01- 026 C.M.R. ch. 24, § 3

Current through 2024-51, December 18, 2024

Section 026-24-3 - Siting and Structural Requirements for New Major Pesticide Storage Facilities

A. Applicability

All major pesticide storage facilities that become operational after the effective date of this chapter must conform with the provisions of this section.

B. Siting Requirements for New Major Pesticide Storage Facilities

I. No new major pesticide storage facility may be located:

a. in a 100 year flood plain;

b. overlying any aquifer which has been identified by a municipal as a current or future source of public drinking water; or

c. overlying any sand and gravel aquifer with a yield greater than 10 gallons per minute which has been mapped by the Department of Conservation, Maine Geological Survey.

II. No new major pesticide storage facility may be sited closer than 1,000 feet from any:

a. school, hospital, nursing home, correctional facility, or other similar institutional building;

b. densely populated area as defined by the Maine Department of Transportation Compact Urban Line, unless the storage facility is located next to an office building or retail store which meets the criteria in Section 3(B)III(b) below;

c. pesticide critical control area as defined by 22 M.R.S.A. §1471-F, "Critical areas" and 01-026 CMR Chapter 60, "Designation of Critical Pesticide Control Areas;" and

d. water body or well which serves any public water supply.

III. No new major pesticide storage facility may be sited closer than 250 feet from any:

a. residential building;

b. office building or retail store, unless it meets one of the following exceptions:

i. the office building or retail store is owned and/or operated by the licensed pesticide dealer;

ii. the office building or retail store is located in an area zoned or identified by a municipality for industrial use; or

iii. the office building or retail store is located in an area zoned by a municipality for business or commercial use and the construction of that pesticide storage facility has been approved by the municipal planning or zoning board;

c. state water body;

d. wetlands of special significance;

e. private domestic well unless it solely serves the building owned and/or operated by the licensed pesticide dealer; and

f. area used for livestock.

C. Structural Requirements for New Major Pesticide Storage Facilities

I. Basement

All new major pesticide storage facilities shall be constructed without a basement.

II. Walls and Ceiling

The exterior walls and ceiling of a new major pesticide storage facility shall be constructed to have a fire resistance rating of two hours.

III. Doors

a. All doors shall have a fire resistance rating of 1 hour.

b. All new major pesticide storage facilities shall have, at least:

i. two means of egress, one of which must be a standard door on which panic hardware is installed. The standard door must latch shut when closed and open outward from where products are stored when a person depresses the horizontal bar on the panic hardware. If there is a smaller room or partitioned area within the facility, it too must have an outward opening standard door with panic hardware as previously described in this sub-section.

ii. one outside door at ground level with a minimum opening of 10' by 12'. This door shall not qualify as a means of egress as described in Section 3(C)III(b)i unless it is equipped with a device which allows it to be easily and quickly opened in an emergency.

01- 026 C.M.R. ch. 24, § 3