01- 026 C.M.R. ch. 29, § 6

Current through 2024-51, December 18, 2024

Section 026-29-6 - Buffer Requirement

A. No person shall make an outdoor terrestrial broadcast application of pesticides, except for applications made to control arthropod vectors of human disease or stinging insects, within twenty-five (25) feet from the mean high water mark of:

I. Any lake or pond, except ponds that are confined and retained completely upon the property of one person and do not drain into or have a surficial connection with any other waters of the State;

II. Rivers

III. Any stream depicted as a solid or broken blue line on the most recent edition of the U.S. Geological 7.5-minute series topographic map or, if not available, a 15-minute series topographic map;

IV. Estuarine and marine waters as defined under 38 M.R.S.A. §361-A(5); or

V. Wetlands, except man-made wetlands that are designed and managed for agricultural purposes, which are:

a. connected to great ponds at any time of the year; or

b. characterized by visible surface water; or

c. dominated by emergent or aquatic plants.

B. An applicator may vary from the standards imposed under Chapter 29, Section 6(A) by obtaining a permit to do so from the Board. Permit applications shall be made on such forms as the Board provides and shall include at least the following information:

I. The name, address and telephone number of the applicant;

II. The area(s) where pesticides will be applied;

III. The type(s) of pesticides to be applied;

IV. The purpose for which the pesticide application(s) will be made;

V. The approximate application date(s);

VI. The type(s) of application equipment to be employed; and

VII. The particular reasons why the applicant seeks a variance from the requirements of this section, including a detailed description of the techniques to be employed to assure that a reasonably equivalent degree of protection of the water body will be obtained.

C. Within 30 days after a complete application is submitted, the Board or its staff shall issue a permit if it finds that the applicant will:

I. Achieve a substantially equivalent degree of protection as adherence to the requirements of this section would provide; or

II. Demonstrate an appropriate balance of risk and benefit; and

III. Will conduct the application in a manner which protects surface waters as defined in Chapter 29, section 6(A).

The Board may place conditions on any such permit, and the applicant shall comply with such conditions. Except as required by the permit, the applicant shall undertake the application in accordance with all of the procedures described in his variance request and all other applicable legal standards. Permits issued by the Board under this section shall not be transferable or assignable except with further written approval of the Board and shall be valid only for the period specified in the permit.

01- 026 C.M.R. ch. 29, § 6