Ala. Admin. Code r. 80-1-14-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-1-14-.09 - Exemptions

No person, method, procedure or type of application equipment used for aerial application of pesticides shall be exempt from any of the provisions of this Section except as stated herein:

(1) Persons exempted under Section 2-27-52, Code of Ala. 1975, are also exempted under this Section.

(2) During an emergency proclaimed by the Commissioner, specific aerial applicators may, on a temporary basis, be exempted from all, or from specific regulations by the Commissioner.

(3) Persons certified and/or licensed under the category of public health pest control and under supervision of a state, federal or other governmental agency or a utility which is regulated by the Alabama Public Service Commission, when conducting a control operation for disease vectors or other pests of public health significance, shall be exempted from Sections 80-1-14-.06(4), and 80-1-14-.07(5), (6), (7) and (8).

(4) Aerial applicators under contractual agreement with state, federal or public agency and under supervision of such an agency when conducting a pest control operation may be exempted from all or from specific rules, provided that, at least 30 days prior to the proposed initiation of the subject operation they present to the Commissioner a complete description of the operation which meets or exceeds the following standards:

(a) Project Description: The application shall include all of the following:

1. Explanation of why the project is needed,

2. Identification of target pest or pests,

3. Map showing treatment area,

4. Total acreage to be treated,

5. Proposed range of dates of application.

(b) Description of the Pesticide: The application shall contain a description of the pesticide(s) proposed for use under the exemption. Such information shall include:

1. A statement that the pesticide product(s) proposed for use carry current state and federal registration and are currently labeled for the proposed use. Include EPA registration number for each pesticide,

2. Material Safety Data Sheet (MSDS). Include an MSDS for each pesticide proposed for use,

3. A statement specifying the composition of the final spray mixture to be applied to the target area. Identify any diluent(s), adjuvant(s), or other materials to be used with the pesticide(s) in the final spray mixture.

(c) Aircraft Information: The description shall include the following:

1. Identification of type(s) of aircraft proposed for use (fixed wing, helicopter, etc.),

2. Identification of equipment specifications.

(d) Environmental Evaluation: The description shall include the following:

1. Identify or map any hospitals, schools, nursing homes, watersheds, and any other sensitive areas in or near the proposed treatment area,

2. List any rare, threatened, or endangered species in the proposed treatment area and describe measures if any, which will be used to lessen adverse environmental impacts to such species or the habitat or same from the proposed treatment(s),

3. Describe alternative methods or options of pest control. A "no treatment" alternative should be included. Describe probable environmental consequences of each alternative,

4. Describe measures which shall or may be taken to mitigate the adverse environmental impact(s) of the proposed project.

Author: Marise Mims Sandidge

Ala. Admin. Code r. 80-1-14-.09

Adopted January 18, 1974, effective date April 1, 1974. Amended: May 18, 1993.

Statutory Authority:Code of Ala. 1975, § 2-27-57.