Section 026-51-VII - EmergenciesA.Disease Vectors When the Maine Center for Disease Control and Prevention (CDC) recommends control of disease vectors, government sponsored vector control programs are exempt from this chapter provided that the responsible governmental entity submits the written notice to Board and the written notice to the Maine Poison Control Center as described in this chapter.
B.Other Emergencies The Board's staff may grant an emergency variance from the notice requirements set forth in Sections III, IV, V and VI of this chapter if the notice requirements prevent efficacious application of pesticide(s) and the staff determines that an emergency situation exists.
1. An emergency situation: a. Involves the introduction or dissemination of a pest new to or not theretofore known to be widely prevalent or distributed within or throughout the United States and its territories; orb. Will present significant risks to human health; orc. Will present significant risks to threatened or endangered species, beneficial organisms, unique ecosystems or the environment; ord. Will cause significant economic loss due to: i. an outbreak or an expected outbreak of a pest; orii. a change in plant growth or development caused by unusual environmental conditions where such change can be rectified by the use of a pesticide(s).2. Any emergency variance granted by the staff under this section shall include provisions demonstrating the applicant will furnish substantially equivalent notification as provided by this chapter and shall include:a. Documented notification of person(s) owning property or using commercial or institutional buildings within 500 feet of the intended target site prior to the pesticide application and where appropriate;b. Radio or television announcements or,c. Prominently positioned poster.3. No variance may be granted if the emergency situation is the result of an unjustifiable delay created by the person seeking the variance or the person requesting the pesticide application.4. If the staff does not grant the variance, the applicator or the person requesting the pesticide application may petition the Board for exemption following the requirements set forth in 22 M.R.S.A. §1471-T, "Exemption".01- 026 C.M.R. ch. 51, § VII