RULE 19. R147E-O GENERAL RULES

 

(~)I.   Pesticide Anti-Siphon. All pest control equipment using pesticides and drawing water from the surface waters of the State or from notable water supplies shall have an effective anti-siphon device approved by the Director to prevent back flow.

 

(~)2.7  No pesticide shall be applied to public water supplies or their tributaries except by legally established water supply entities or their agents as authorized by the Director. Pesticide applications to lands near or adjacent to public water supplies shall be made in such a manner that no pesticides drift or flow into such water supplies.

 

(~3.7 No pesticide application may be made within 400 feet of gravel packed wells used for public water supply or within 250 feet of other wells so used, unless the Director has approved materials and methods to be employed.

 

~)47 Pesticide applications shall not be made on the watershed within 400 feet of a public water supply unless the Director has approved such applications.

 

(~5.7 No restricted-use or “state limited use” pesticide shall be applied to woodland areas exceeding 25 acres without the prior approval of the Director.

 

ff)6    Pesticide applications to areas adjacent to crops or pasturage shall be such that contamination of crops or pasturage does not occur.

 

£Q)~.Pesticide application for agricultural purposes shall be such that contamination to adjacent lands does not occur.

 

ffi~&7 Pesticide applications to any surface waters of the State for the control of aquatic nuisances or for any other reason shall not be made unless the Director has approved such applications.

 

W9.~ No application of pesticides by means of aircraft shall be made within the State without prior approval of the Director or his designated representative.

 

(j)1.07 No application of pesticides shall be made by mechanically powered equipment at such times as the wind velocity will cause a hazardous chemical to drift beyond the target area.

 

(K)-l-h  Pesticide containers shall not be used for any purpose, other than the storage of pesticides, unless the Director has approved such purpose and the containers have been properly cleaned.

 

(U4.2~ Pesticide dealers displaying “restricted use” or “State Limited Use” pesticides, shall display such pesticides in an area separate from general use pesticides.

 

£M~14  Pesticide dealers displaying “restricted use” or “state limited use” pesticides, shall post a sign bearing the statement “for sale to certified applicators only”, at the display in a prominent position. The statement shall be imprinted letters at least one inch high.

 

(NI1.4~ No pesticide may be distributed if part or all of the label is missing, unreadable, or otherwise damaged beyond recognition.

 

(O)~4-5.No pesticide may be distributed in containers which are unsafe due to corrosion, leakage, spillage, or other damage.

 

(P)    No person(s) under the age of einhteen (18) years of age shall apply “restricted use” or “state limited use” pesticides as a private or commercial applicator. Except that:

 

(1)  Farm employees sixteen (16) years of age or older may apply general use pesticides only under the direct supervision of a Private applicator.

 

(2)  Immediate farm family members sixteen (16) years or older may applv general use pesticides only on their parents farm without the supervision of a private applicator

 

(Q)       No person shall apply pesticides of any type, without prior written or documented approval from the school principal and/or athletic director, except for rodenticides, cockroach baits, and antimicrobial agents, in or around school property of grades preschool through twelve (12), during regular school hours or during planned school activities, as set by the school administration. After regular school hours, or planned school activities, applications can be made in areas where students will not contact treated areas until sufficient time is allowed for the pesticide to dry, settle or longer if the label so requires. All pesticide application must be made pursuant to §23-25-37 and §23-25-38.

 

This subsection is not applicable to pesticide applications by public health officials during a state public health emergency. In addition this subsection shall not apply to emergency situations where the student(s) or staff member(s) health and well being are at risk such as stinging insects nests, poison ivy or other known life or health threatening pests etc.

 

Regulation XX-XXX-XXX (May 12, 2006)                            Page 37 of 52

 

return to menu