least one follow-up inspection within 21 days of the treatment for the purpose
of determining any adverse effects;
(22) If the applicator or client becomes aware of
any adverse impact, he or she shall report verbally within 24 hours and in
writing within 5 days to the division of pesticide control;
(23)
Any written report submitted under Pes 603.03(c)(22) shall contain
the following information:
a. The amount of pesticides applied and in
what areas;
b. Any adverse effects, including illnesses,
off-target problems, and situations of non-notification where persons on
abutter lists or lists of well owners were not notified;
c. Dates of follow-up inspections and
details of how the inspections were conducted;
d. Arrangements made by the
applicator, client, or both for testing to determine any alteration in water
quality; and
e. The name(s) and address(es)
of any persons who have filed comments;
(24) The applicator shall arrange for the taking
and analysis of a minimum of 2 samples with analysis conducted by a NH ELAP accredited laboratory, or as
specified upon the pesticide label, according to the following provisions:
a. The laboratory, the spokesperson from the laboratory, and the
individual who will be taking the samples shall be named in the special permit
request;
b. The individual taking the samples shall
have one of the following qualifications:
1. Experience of conducting water sampling on
behalf of a laboratory accredited by the New Hampshire Environmental Laboratory
Accreditation Program;
2. Experience as a volunteer water quality
monitor trained by an entity such as the
3. Water sampling experience; or
4. Water sampling training;
c. The number
and timing of sampling shall be determined by considerations listed in Pes 603.02(a) and
label restriction intervals and shall
be specified in the special permit;
d. Samples shall be taken from locations
specified in the special permit or, if the special permit does not specify
locations, from within the treatment area at predetermined locations indicated
on the map supporting the special permit request;
e. The laboratory shall submit copies of the
official laboratory reports of analysis to the division within 60 days of
taking samples;
f. The reports shall include information
compiled by the laboratory spokesperson, as follows:
1. A description of the sampling method;
2. The depth at which the sample was taken;
3. A map showing the exact location of where the
samples were taken;
4. Coordinates
of sample location(s),
expressed in latitude and longitude, as
determined by a global positioning system; and
5. A statement indicating the accuracy, in
feet, of the coordinates determined in 4, above;
(25)
The application rate of pesticides shall
not:
a. Exceed the rate specified on the label of the registered
pesticide; and
b. Reach or exceed dosages capable of reducing the number
of non-target aquatic organisms to a
non-viable level;
(26)
Herbicides and algaecides for the
control of aquatic vegetation shall not be used during the months of October
through April; and
(27)
The applicator shall submit a written report by November 1 of the year in which
the special permit was in effect, presenting detailed information of the
results of the treatment with pesticides, including:
a. The effectiveness of treatment and degree of control;
b. The effects on non-targeted species of vegetation;
c.
The adverse effects on
other aquatic organisms;
d. An estimate of the duration of control;
e. The size of final treatment area, in acres;
f. The date of treatment(s);
g. The type and amount of product used in treatment(s);
and
h. A map showing pre-treatment footprint and
post-treatment extent of remaining target species as observed on
the date of the post-treatment follow-up survey per (21) above.
(d)
Water supply wells that are located within 50 feet of any shoreline shall be treated as surface water intakes for the purpose
of meeting associated pesticide label restrictions and setbacks unless the applicant can demonstrate through hydrogeologic evaluation that the drinking water standards
specified within the New Hampshire Code
of Administrative Rules Env Dw 700 will not be violated as a result of the proposed treatment.
(e)
The hydrogeologic evaluation mentioned in (d)
above shall include, where available:
(1) Information regarding the
construction, depth, water quality, geologic setting,
pumping rate, and other characteristics of the well;
(2) Information from the well
owner or other sources regarding the effects of changes in the lake level or
the well;
(3) A review of relevant
monitoring data and relevant literature regarding the susceptibility of
comparable wells in comparable settings to contamination as a result of aquatic
use of comparable pesticides; and
(4) A synthesis of available
information with respect to the worst case and most likely impact of the
proposed treatment on water quality in the well.
(f)
Persons applying pesticides to
surface waters containing intakes shall provide written notification to the owners of said intakes, as
follows:
(1)
Signs and written notification, pursuant to Pes 602.03, shall specify all applicable use restrictions; and
(2)
Any signs shall remain
posted for the duration of the water-use
restrictions as specified on the
special permit.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; amd by #5611, eff
4-13-93; ss by #6316, eff 8-13-96; amd by #6944, eff 2-24-99; ss by #7460, eff 3-15-01; ss by #7890, eff 5-19-03; ss by
#8131, eff 8-13-04; amd by #8634, eff 5-23-06; ss by #9219, eff 9-1-08; ss by 10875, eff 7-8-15
Pes 603.04 Postponement
of Treatment. If the division finds
that, as a result of postponement of treatment, adverse effects on human health
and the environment are likely, it shall, after a hearing, reconsider its
original decision.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; ss by #8131, eff 8-13-04,
EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15
Pes 603.05 Suspension
or Revocation of Special Permit. The division shall suspend or revoke a
special permit if it finds that the applicant has not complied with the rules
or has falsified information submitted in support of their application as follows:
(a)
If the division finds that public health, safety or welfare requires
emergency action, the division shall proceed with the suspension according to
RSA 541-A:30, III; or
(b)
If there is not an imminent hazard to public health, safety or welfare,
the division shall proceed with the revocation according to RSA 541-A:30, II.
Source. #6316, eff 8-13-96; ss by #8131, eff 8-13-04,
EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15
PART Pes 604 EXEMPTIONS
Pes 604.01 Applications by Governmental
Agencies For Mosquito Control.
(a) Pesticide applications to surface waters by
government agencies to control immature forms of mosquitoes and other biting
arthropods, where the surface waters are not used for drinking or domestic
purposes, shall not be subject to the special permit requirements under Pes 600 provided that such agencies comply with (b)-(e)
below.
(b) Except for during a public health emergency,
government agencies shall make application for a special permit to control
mosquitoes and other biting arthropods according to the following provisions:
(1) The
application shall be made on forms provided by the division;
(2) Applicants
shall submit special permit applications to the division at least 30 days prior
to the proposed commencement date of the program;
(3) Special
permit applications shall include information and supporting documentation as
specified under Pes 502.04 (c) and (d);
(4) If the
government agency is a municipality that approves mosquito control programs by
town meeting, the control program shall have been approved by vote at a town
meeting;
(5) Special
permit applications shall include information on the methods to be used to
notify the following, pursuant to (e)(2) below:
a.
Residents of the town
located in the spray area;
b.
Town officials;
c.
Apiary owners; and
d.
Others affected by the
treatment.
(c) Pesticide applications due to a public health
emergency require a special permit, as follows:
(1) Application
for a special permit shall be made in accordance with Pes
502.04(c) and (d); and
(2) The
applicant shall provide written notification prior to application of pesticides
in accordance with the provisions of Pes 505.06(q).
(d) Prior to issuing a special permit to a
government agency for mosquito control, the division shall obtain written
recommendations from the water division, department of environmental services,
and the fish and game department.
(e) Upon receipt of a special permit for mosquito
control, government agencies shall comply with the following:
(1) No
pesticide application under said permit shall be made within 75 feet of any well used as a source of drinking
water;
(2) Prior to
commencement of any pesticide applications the applicant shall provide
notification to potentially affected persons in accordance with the
requirements specified under Pes 505.06(q);
(3) The
applicant shall provide the division 48-hour advanced notification of intent to
commence pesticide applications; and
(4) Prior to
commencement of any pesticide applications, the applicant shall provide to the
division a written, signed attestation that all of the notification requirements, and
any other pre-application conditions of the permit have been satisfied.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; amd by #7341, EMERGENCY,
eff 8-7-00 EXPIRED: 2-3-01
New. #7553, eff 9-5-01; ss by #8131, eff 8-13-04,
EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15; ss
by #12122, eff 2-28-17
Pes 604.02 Surface Water of Less than
10 Acres.
(a)
Under the following conditions, surface waters less than 10 acres shall
be exempt from the provisions of Pes 600 except Pes 601.01(a), Pes 603.03(c)26, Pes 604.02(b) through
(d) and Pes
604.03:
(1) The entire pond bottom and shoreline are
owned by one individual or entity, or is under ownership by more than one
individual or entity but where all owners agree to the treatment; and
(2) There is no regularly flowing surface outlet
or the flow can be stopped.
(b)
The person or entity shall apply for a special permit for the proposed
treatment on forms provided by the division pursuant to Pes
604.03.
(c)
The special permit application shall be received by the division 45 days
prior to the proposed date of treatment; or
(d) At a time less than 45 days prior to the
proposed date of treatment where circumstances would necessitate a shorter lead
time, such as:
(1) Matters related
to health and safety;
(2) Matters related
to invasive species; or
(3) Matters related to outbreaks of insects or
diseases.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; ss by #8131, eff 8-13-04,
EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15
Pes 604.03 Form
A-2 Application for a Permit to Conduct
Aquatic Pesticide Treatments to Surface Water of Less than 10 Acres as
Described in Pes 604.02(a).
(a)
An applicant for a permit to conduct aquatic pesticide treatments under
RSA 430:31,IV(a) for surface waters as described in Pes 604.02(a) shall supply on Form A-2 the following
information:
(1) Whether the surface
water is less than 10 acres in area;
(2) Whether the entire
surface water and shoreline is owned by one person or entity;
(3) Whether all owners
are in agreement with the treatment;
(4) Whether there is a regularly flowing outlet;
(5) Whether the outflow can be controlled;
(6) The applicant’s:
a. Name;
b. Business address;
c. Telephone number;
d. Fax number;
e. Cell phone number, if the applicant wishes to provide it; and
f. License number of the pesticide
applicator;
(7) The applicant’s contact’s:
a. Name;
b. Telephone number;
c. Cell phone number, if the contact wishes to provide it; and
d. E-mail address, if the contact wishes to
provide it;
(8) If the licensed pesticide applicator is not
the applicant or the applicant’s contact, the licensed pesticide applicator’s:
a. Name;
b. Address;
c. E-mail address;
d. Telephone number;
e. Fax number;
f. Cell phone number, if the applicator wishes to provide it; and
g. Pesticide applicator
license number;
(9) If the client on whose behalf the treatment
is made is not the individual identified per (6), (7) or (8), the client’s:
a. Name;
b. Address;
c. Telephone number;
d. Fax number;
e. E-mail address, if the contact wishes to
provide it;
(10) If the contact or spokesperson is different
than the individual identified in (9) above, that contact or spokesperson’s:
a. Name;
b. Telephone number;
c. Cell phone number, if the contact or spokesperson wishes to provide it; and
d. E-mail address, if the contact or
spokesperson wishes to provide it;
(11) Whether any previous special permits were
issued to conduct pesticide treatment at the site;
(12) If applicable, the permit number and year of
the most recent permit issued to conduct pesticide treatment at the site;
(13) A description of the treatment area
including:
a. A list of treatment areas;
b. Whether there are activities in the
treatment area or water uses that might be affected by the pesticide treatment;
c. If there are activities in the treatment
area or water uses that might be affected by the pesticide treatment provide a
list and description of each one;
d. Whether a setback easement from any
public water supplies is needed;
e. If a setback easement from any public
water supply is needed, a list of the
water supplies and the location of the nearest distance from the water supplies
to the treatment area; and
f. The reason or need for the pesticide treatment;
(14) A detailed map showing the following:
a. Treatment areas;
b. Adjacent areas;
c. Surface waters including:
1. The surface water to be treated;
2. Inlets labeled; and
3. Outlets labeled;
d. Pertinent topographic
features; and
e. Land type;
(15) Whether or not the surface water to be
treated has regularly flowing outflow;
(16) If the surface water to be treated has
regularly flowing outflow include a description of how the outflow will be
controlled;
(17) The names and addresses of any other persons
or entities that share ownership of the surface water or shoreline;
(18) Whether any other persons or entities that
share ownership of the surface water or shoreline are in agreement with the
treatment; and
(19) A description of the pesticide treatment
including:
a. The target organism;
b. The method of treatment;
c. The pesticide to be used including:
1. The name of the product;
2. The rate of application;
3. The amount of formulation to be used; and
4. An attachment of a complete copy of the
pesticide label(s) to be used;
d. Planned maximum concentration in parts
per million of the chemical in the treated surface water;
e. The chemical formulation in which the
concentration is expressed;
f. Number of treatments;
g. Approximate date(s) of the
treatment; and
h. Statement that treatment
shall be consistent with the label recommendations of the pesticide or
pesticides to be used.
(b)
The applicant, or pesticide applicator if not the applicant, and if applicable
the client, shall sign and date the form attesting that the information
provided in the application is accurate and true and acknowledging that
falsification of information will result in denial of a special permit.
(c)
The applicant shall mail or hand-deliver the completed application to:
NH Division of
Pesticide Control
PO Box
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; amd by #6944, eff
2-24-99; ss by #7460, eff 3-15-01; ss by #7890, eff 5-19-03; ss by #8131, eff
8-13-04, EXPIRED: 8-13-12
New. #10585, INTERIM, eff 5-13-14, EXPIRED:
11-10-14
New. #10875, eff 7-8-15
Pes 604.04 Minimal
Adverse Effects.
(a)
The following shall be exempt from the requirements of Pes 600:
(1) Copper sulfate or copper sulfate compound
pesticide application(s) for treatment of public surface waters recommended by
the water division, department of environmental services, pursuant to RSA
487:15-25; and
(2) Reclamation of lakes and ponds for restocking
purposes by the fish and game department pursuant to RSA 206:10.
(b)
Agencies carrying out activities pursuant to (a) above shall proceed as
follows:
(1) Present orally to the director, division of
pesticide control information as described under Pes
502.04 (b) and (c);
(2) Obtain verbal approval prior to the proposed
treatment from the director, division of pesticide control; and
(3) Submit a written
application as described under Pes 502.04 (b) and (c)
to be received by the division no later than 10 days after the date of
treatment.
Source. #10875, eff 7-8-15 (from Pes
604.03)
APPENDIX
|
Rule |
|
|
|
|
|
Pes 601.01 |
RSA 430:31, IV; RSA
430:34, II; RSA 430:41, IV |
|
Pes 602.01 |
RSA 430:31, IV(c) |
|
Pes 602.02 – 602.05 |
RSA 430:31, IV; RSA
430:34, II; RSA 430:41, IV |
|
Pes 602.06 – 602.07 |
RSA 430:41, IV |
|
Pes 603.01 – 603.05 |
RSA 430:31, IV; RSA
430:34, II; RSA 430:41, IV |
|
Pes 603.03(c)(11) |
RSA 430:31, IV |
|
Pes 603.03(c)(16) |
RSA 430:31, IV |
|
Pes 603.03(c)(18) |
RSA 430:31, IV |
|
Pes 603.03(d),(e) |
RSA 430:31, IV |
|
Pes 603.03(c)(23)f. |
RSA 430:31, IV |
|
Pes 604.01 |
RSA 430:31, IV(e) |
|
Pes 604.02 – 604.04 |
RSA 430:31, IV; RSA
430:34, II; RSA 430:41, IV |