Or. Admin. Code § 603-057-0392 - Limitations on Pesticide Products Containing Aminocyclopyrachlor
(1) In addition to
the other prohibitions stated in this rule, it is prohibited to apply any
product containing aminocyclopyrachlor on any of the following sites:
(a) Rights of way;
(b) Natural areas, such as wildlife
management areas, wildlife openings and wildlife habitats;
(c) Restoration areas, marshes, swamps, bogs
and wetlands; or
(d) Inner or outer
banks of ditches or canals.
(2) An exception to the prohibitions in
subsections (1)(a) - (1)(c) of this rule is if all of the following conditions
are met:
(a) Applications are noncontiguous
and, in the aggregate, do not exceed more than five percent of an
acre;
(b) Use is limited to one
application per 365 days per treated area; and
(c) Use is to control state - or
county-listed noxious weeds.
(3) In addition to the other prohibitions
stated in this rule, it is prohibited to apply any product containing
aminocyclopyrachlor in any area where the roots of nontarget trees or shrubs
may extend.
(4) In addition to the
other prohibitions stated in this rule, it is prohibited to apply any product
containing aminocyclopyrachlor by any type of aerial application
method.
(5)
(a) In addition to the other prohibitions
stated in this rule, it is prohibited to apply any product containing
aminocyclopyrachlor in any of the following areas unless the application meets
all of the conditions of section (2) of this rule:
(A) Sage-grouse core areas;
(B) Sage-grouse low density areas;
or
(C) Sage-grouse general habitat
within 3.1 miles of a lek.
(b) For purposes of this section, "core
areas," "low density" areas, and "general habitat" are defined in OAR
635-140-0002 and designated in maps maintained by the Oregon Department of Fish
and Wildlife.
(6) In
addition to the other prohibitions stated in this rule, it is prohibited to
allow or provide plant materials, including sawdust, bark or other byproducts
from trees, that have been treated with or otherwise exposed to
aminocyclopyrachlor for use in compost, mulch or animal bedding that is
subsequently used for compost or mulch.
(7) For purposes of this rule, "rights of
way" means the following areas involved in common transport:
(a) City, county, state and federal roads and
highways;
(b) Railroads and
airports;
(c) Electric utilities
(transformer stations and substations, switching stations, transmission lines
and distribution lines), excluding wind farms;
(d) Pipelines;
(e) Banks of public bargeways and areas
around locks and dams; and
(f)
Bicycle, bridle, snowmobile and other public recreational paths.
(8) Failure to comply with this
rule may result in one or more of the following actions:
(a) Revocation, suspension or refusal to
issue or renew the license or certification of an applicant, licensee or
certificate holder;
(b) Imposition
of a civil penalty; or
(c) Any
other enforcement action authorized under any law.
Notes
Statutory/Other Authority: ORS 561.020, 634.016, 634.306, 634.322, 634.372 & 634.900
Statutes/Other Implemented: ORS 634
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