Current through 2022-14, April 6, 2022

A. Positive Identification of the Target Site

The person contracting for an aerial pesticide application shall ensure that the application site (i.e., target area) is positively identified prior to application, using a unique and verifiable method, including;

I. An onboard, geo-referenced electronic mapping and navigation system (e.g., GPS); or
II. Effective site markings visible to the applicator; or
III. Other method(s) approved by the Board.
B. Site Plans Required

Prior to spraying by aerial application within 1,000 feet of a Sensitive Area Likely to Be Occupied, the person contracting for the application shall provide to the applicator a site plan that includes:

I. a site map drawn to scale that:
(i) delineates the boundaries of the target area and the property lines;
(ii) depicts significant landmarks and flight hazards;
(iii) depicts the type and location of any Sensitive Area Likely to Be Occupied within 1,000 feet of the target area; and
(iv) depicts other Sensitive Areas within 500 feet of the target area.
II. If applicable, a school bus schedule shall accompany the site map.
III. The site plan and site map with identified sensitive areas required under Section 3(B) shall be retained by the applicator for a period of two years following the date of applications and shall be made available to representatives of the Board upon request.
IV. Compliance with this section satisfies the requirements of Section 2(C).
C. Site-Specific Application Checklist

Prior to conducting an aerial pesticide application within 1,000 feet of a Sensitive Area Likely to Be Occupied, the applicator shall complete a Board-approved pre-application checklist for each distinct field or target site. The checklist shall be maintained by the applicator for a period of two years and shall be available for inspection by representatives of the Board at reasonable times, upon request. The checklist shall include, at a minimum, the following elements:

I. The date, time, description of the target site and name of the applicator;
II. Confirmation that the notification requirements contained in CMR 01-026, Chapters 28 and 51, have been carried out;
III. Confirmation that the target site has been positively identified;
IV. The location of where weather conditions are measured and a description of the equipment used to measure the wind speed and direction;
V. Confirmation that conditions are acceptable to treat the proposed target site, considering the location of any Sensitive Area Likely to Be Occupied and current weather conditions;
VI. Wind speed and direction;
VII. The measures used to protect all Sensitive Areas;
VIII. Confirmation that there are no humans visible in or near the target area.
D. Buffer Zones for any Sensitive Area Likely to Be Occupied

Aerial applicators shall employ site-specific buffer zones adjacent to any Sensitive Area Likely to Be Occupied sufficient to prevent unlawful pesticide drift, unless consent has been granted by the landowner, lessee and occupant (when applicable), consistent with the provisions of Section 4(C) of this rule.

E. Wind Speeds for Aerial Applications

Unless otherwise specified by the product label, an applicator may not conduct an aerial application of pesticides within 1,000 feet of a Sensitive Area Likely to Be Occupied unless the wind speed is between 2 and 10 miles per hour.


01-026 C.M.R. ch. 22, § 3

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