Haw. Code R. § 4-66-64 - Conditions and limitations on aerial application of restricted use pesticides

(a) No person shall apply a restricted use pesticide by manned or unmanned aircraft except by special permit issued by the head and under the following conditions and limitations:

(1) Application for a special permit to apply restricted use pesticides by aerial application shall be made on forms prescribed by the head. Forms are available at the department or on-line at https://hdoa.hawaii.gov;

(2) The special permit application shall include date, name, address and certification number of the applicator, purpose of aerial treatment, restricted use pesticide formulation, dosage, method of aerial treatment, the proposed number of treatments to be made, and a sketch or map that indicates general wind directions, proposed site or sites to be treated, homes, roadways, waterways, and crop plantings in the vicinity;

(3) The head may refuse to issue a special permit for aerial application of restricted use pesticides if it is determined that the proposed aerial treatment may cause unreasonable adverse effects to humans or the environment or will create a hazard. All refusals shall be in writing and the reasons for refusal stated;

(4) A special permit for aerial application of restricted use pesticides shall specify the time period for which the special permit is valid. The head may specify and limit a special permit for aerial application of restricted use pesticides to cover a single, multiple, or continual treatments when conditions are not expected to change or vary during subsequent treatments that are conducted in the same designated area or areas;

(5) Any special permit for aerial application of restricted use pesticides may be canceled or revoked by the head before its stated expiration date for reasonable cause. Such cancellation or revocation shall be in writing and reasons for cancellation or revocation stated;

(6) The head shall be notified no less than twenty-four hours in advance of the aerial treatment unless another time period is specified as a permit condition; and

(7) The issuance of a special permit for aerial application of a restricted use pesticide shall not relieve the permittee from the penalty provisions of the Act or any liability for any damage or contamination of crops or plants, animals, humans, and the environment resulting from the aerial treatment or contamination of crops or plants, animals, humans, and the environment resulting from the aerial application of restricted use pesticides.

(b) The following provisions shall apply to the operating conditions of manned or unmanned aircraft and equipment used for aerial application of restricted use pesticides:

(1) Spray equipment on manned or unmanned aircraft shall be leakprodf. Spray nozzles shall be equipped with a device to prevent dribble when spray is turned off;

(2) All aerial pesticide dispersal equipment shall be inspected and maintained in good working order according to the manufacturer's instructions; and

(3) Manned or unmanned aircraft used to apply restricted use pesticides, and manned or unmanned aircraft operators, shall comply with all Federal Aviation Administration Regulations.

(c) The head may add further permit conditions as deemed necessary for the protection of the public, or environment, or both.

(d) Failure to comply with the terms or conditions of any special permit for aerial application of restricted use pesticides may subject the permittee, or person supervising the aerial application, or both, to additional penalties as provided by law.

Notes

Haw. Code R. § 4-66-64

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33) (Imp: HRS § 149A-33) Am and comp 8/23/2019