01- 026 C.M.R. ch. 28, § 2

Current through 2024-51, December 18, 2024

Section 026-28-2 - Maine Pesticide Notification Registry for Non-Agricultural Pesticide Applications

The Board shall maintain a list of individuals who must be notified of outdoor, non-agricultural pesticide applications in their vicinity. This list shall be referred to as the Maine Pesticide Notification Registry.

A.Individuals to be Included on the Registry

1. Individuals requesting to be listed on the Maine Pesticide Notification Registry shall pay all appropriate fees and provide the following information on forms supplied by the Board:

a. Name;

b. Mailing address;

c. Listed registry residence, including street or road address and city;

d. Daytime and evening telephone number(s), one of which is designated as the primary contact number; and

e. The names and addresses of all landowners or lessees within 250 feet of the boundary of the listed registry residence.

2. Individuals may register more than one residence by completing additional forms and paying all appropriate fees.

3. The effective period of the registry will be from March 1 to February 28 of the following year. Individuals must submit their request for inclusion on the next effective registry by December 31. All submissions received after that date will be included on the following registry. Individuals may notify the Board at any time of changes in their listed registry residence, however, changes will not take effect until the following registry. An individual will not be considered officially included on the Maine Pesticide Notification Registry unless their name appears on the current effective registry.

4. The Board shall mail renewal notices to individuals listed on the Maine Pesticide Notification Registry on or before November 1 of each year. An individual must re-apply and pay all appropriate fees annually to remain on the registry for the next twelve month period.

B.Alerting Neighbors to the Presence of an Individual on the Registry

1. All individuals on the Maine Pesticide Notification Registry shall annually provide a letter to all landowners and lessees within 250 feet of their property boundary from whom they want to receive notification.

2. This letter, approved and supplied by the Board, must inform neighbors of the existence of the Maine Pesticide Notification Registry, the individual's request to be notified in the event of an outdoor pesticide application, the distance from the property boundary which shall cause notification to be given for non-agricultural pesticide applications, and the notification requirements of this chapter.

3. The individual on the registry requesting notification bears the burden of proof for demonstrating that this provision has been met.

4. Failure to distribute the letter will not prohibit an individual from being added to or remaining on the registry.

C.Registry Provided to Commercial Applicators

The Maine Pesticide Notification Registry shall be printed and distributed annually to affected licensed Commercial Master Applicators on or before its effective date of March 1. Newly licensed Commercial Master Applicators will be provided a copy of the current effective registry upon licensing.

D.Notification to Individuals on the Maine Pesticide Notification Registry

1. Commercial applicators shall notify an individual listed on the registry when performing an outdoor, non-agricultural pesticide application that is within 250 feet of the property boundary of the listed registry residence.

2. A person who receives a letter in accordance with Section 2(B) and who performs any outdoor, non-agricultural pesticide application within 250 feet to the property boundary of the listed registry residence shall notify the individual from whom the letter was given or sent.

3. Notification must consist of providing the following information to the individual on the registry:

a. The location of the outdoor pesticide application;

b. The date and approximate start time of the pesticide application (within a 24 hour time period) and, in the event of inclement weather, an alternative date or dates on which the application may occur;

c. The brand name and EPA registration number of the pesticide product(s) which will be used; and

d. The name and telephone number of the person or company making the pesticide application.

4. An individual on the registry who receives notification may request a copy of the pesticide product label or Material Safety Data Sheet. The person or company performing the pesticide application shall make reasonable efforts to comply with such request for additional information. However, such requests for additional information will not delay nor prohibit the person or company from performing the pesticide application as scheduled.

5. Notification must be received between 6 hours and 14 days prior to the pesticide application.

6. Notification must be made by telephone, personal contact or mail.

a. In cases where personal contact with the individual listed on the registry is not achieved, notification requirements are met via telephone if:

i. the information is placed on a telephone answering device activated by calling the individual's primary contact telephone number; or

ii. the information is given to a member of the household or workplace contacted by dialing the primary contact telephone number.

b. If notification cannot be made after at least two telephone contact attempts and personal contact is not feasible, notification may be made by securely affixing the notification information in written form on the principal entry of the listed registry location.

7. The person or company performing the pesticide application bears the burden of proof for demonstrating that they have complied with this section.

E.Exceptions

1. Any person providing written notices to property owners in accordance with Chapter 51, "Notice of Aerial Pesticide Applications," shall be exempt from this section.

2. The following types of pesticide applications do not require notification under this section:

a. The application of pesticides indoors;

b. Agricultural pesticide applications;

c. The outdoor commercial application of pesticides to control vegetation in rights-of-way in certification and licensing category 6A (rights-of-way vegetation management);

d. The outdoor commercial application of pesticides in certification and licensing category 7A (structural general pest control) within five (5) feet of a human dwelling, office building, institution such as a school or hospital, store, restaurant or other occupied industrial, commercial or residential structure which is the intended target site;

e. The application of general use pesticides by hand or with non-powered equipment to control stinging insects;

f. The placement of pesticidal baits;

g. The injection of pesticides into trees or utility poles;

h. The placement of pesticide-impregnated devices on animals, such as ear tags and flea collars;

i. The application of pesticidal pet supplies, such as shampoos and dusts;

j. The application of disinfectants, germicides, bactericides and virucides, such as bleach. The use of disinfectants in the pressure-washing of the exterior of buildings is not exempt under this section;

k. The application of insect repellents to the human body;

l. The application of swimming pool products;

m. The application of general use paints, stains, and wood preservatives and sealants applied with non-powered equipment or by hand or within an enclosure which effectively prevents the escape of spray droplets of the product being applied; and

n. The injection of pesticides into wall voids.

F.Exemption from this section

If an individual on the current effective registry and a person or company performing pesticide applications subject to this rule can reach an agreement on notification provisions acceptable to both parties other than those described herein, then the requirements as described in this section may be waived. For such an exemption to be in effect, the details of the notification agreement must be placed in writing and signed by both parties. Either party may terminate the notification agreement with a 14-day, written notice.

G.Fee

The annual application fee for an individual requesting to be on the registry willbe $20.00. The Board may waive the fee for individuals who demonstrate an inability to pay, or where other extenuating circumstances exist which justify granting a waiver. Evidence of an individual's inability to pay shall include, but not be limited to, the individuals participation in any of the following programs:

1. Food Stamps

2. Temporary Assistance for Needy Families (TANF)

3. Supplemental Security Income (SSI)

4. Social Security Disability (SSD)

5. Maine Care (Medicaid)

Requests for a fee waiver must be in writing and be made by the individual at thetime of application for listing on the registry. The written request must contain sufficient information for the Board to determine that a basis for granting a fee waiver has been demonstrated in accordance with this rule.

01- 026 C.M.R. ch. 28, § 2