Or. Admin. Code § 603-057-0108 - Aerial Applications Generally
(1) A person may not spray or otherwise apply
a pesticide by aircraft unless the person is an individual that holds a valid
aerial pesticide applicator certificate issued by the Oregon Department of
Agriculture.
Aerial Pesticide Applicator
(2) An aerial pesticide applicator
certificate is a type of license.
(3) For 2016, an aerial pesticide applicator
certificate may only be issued to an individual upon receipt and approval by
the department of:
(a) An appropriately
completed license application form;
(b) Payment of the appropriate fee;
(c) Proof that the individual holds a valid
commercial pilot certificate for the type of aircraft to be used by the aerial
pesticide applicator in applying pesticides;
(d) Proof that the individual holds a valid
pesticide applicator, public applicator, or private applicator license or
certificate; and
(e) Proof, in the
form of a sworn statement or a declaration that the individual has either:
(A) At least fifty (50) hours of experience
as a licensed pesticide applicator, licensed public applicator or certified
licensed private applicator on flights conducted for the purpose of carrying
out spraying or otherwise applying pesticides by aircraft; or
(B) At least fifty (50) hours of flight
training experience as a licensed pesticide applicator, licensed public
applicator, or certified private applicator, or as a pesticide trainee or
public trainee under the supervision of a licensed pesticide applicator,
licensed public applicator, or certified licensed private applicator, on
flights conducted for the purpose of carrying out, or training to carry out,
spraying or otherwise applying pesticides by aircraft.
(4) The department shall suspend
or revoke the aerial pesticide applicator certificate if the certificate holder
fails to maintain the valid pesticide applicator license, public applicator
license or private applicator certificate that was the basis of obtaining the
aerial pesticide applicator certificate.
(5) The annual fee for an aerial pesticide
applicator certificate shall be the same as the fee for pesticide
applicators.
(6) The certification
period for an aerial pesticide applicator certificate issued for 2016 will
expire on December 31, 2016.
(7) As
of January 1, 2017, the certification period for an aerial pesticide applicator
certificate shall not exceed five years.
(8) Beginning January 1, 2017, an aerial
pesticide applicator certificate may only be issued to an individual upon
receipt and approval by the department of:
(a)
An appropriately completed license application form;
(b) Payment of the appropriate fee;
(c) Proof that the individual holds a valid
commercial pilot certificate for the type of aircraft to be used by the aerial
pesticide applicator in applying pesticides;
(d) Proof that the individual holds a valid
pesticide applicator, public applicator, or private applicator license or
certificate;
(e) Proof, in the form
of a sworn statement or a declaration that the individual has either:
(A) At least fifty (50) hours of experience
as a licensed pesticide applicator, licensed public applicator or certified
licensed private applicator on flights conducted for the purpose of carrying
out spraying or otherwise applying pesticides by aircraft; or
(B) At least fifty (50) hours of flight
training experience as a licensed pesticide applicator, licensed public
applicator or certified licensed private applicator, or as a pesticide trainee
or public trainee under the supervision of a certified aerial pesticide
applicator, on flights conducted for the purpose of carrying out, or training
to carry out, spraying or otherwise applying pesticides by aircraft;
and
(f) Proof that the
individual has passed a national examination, or other examination approved by
the department, testing the knowledge of the individual regarding proper
spraying and other application of pesticides by aircraft.
(9) An applicant for an aerial pesticide
applicator certificate issued under OAR 603-057-0108 (7) shall be required to
take a re-examination each fifth year after taking the original aerial
pesticide applicator examination.
(10) If the department's records indicate
that an applicant for certificate renewal has successfully completed during the
preceding five years at least 10 credit hours in programs of instruction or
educational courses satisfactory to the department and related to the spraying
or other application of pesticides by aircraft:
(a) The department shall count any credit
hours in satisfactory programs of instruction or educational courses as
described above toward any instruction or education requirements imposed by the
department for the issuance or renewal of a pesticide applicator or public
pesticide applicator license.
(b)
The department may not count any credit hours in satisfactory programs of
instruction or educational courses described above toward any instruction or
education requirements imposed by the department for the issuance or renewal of
a private applicator's license.
(11) As of January 1, 2017, and for an
individual, the certification period of their pesticide applicator, public
applicator or private applicator license may be aligned with the certification
period for their aerial pesticide applicator certificate.
(12) An aerial pesticide applicator that was
certificated solely on the basis of a public applicator license shall not spray
or otherwise apply pesticides by aircraft to any lands beyond those lands that
he is authorized to spray or otherwise apply pesticides to from the
ground.
(13) In order to be
authorized to make aerial pesticide applications, a pesticide applicator that
is also certificated as an aerial pesticide applicator, must be employed by a
pesticide operator with an aerial endorsement or other similar specification
assigned by the department.
Notes
Statutory/Other Authority: ORS 634.106, 634.112, 634.116, 634.122 & 634.126
Statutes/Other Implemented: ORS 634.128
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