Section 22a-54-1 - Application of pesticides from the air(a) No permit for the application of broad spectrum chemical pesticides from the air for non-agricultural purposes shall be issued by the commissioner of environmental protection. Permits for agricultural purposes, such as, but not limited to, those activities set forth in the definitions of "agriculture" and "farming" in section 1-1 of the general statutes, shall be issued by the commissioner of the department of environmental protection only after the applicant has produced evidence satisfactory to the commissioner that the proposed material and its method of application shall not be injurious to the public health, aquatic and animal life, including pollinating insects, or property not owned or leased by the applicant or those on whose behalf the application is made. For purposes of this section, "broad spectrum chemical pesticides" means a pesticide not of biological origin which is non-selective, and has the potential to prevent, destroy, repel or mitigate a variety of organisms.
(b) Notwithstanding subsection (a) of this section or section 22a-66-7 of the regulations of Connecticut state agencies, if the commissioner of environmental protection, in consultation with the commissioner of public health, determines that the application of broad spectrum chemical pesticides from the ground is impractical and that application of broad spectrum chemical pesticides from the air is necessary to control specific vectors of human disease which pose an imminent threat to public health, the commissioner of environmental protection may authorize a state agency or a municipality or their agents to engage in such application by aircraft, subject to the following conditions: (1) A request for authorization to apply broad spectrum chemical pesticides from the air shall be in writing and shall include: (A) the purpose of the pesticide application; (B) the name and United States Environmental Protection Agency registration number of the pesticide; (C) a detailed description of the area(s) to be treated; (D) the name and business address of the applicator; and (E) the proposed date(s) and time(s) of application.(2) Only pesticides registered by the commissioner under section 22a-48 of the Connecticut general statutes, and approved by the commissioner for aircraft application under subsection (b) of this section shall be used. Any pesticide approved for aircraft application under subsection (b) of this section shall have the least possible impact on human health and the environment, considering its rate and method of application. The commissioner may impose any conditions upon the approval he finds appropriate.(3) Following approval by the commissioner of environmental protection, and prior to application from the air of any broad spectrum chemical pesticide authorized under this regulation, public notice of the application shall be provided by the applicant in a manner reasonably calculated to inform persons in the affected area of the pending activity and may include use of the broadcast media. Additionally, notice shall be provided to the principal of any school located within the affected area, and, if the affected area is within the watershed of a public drinking water reservoir, notice shall be given to the water utility affected. Such notice shall include, but is not limited to: (A) The purpose of the pesticide application;(B) The name of the pesticide(s) to be applied;(C) A description of the area(s) to be treated; and(D) The proposed date(s) and time(s) of the application.Conn. Agencies Regs. § 22a-54-1
Effective December 29, 1977; Amended June 2, 1997