Section Pes 604.01 - Applications by Governmental Agencies For Mosquito Control(a) Pesticide applications to surface waters by government agencies to control immature forms of mosquitoes and other biting arthropods, where the surface waters are not used for drinking or domestic purposes, shall not be subject to the special permit requirements under Pes 600 provided that such agencies comply with (b)-(e) below.(b) Except for during a public health emergency, government agencies shall make application for a special permit to control mosquitoes and other biting arthropods according to the following provisions: (1) The application shall be made on forms provided by the division;(2) Applicants shall submit special permit applications to the division at least 30 days prior to the proposed commencement date of the program;(3) Special permit applications shall include information and supporting documentation as specified under Pes 502.04(c) and (d);(4) If the government agency is a municipality that approves mosquito control programs by town meeting, the control program shall have been approved by vote at a town meeting;(5) Special permit applications shall include information on the methods to be used to notify the following, pursuant to (e)(2) below:a. Residents of the town located in the spray area;d. Others affected by the treatment.(c) Pesticide applications due to a public health emergency require a special permit, as follows: (1) Application for a special permit shall be made in accordance with Pes 502.04(c) and (d); and(2) The applicant shall provide written notification prior to application of pesticides in accordance with the provisions of Pes 505.06(q).(d) Prior to issuing a special permit to a government agency for mosquito control, the division shall obtain written recommendations from the water division, department of environmental services, and the fish and game department.(e) Upon receipt of a special permit for mosquito control, government agencies shall comply with the following: (1) No pesticide application under said permit shall be made within 75 feet of any well used as a source of drinking water;(2) Prior to commencement of any pesticide applications the applicant shall provide notification to potentially affected persons in accordance with the requirements specified under Pes 505.06(q);(3) The applicant shall provide the division 48-hour advanced notification of intent to commence pesticide applications; and(4) Prior to commencement of any pesticide applications, the applicant shall provide to the division a written, signed attestation that all of the notification requirements, and any other pre-application conditions of the permit have been satisfied.N.H. Admin. Code § Pes 604.01
#1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; amd by #7341, EMERGENCY, eff 8-7-00 EXPIRED: 2-3-01
New. #7553, eff 9-5-01; ss by #8131, eff 8-13-04
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10619, Effective 5/13/2014, Expires11/10/2014.Amended by Volume XXXV Number 32, Filed August 13, 2015 , Proposed by #10875, Effective 7/8/2015, Expires7/8/2025.Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12122, Effective 2/28/2017, Expires 2/28/2027.