|
Persons requiring additional
information regarding these regulations or other matters relating to pesticides
in Vermont should contact:
Philip R. Benedict,
Director
Plant Industry Division
Vermont Department of Agriculture,
Food and Markets
116 State Street, Drawer 20
Montpelier, VT 05620-2901
(802) 828-2431

PREAMBLE
The goal of these pesticide regulations
is to encourage the use of the most environmentally responsible approach
to effective pest management. The Department of Agriculture, Food and
Markets believes that with the knowledge and use of integrated pest management
(IPM) skills and soil/water conservation techniques currently available,
this goal will be achieved.
TABLE OF CONTENTS

|
SECTION
I
|
DEFINITION
|
| SECTION II |
LICENSES, CERTIFICATES
AND PERMITS ISSUED BY THE DEPT. OF AGRICULTURE
|
|
SECTION
III
|
POWERS OF THE COMMISSIONER
|
|
SECTION
IV
|
RESTRICTIONS ON THE USE
AND APPLICATION OF PESTICIDES
|
|
SECTION
V
|
MAINTENANCE OF RECORDS
BY CERTIFIED LICENSED COMPANIES, LICENSED PESTICIDE DEALERS AND
PESTICIDE PRODUCING ESTABLISHMENT
|
|
SECTION
VI
|
COMPANY LICENSE
|
|
SECTION
VII
|
REQUIREMENTS FOR CERTIFIED
COMMERCIAL AND CERTIFIED NONCOMMERCIAL APPLICATORS
|
|
SECTION
VIII
|
CERTIFICATION STANDARDS
FOR COMMERCIAL APPLICATORS AND NONCOMMERCIAL APPLICATORS USING OTHER
THAN CLASS "C" PESTICIDE
|
|
SECTION
IX
|
CERTIFICATION OF PRIVATE
APPLICATORS
|
|
SECTION
X
|
CLASSIFICATION OF PESTICIDES
AND LIMITATIONS ON SALES
|
|
SECTION
XI
|
PESTICIDE DEALER LICENSES
|
| SECTION
XII |
COMMUNITY RIGHT-TO-KNOW
REQUIREMENTS, EMERGENCY ACTIONS AND ACCIDENT REPORTING
|
|
SECTION
XIII
|
TRANSPORTATION, STORAGE
AND DISPOSAL OF PESTICIDES
|
|
APPENDIX
B
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SECTION
I -DEFINITION
1. Accident: any release
of a pesticide or pesticide mix from its container or application equipment
which is contrary to label instructions for use of that pesticide, or
which violates these regulations.
2. Agricultural commodity:
any plant, or part thereof, including but not limited to sod and ornamental
tree production, or animal or animal product produced by persons (including
farmers, ranchers, vineyardists, nurserymen, Christmas tree growers, aquaculturists,
floriculturists, orchardists, foresters, or other comparable persons)
primarily for sale, consumption, propagation, or other use by man or animals.
3. Aircraft: a motorized
device used for flight.
4. Anti-siphon device: any
equipment designed and constructed to prevent the accidental backflow
or siphoning of pesticide into any water supply or to prevent contamination
by a pesticide of other materials being injected at the same time such
as fertilizers or other pesticides.
5. Application sites or treatments
for rights-of-way means:
a.Foliar: The placing of a pesticide
upon the leaves of growing plants.
b.Basal: The placing of a pesticide
upon the stem at the base of a growing tree or shrub.
c.Stump: The placing of a pesticide
upon the cut surface of a stump.
d.Soil: The placing of a pesticide
upon the ground for uptake by plants in the immediate vicinity.
6. Application of a pesticide:
the placement for effect of any pesticide at or on the site where pest
control or other response is desired.
7. Applicators regulated
in Vermont are defined as follows:
a.Certified commercial applicator:
any person certified under the categories and standards of Section VIII,
Vermont Regulations for Control of Pesticides.
b.Commercial applicator: a person
who applies pesticides to the lands or homes of another whether for
remuneration or gratis under the direct supervision of a certified commercial
applicator.
c.Private Applicator: any person
who uses or supervises the use of any pesticide other than those classified
restricted use on property owned or rented by the applicator that is
residential in nature or on property owned or rented by the applicator
or the applicator's employer for the production of an agricultural commodity.
Private applicators may apply pesticides to the property of neighboring
producers of agricultural commodities without a commercial applicator's
certificate, providing that the applicator receives no compensation
other than the trading of personal services between the applicator and
his neighbor.
d.Certified private applicator:
a private applicator who has been certified under the requirements of
Section IX, Vermont Regulations for Control of Pesticides. Certified
private applicators may purchase, use or supervise the use of restricted
use pesticides.
e.Noncommercial Applicator: a
person who uses or applies pesticides in the course of employment. It
is anticipated by these regulations that in most instances the use of
pesticides will comprise only a portion of the applicator's duties and
that other employment responsibilities will be unrelated to pesticide
application. Noncommercial applicators are exempt from the company licensing
requirements. Noncommercial applicators without certification may apply
only Class "C" pesticides in the course of their employment.
Persons without certification who are hired as independent contractors
for the exclusive purpose of applying Class "C" pesticides
shall have the burden of proof in any departmental hearing to rebut
the presumption that they are commercial applicators.
f.Certified Noncommercial Applicator:
a noncommercial applicator who has been certified under the standards
and categories of Section VIII, Vermont Regulations for Control of Pesticides.
A certified noncommercial applicator may purchase, use or supervise
the application and use of restricted and Class "B" pesticides
in the course of their employment. Certified noncommercial applicators
are exempt from the company licensing requirements. Certified noncommercial
applicators shall comply with all other requirements of these regulations.
8. Appurtenance: all valves,
pumps, fittings, pipes, hoses, metering devices, mixing containers, and
dispensing devices which are connected to a storage container, or which
are used to transfer liquid pesticide or pesticide rinsate into or out
of a storage container.
9. Brownout: foliar discoloration
resulting from the application of pesticides or other vegetation control
methods.
10. Bulk pesticide: liquid
pesticide in a container larger than 210 gallons (795 liters) or dry pesticide
in undivided quantities greater than 100 pounds (45 kilograms). It includes
mini-bulk pesticide containers, except as otherwise specified.
11. Chemigation: any process
whereby a pesticide(s) is (are) mixed with water and applied through irrigation
systems to land and/or crops including, but not limited to, agricultural,
nursery, turf, golf course, ornamental or greenhouse sites through an
irrigation system.
12. Commissioner: the Commissioner
of Agriculture, Food and Markets of the State of Vermont or a duly authorized
agent.
13. Company license: a license
issued by the Department of Agriculture to business entities which apply
any pesticides to the lands or homes of another person for remuneration.
No person or business entity may contract to use any pesticide on the
lands of another without first obtaining a company license. A company
license does not exempt a commercial applicator from applicable certification
requirements. The regulations pertaining to the company license became
effective January 1, 1981, and can be found in Section VI of these regulations.
14. Conspicuous point of access:
the usual and customary entrance(s) where people are likely to enter a
treated area and observe warning signs pursuant to Section IV 8.
15. Demonstration: to conduct
or supervise field research or exhibitions with old, new or experimental
use pesticides or pesticide application methods or equipment or to exhibit,
sell or recommend pesticides to the general public, pesticide applicators
or pesticide dealers.
16. Department: the Vermont
Department of Agriculture, Food and Markets.
17. Direct supervision:
on-site supervision of pesticide application by a certified applicator
who is capable of calibration of equipment, prescribing pesticides, calculating
volumes of pesticides to be applied, and dealing with emergency situations
which might occur.
18. Discharge: a spill,
leak, accidental or intentional release, or other emission of pesticide
from a storage container, container or appurtenance, and includes a discharge
into secondary containment. It does not include a fully contained transfer
of bulk pesticide which is made pursuant to sale, storage or distribution
or releases that are in accordance with label directions.
19. Distribute: to import,
consign, sell, offer for sale, solicit orders for sale, or otherwise supply
pesticide for sale or use in this State.
20. Drift: the airborne
movement of a pesticide during or immediately after its use or application
to a site unintended for its use or application.
21. Dry pesticide: pesticide
which is in solid form prior to any application or mixing for application
and includes, but is not limited to, formulations such as dusts, wettable
powders, dry flowable powders and granules.
22. Economic poison: any
substance produced, distributed or used for preventing, destroying, or
repelling any insects, rodents, nematodes, fungi, weeds, or other forms
of plant or animal life or viruses, except viruses on or in living humans
or other animals, which the Commissioner shall declare to be a pest or
any substance produced, distributed or used as a plant regulator, defoliant
or desiccant.
23. Enterprise: any form
of doing business, including, but not limited to, sole proprietorships,
partnerships, joint ventures and corporations.
24. EPA: the United States
Environmental Protection Agency.
25. Equipment: any mechanical
device used to apply pesticides.
26. Environmentally Sensitive
Areas: include those areas which are significant wetlands as defined
by the Vermont Wetlands Act, necessary wildlife habitat (10 V.S.A. Section
6001(12) and which contain endangered or threatened species (10 V.S.A.
Section 5401(6) and (7).
27. FIFRA: the Federal Insecticide,
Fungicide, and Rodenticide Act, 7 USC 136 et seq.
28. Forest trees: plants
which are primarily used for wood, watershed protection, land stabilization
purposes, or wildlife habitat.
29. Fruit and crop plants:
plants which are primarily used to produce food, forage, or seed.
30. Full-time employee:
an employee who works 35 hours minimum per week. A full-time employee
does not include seasonal personnel.
31. Golf Course: any contiguous
area upon which the game of golf is played including such supporting operations
as practice greens, tees and driving areas, whether existing or proposed.
32. Golf Course - existing:
a golf course, after construction, when it has been opened for play.
33. Golf Course - proposed:
a golf course, including expansions of existing courses, which is in the
design, permit or construction stage and has not been open for play.
34. Ground water: water
below the land surface which occurs in a saturated zone of the soil.
35. Half-Life: the time
required for disappearance of one-half of the pesticide residue present.
36. KOC: a measure of the
tendency of a pesticide to be strongly attached, by chemical or physical
bonds, to soil particle surfaces. The higher KOC values have a stronger
attachment to soil and a lesser tendency for the pesticide to move off-site
except with sediment movement.
37. Loading: any act of
transferring pesticide to or from any storage container or to any mobile
application equipment.
38. Liquid pesticide: pesticide
in liquid form and includes, but is not limited to, solutions, emulsions,
suspensions, and slurries.
39. MSDS: Material Safety
Data Sheet is a document required for each hazardous chemical including
pesticides by the Occupational Health and Safety Act. It contains health
and safety data as well as physical properties pertinent to the chemical
which will aid in an emergency situation. MSDS can be obtained through
the distributor or the manufacturer of the pesticide.
40. Manufacture: to process,
manufacture, formulate, prepare, compound, package, repackage or label
any pesticide.
41.Mixing: the act of combining
pesticides and/or solvents or diluents for the purpose of application.
42. Ornamental and flowering
shrubs and plants: plants used for ornamental purposes not otherwise
classified as shade trees.
43. Person: any individual,
partnership, association, corporation, or organization of persons whether
incorporated or not, including any municipality, state, or federal agency
or subdivision of any state.
44. Pesticide: economic
poison as defined in 6 V.S.A. Section 911 and Section I 21. of the Regulations
For Control of Pesticides.
45. Pesticide applicator:
any person who uses any pesticide.
46. Pesticide dealer: any
person who distributes, takes orders for sale, offers for sale or sells
pesticides.
47. Prescreened Pesticide List:
a list of pesticides which due to their relative immobility and limited
persistence (as measured by parameters such as, but not restricted to
solubility, KOC and half-life) are unlikely, under normal conditions and
acceptable use, to leave established turf grass and enter surface and/or
ground water.
48. Private Non-Residential
Property: property open to the public and which is not a residence,
such as an athletic field.
49. Public Non-Residential Property:
property open to the public and which is not a residence, such as a commercial
business.
50. Public Water System:
any system or combination of systems owned or controlled by a person which
provides piped drinking water to the public which has: a) has at least
ten service connections, or b) serves at least an average of at least
twenty-five individuals for at least 60 days a year. Public water system
shall also mean any part of a piped system which does not provide drinking
water, if such use of such a part could affect the quality or quantity
of the drinking water supplied by the system.
51. Public (or private) Water
Source Protection Area: a surface or subsurface area from or through
which contaminants are reasonably likely to reach a public (or private)
water source.
52. Public (or private) Water
Source: any surface or ground water supply used as a source of drinking
water for a public (or private) water system.
53. Restricted use pesticides:
those pesticides classified under Section 3(d) of FIFRA as amended, U.S.
Environmental Protection Agency or those pesticides classified by the
Commissioner as Class "A".
54. Right-of-way: an interest
in real property, above, on or below the ground, which entitles the holder
of the interest to pass over the land for the purpose of carrying, transmitting
or transporting liquids, gases, electricity, communications, vehicles
or people. For the purpose of these regulations, it is immaterial whether
the right-of-way is owned, leased, or an easement. The term "right-of-way"
includes properties owned or leased by utilities where that property is
used as a right-of-way.
55. Shade trees: plants
which are primarily used for shade, aesthetic value, ornamentation or
windbreak.
56. Simple Dilution Analysis:
an analysis involving the dilution of a chemical with an expected volume
of precipitation available for infiltration within a watershed or hydrologic
unit. Simple Dilution Analysis is used to assess the potential for a contaminant
to be transported to groundwater through the process of infiltration.
57. Storage: storage of
pesticide by a person who uses, manufactures or distributes pesticide.
58. Storage container: a
container used for the fixed storage of bulk pesticide; a rail car, nurse
tank, a portable container of mini-bulk pesticide or other mobile container
which is used for the fixed storage of bulk pesticide for more than 15
consecutive days. It does not include a container which is used solely
for emergency storage of leaking pesticide containers which are 55 gallons
or smaller.
59. Storage facility: a
location at which bulk pesticide is held in storage.
60. Surface Water: any river,
stream, creek, brook, reservoir, pond, lake, spring and any other body
of surface water, whether natural or artificial.
61.Turf: a covering of
mowed vegetation growing together with an upper soil stratum of intermingled
roots and stems.
62. Turf-grass: a species
or cultivar of the plant family Graminae usually of spreading or upright
habitat, which is maintained as a mowed turf.
63. Use of a pesticide:
any handling, release or exposure of a pesticide to a human or the environment
including, but not limited to:
a.application of a pesticide,
which includes mixing or loading of equipment and any required supervisory
action in or near the areas of application;
b.storage of pesticides and pesticide
containers;
c.disposal of pesticides and
pesticide containers; and
d.recommendation of pesticide
applications.
64. Utility: railroad companies,
pipelines operators, communication companies and electric companies whether
public or privately owned.
65. Vegetation means:
a.herbaceous plants: species
that do not develop woody stems;
b.brush: woody species of shrubs,
trees, vines, and brambles generally not exceeding ten feet in height;
and
c.trees: woody species generally
reaching a height of ten feet at maturity.
66. Vermont Act 31: the
State law enacted by the General Assembly of Vermont on May 3, 1985, relating
to Community and Worker Right-to-Know; Sec. 1. 18 V.S.A. Chapter 36.
67. Water Supplies: any
developed source of water whether public or privately owned, that is intended
for human consumption.
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SECTION
II -LICENSES, CERTIFICATES, AND PERMITS ISSUED BY THE DEPARTMENT OF
AGRICULTURE, FOOD AND MARKETS
1.Licenses - The following
licenses are issued by the Department:
a.Company license: shall be obtained
by business entities which apply pesticides to the lands and homes of
others for remuneration. See Section VI.
b.Dealer licenses are issued
in the following categories:
(1)Class "A": shall
be obtained by persons who sell restricted use pesticides. Also entitles
licensee to sell Class "B" and Class "C" pesticides.
See Section X.
(2)Class "B": shall
be obtained by persons who sell Class "B" pesticides. Also
entitles licensee to sell Class "C" pesticides. See Section
X.
(3)Class "C": shall
be obtained by stores or other sales outlets which sell Class "C"
pesticides. See Section X.
2.Certificates - The following
certificates are issued by the Department:
a.Commercial and noncommercial
applicator certificates: shall be obtained by persons who apply or supervise
the application of pesticides to the lands and homes of others whether
for remuneration or gratis. Applicators who apply pesticides under the
direct supervision of a certified commercial applicator are exempt from
the certification requirement. Noncommercial applicators (as defined
in Section I. 8.) shall be certified if they use or supervise the use
of Class "B" or restricted use pesticides in the course of
their employment, except when they work under the direct supervision
of a certified applicator. See Section VII.
b.Private applicator certificate:
shall be obtained by private applicators (as defined in Section I. )
who wish to purchase and use restricted use pesticides. See Section
IX.
3.Permits - The following
permits are issued by the Department:
a.Aerial application permits:
shall be obtained before applying pesticides from an aircraft. Two types
of aerial permits are issued: an aerial agricultural permit which is
good for an entire season and special aerial permits for specific jobs.
See Section IV.
b.Right-of-way permits:
shall be obtained before applying pesticides to rights-of-way, as defined
in Section I. See Section IV.
c.Experimental use permits:
shall be obtained to use an unregistered pesticide or to use a registered
pesticide for an unregistered use. See Section IV.
d.Bird or animal permits:
shall be obtained to control bird or animal pests that may be lethally
controlled by use of a pesticide under statute or declared a pest by
the Commissioner. See Section IV.
e.Special permits for the
sale or use of specially restricted pesticides: shall be obtained
before using specially restricted compounds as established by statute
or these regulations. See Section IV.
f.Golf course permit: shall
be obtained in accordance with the provisions herein before applying
pesticides to a golf course. See Section IV.
4.Procedures for obtaining licenses,
certificates, or permits.
a.Businesses or persons who wish
to obtain a license, certificate or permit shall:
(1)Request the appropriate
application form from the Plant Industry Division of the Department
of Agriculture, Food and Markets;
(2)Complete the appropriate
form and return it to the Plant Industry Division;
(3)Remit any fees required
by law or these regulations when the completed form is submitted;
(4)Satisfy all prerequisites
established by these regulations to demonstrate competence or financial
responsibility for the particular license, certificate, or permit
requested:
(a)Examinations required
as part of the prerequisite for a license or certificate will be
maintained for a period of one year unless an active file is established;
and
(b)Inactive files will be
destroyed one calendar year after a holder of a license or certificate
fails to renew that certificate or license.
(5)Businesses and persons proposing
to store, use or distribute pesticides are advised that the statutes
and regulations administered by the Vermont Occupational Safety and
Health Program may be applicable to them. For further information,
write or call the Vermont Department of Labor and Industry, 7 Court
Street, Montpelier, Vermont; telephone number: 802/828-2765.
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SECTION
III - POWERS OF THE COMMISSIONER
1.Suspension or revocation of
licenses, certificates, or permits.
a.The Commissioner may amend,
suspend or revoke any license, certificate or permit for failure to
comply with 6 V.S.A. Chapter 87 or any rule or regulations adopted under
its authority or for being subject to a final order imposing a civil
penalty under 7 USC Section 136(j) or for being convicted under 7 USC
Section 136(j) on due notice to the licensee or holder of the certificate
or permit, with an opportunity for hearing if a written request is filed
with the Commissioner within five (5) days of receipt of a notice of
violation.
b.If the Commissioner finds that
public health, safety or welfare imperatively requires emergency action
and the Commissioner incorporates a finding to that effect in his order,
summary suspension of a license, permit or certificate may be ordered,
pending proceedings for revocation or other action.
2.The Commissioner may restrict
or regulate any pesticide product or device which is deemed to be ineffective
or which constitutes an undue hazard to the public or the environment.
Any person aggrieved by a decision of the Commissioner under this section
may request a hearing within fifteen (15) days of the receipt of notice
of the decision. The hearing shall be for the purpose of reviewing evidence
pertaining to the ineffectiveness of the product or the hazard presented
to the public from use of this product.
3.Pesticide cease and desist
order.
a.The Commissioner may issue
a cease and desist order for failure to comply with 6 V.S.A. Chapter
87 or any rule or regulation adopted under its authority with an opportunity
for hearing if a written request is filed with the Commissioner within
five (5) days of receipt of the cease and desist order.
b.It shall be unlawful to violate
a cease and desist order.
4.The Commissioner may, in furtherance
of the purpose of 6 V.S.A. Chapter 87 and the regulations adopted
pursuant to this chapter, enter the business premises of any licensed
company, certified applicator, or persons using pesticides to inspect
records, equipment or obtain pesticide samples.
The Commissioner may enter any
job site at which a certified applicator is employed or where pesticides
are used to request information regarding pesticide use at that site,
to test equipment or to obtain samples of pesticides or other samples
including, but not limited to: soil, water, air, food, plant material
and animal tissue, from both treated and untreated areas.
5.The Commissioner may enter
into reciprocal agreement with officials of other states and federal
agencies and grant certificates on a reciprocal basis provided that:
a.Certification requirements
are substantially the same as those required by Vermont;
b.The certified applicator knows
and abides by Vermont's pesticide control law and regulations;
c.The certified applicator pays
all appropriate fees;
d.The certified applicator is
a resident of and has a valid pesticide applicator license or certificate
issued by a state which has established a reciprocal agreement with
Vermont; and
e.The certified applicator's
reciprocal certificate is valid for the entire calendar year. Applicators
with certificates which expire on dates other than December 31 of each
year shall provide confirmation that their certificate has been renewed
by their state of residence within forty-five (45) days from the date
of expiration. Failure to provide confirmation will result in the revocation
of reciprocal certificates.
6.In addition to authority conferred
by these regulations, the powers of the Commissioner include all statutory
authority vested in the Commissioner, now or in the future, to enforce
state pesticide laws and regulations. The Commissioner shall develop and
implement policies and strategies for the management of pesticide use
and the protection of ground and surface water resources.
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SECTION
IV -RESTRICTIONS ON THE USE AND APPLICATION OF PESTICIDES
1.Registered and recommended
uses of pesticides.
a.All pesticide uses or recommendations
for use shall comply with that pesticide's label, which shall be registered
with the U.S. Environmental Protection Agency and the Department (except
as provided under authority for pesticide use in Section 18 and 24(c)
of FIFRA as amended).
b.Pesticide Drift - Pesticide
applicators shall use pesticides and conduct operations under conditions
known to minimize contamination of non-target land and water areas.
2.Standards of operations
- All pesticide applicators and licensed companies:
a.Shall use only methods and
equipment which insure safe and efficient application of materials.
b.Shall use equipment with an
effective anti-siphoning device to prevent backflow when drawing or
pumping water to fill pesticide application devices.
c.Shall use equipment with an
effective anti-siphoning device to prevent backflow when drawing or
pumping water to be used in chemigation operations.
d.Shall operate in a careful
manner and only when climatic, pest or other conditions are proper for
controlling pests in the locality.
e.Shall make no false or fraudulent
claims. The term "fraud" includes, but is not limited to,
intentional misrepresentation through verbal or written statements,
the media, falsified records, invoices or reports or false statement
on applications for licenses or certificates.
f.Shall fill out weekly spray
reports accurately.
g.Shall conform to the application
restrictions established in 6 V.S.A. Chapter 87, the Regulations for
Control of Pesticides and permits issued thereunder.
h.Shall cooperate with Department
requests to observe spraying operations, to inspect equipment, to inspect
pesticide related records, to inspect business premises and to conduct
pesticide-related sampling.
i.Shall apply all pesticides
consistent with their labeling. Use of a pesticide in the following
manner shall be considered application consistent with the labeling:
(1)applying a pesticide at
any dosage, concentration or frequency less than specified on the
labeling;
(2)applying a pesticide against
any target pest not specified on the labeling if the application is
to the crop, animal or site specified on the labeling except when
the labeling specifically states that the pesticide may be used only
on pests specified on the labeling;
(3)employing any method of
application not prohibited by labeling;
(4)mixing a pesticide with
fertilizer when such mixture is not prohibited by labeling or state
regulations;
(5)using a pesticide for agricultural
or silvicultural purposes at a dilution factor less than label dosages
as authorized by the EPA in regulations or in advisory opinions.
j.Shall provide the following
information (on a bill, invoice or other written documentation) to all
customers or persons for which pesticide applications are exchanged
for remuneration, at the time of application except for applications
under Section IV 8:
(1)the common or trade name
for each pesticide used;
(2)the EPA registration number
for each pesticide used;
(3)the amount of each pesticide
used;
(4)the pest(s) treated for;
and
(5)the name and signature of
the applicator.
k.Are advised that Vermont Occupational
Safety and Health Program requirements may be applicable to their activities.
l.Shall use pesticides so as
not to exceed the primary groundwater quality enforcement standards
identified in Chapter 12.702 of the "Ground Water Protection Rule
and Strategy" in accordance with 10 V.S.A. Chapter 48.
m.Shall manage the use of pesticides
to reduce the concentrations of pesticides in groundwater to the preventive
action limits established by Chapter 12.702 of the "Ground Water
Protection Rule and Strategy" when monitoring indicates the presence
of pesticide concentrations in groundwater that exceed the preventive
action limits.
n.Shall obtain a Water Quality
Permit (from the Vermont Department of Environmental Conservation, Water
Quality Division), prior to using pesticides in waters of the State.
o.Shall maintain a fifty (50)
foot buffer when applying pesticides which provide control within the
soil profile around any existing private well unless written permission
allowing a lesser distance has been granted by the well owner.
3.Protection of Bees - To
prevent destruction of pollinating insects and contamination of honey
crop, all persons are prohibited from spraying pesticides to flowering
crops, including but not limited to alfalfa, apples, blueberries, clover,
pumpkins, raspberries, squash or trefoil without prior notification of
apiculturists who have established apiaries on the premises. Any individual
hiring commercial applicators shall be responsible for notification of
the apiculturist prior to the application. Apiculturists who are notified
of spraying operations shall remove their bees from the area or cover
the hives to prevent exposure.
The following pesticides are exempt
from the requirement of Section IV, subsection 3:
a.Blossom thinning sprays consisting
of sodium salt or 4,6-Dinitro-o-cresol (DNC) or Dinitro orthocylcohexylphenol.
b.Fungicides.
4.Rights-of-way clearing and
maintenance
a.No person, including utilities
as defined in Section I., shall use herbicides for the purpose of clearing
or maintaining a right-of-way without first obtaining a permit from
the Commissioner for each application as provided in this section.
(1)A request for permission
to use a herbicide on a right-of-way shall be made before April 1
of the year of the proposed spray application.
(2)Application shall be made
on a form provided by the Commissioner. In the case of utilities,
as defined in Section I., the application shall be signed by an officer
of the utility and who shall agree to conditions to be set forth by
the Commissioner in the permit. Final action by the Commissioner will
be taken only after the submitted application form has been forwarded
to the Vermont Pesticide Advisory Council (VPAC) members for review
and recommendation in accordance with 6 V.S.A. Section 1102(d)(1).
(3)The application form shall
be accompanied by two sets of geodetic maps marked with the right-of-way.
With the assistance of the Department of Health, the Department of
Agriculture, Food and Markets, shall mark the public water supplies
along the right-of-way and return one set of maps to the permit applicant.
The other set shall be retained by the Department on permanent file.
Subsequent requests for permits to treat the same right-of-way shall
require re-submission of the permit applicant's set of maps for update.
b.After applying for a permit
to use herbicides on a right-of-way, the permit applicant shall publish
a notice of the intent to use herbicides which satisfies the following
criteria. A copy of the notice shall be supplied to the Department prior
to publication. The notice shall:
(1)be published not less than
25 days nor more than 60 days before the commencement of spraying;
(2)be published for one (1)
day a week for two (2) consecutive weeks in each of two (2) newspapers
prescribed in Appendix B, for every county to be affected by the right-of-way
spraying. If the notices are printed in a daily newspaper, the notice
shall be published on Thursdays. If notices are printed in a weekly
newspaper, the notices shall be published on whatever day the paper
is published;
(3)be at least two (2) columns
wide by three (3) inches high;
(4)set forth the name and address
of the permit applicant; a reasonable identification of the affected
right-of-way; the names of the towns where the spraying is to be done;
the approximate date of the herbicide application; that a permit has
been requested from the Commissioner; the method by which the herbicide
is to be applied; the chemicals to be used; the name, position, address
and telephone number of a person from the permit applicant to contact
for further information; the address and phone number of the Department
of Agriculture, Food and Markets, identifying it as the appropriate
place to contact with comments and/or complaints; a warning to residents
along the right-of-way that water supplies and other environmentally
sensitive areas near the right-of-way should be protected from spray
and that it is the resident's responsibility to notify the contact
person of the existence of a private water supply near the right-of-way.
c.Applicants conducting vegetative
management along rights-of-way shall submit a long-term vegetative management
plan which should include:
(1)A general statement of policy
and goals;
(2)Identification of a biologically
sound schedule to achieve long-term objectives including a specified
time interval between original control and subsequent scheduled control;
(3)Description and identification
of the species to be eliminated or controlled versus the species to
be left in various types of vegetative settings;
(4)List and description of
techniques and conditions under which given mechanical, chemical and
other methods would normally be considered appropriate;
(5)Procedure for identifying,
evaluating, reporting and responding to right-of-way maintenance problems;
(6)Establishment of clearance
standards sought, based on kilowatt of transmission line and the part
of the right-of-way to be controlled; i.e., central strip, side strip,
high visibility, other;
(7)Establishment of standards
and practices for:
(a)Wetlands;
(b)Wildlife;
(c)Erosion control;
(d)Aesthetic considerations.
(8)Establishment of right-of-way
inspection and monitoring standards including frequency of inspection,
manner of inspections and what is to be taken note of; suggested list
-- heights of road crossing screens or ideal clearance level, danger
trees, evidence of tree-conductor contact, species identification,
conditions of sensitive areas, notation of condition of specially
or experimentally treated areas;
(9)Retention of records to
coincide with maintenance cycle of company including right-of-way
inspection dates, maintenance schedules, maintenance activities;
(10)Provisions for periodically
reviewing,evaluating and revising long-range plans and the
time interval for such revisions;
d.In addition to newspaper advertisements,
further notification by one of the following methods containing the informtion
set forth in 4.b.(4) shall be provided by:
1)three (3) spot messages per
day on each of two (2) radio stations in the area of spraying on two
(2) consecutive days during the two-week period prior to the commencement
of spraying.
(2)U.S. mail to residents adjacent
to the right-of-way during the calendar year of spray application,
at least two weeks prior to such application.
(3)a personally delivered printed
statement to residents of property adjacent to the right-of-way during
the calendar year of spray application, at least ten (10) days prior
to such application.
e.The permit applicant shall
notify the Department of the option used and the dates implemented.
The text of this notice shall be supplied to the Department prior to
implementation.
(1)Upon notification by the
landowner or water supply user, the permit applicant shall mark private
water supplies on their maps.
(2)Prior to spraying, the permit
applicant shall flag all public and private water supplies marked
on their maps as well as other sensitive areas as designated by the
Commissioner in the permit.
(3)The permit applicant shall
furnish the certified applicator with a copy of the right-of-way maps
showing flagged areas and a copy of the approved permit.
(4)The applicator shall not
spray near the flagged areas.
f.All right-of-way clearing or
maintenance by the use of herbicides shall be conducted by certified
applicators or persons working under the direct supervision of certified
applicators.
g.All uses of herbicides on rights-of-way
shall be conducted by the certified applicator in a manner that minimizes
the extent and duration of foliar brownout.
h.Right-of-way spraying operations
shall be conducted in a manner and under weather conditions which prevent
deposits of pesticides to areas outside the rights-of-way.
i.The
clearing of brush, trees and other vegetation from rights-of-way shall
be conducted in accordance with other applicable provisions of state
and federal laws and regulations.
j.All operations conducted prior,
during or subsequent to the aerial application of pesticides to rights-of-way,
including, but not limited to, gaining access, landing of aircraft,
refilling operations and the like, shall not be conducted on private
lands near the right-of-way without the owner's prior written permission.
Written permission shall be maintained by the permit applicant for one
(1) year following completion of the operations and shall be available
to the Commissioner upon request.
k.All permits issued by the Commissioner
shall establish buffer strip distances to protect the waters of the
state. Buffer strip distances shall be determined according to the type
of spray operation, properties of chemicals to be used and the characteristics
of the areas to be treated.
5.Aerial applications of pesticides
a.An applicant applying for a
company license or certificate to engage in aerial application of pesticides
shall meet all the requirements of the Federal Aviation Administration
and the Vermont Agency of Transportation, Aeronautics Section, to operate
the aircraft and equipment described in the application.
b.Aerial applications shall be
conducted by certified applicators only.
c.All aerial pesticide applications
require an approved permit prior to application.
(1)Aerial applicators shall
obtain a permit for each contract to apply pesticides for purposes
other than the treatment of agricultural commodities. Permits may
not be issued for more than one spray season.
(2)Aerial applicators shall
obtain a permit annually for the treatment of agricultural commodities.
d.Materials listed on Attachment
A, subsection 2, "Control Details for Permit Application",
as recommended by the Vermont Extension Service or other state agencies
will be used for permit review.
6.Experimental use permit
a.Any person who desires to use
an unregistered pesticide or who desires to use a registered pesticide
for an unregistered use shall first obtain an experimental use permit
from the Commissioner. Permits may be issued for three (3) kinds of
experimental uses:
(1)A state-issued permit
as authorized under Section 5(f) of the FIFRA (as amended) to accumulate
information or data necessary to register a pesticide use for special
local needs.
(2)A state-issued permit
to conduct laboratory or greenhouse tests or limited replicated
field trials to confirm such tests or other tests in which the purpose
is to determine the value of the substance for pesticide purposes
or to determine its toxicity or other properties to the extent permitted
under EPA regulations.
(3)A state-issued authorization
to conduct an experimental use in Vermont for all or some of the
uses provided in the label under the experimental use permit issued
by EPA pursuant to Section 5(a-e) of FIFRA as amended.
b.A state experimental use permit
may, subject to the terms and conditions of the state's certification
from the Administrator of EPA, be issued when the Commissioner determines
that the conditions under which the use of the experimental pesticide
will be conducted are satisfactory. The permit shall be for a specified
period commensurate with the experimental program submitted, but in
any case not to exceed one year. Permits may be renewed or extended
upon request if circumstances warrant. The permittee shall supervise
the test program and evaluate the results of testing at each site of
application. The permittee shall report immediately to the Commissioner
any adverse effects from the use of or exposure to the pesticide.
c.A report shall be submitted
to the Commissioner at the conclusion of the experimental pesticide
treatment or at the expiration date of the experimental use permit.
The report shall include the data gathered during the testing program,
the dates of application, any adverse effects to the environment and
recommended directions for use which might be submitted for future registration.
d.The application of a pesticide
under a state experimental use permit shall be under the supervision
of a certified applicator as required by labeling and any additional
restrictions imposed by the Commissioner in the permit.
e.When a pesticide is applied
to a food or feed crop under an experimental use permit where a tolerance
has not been established for that particular crop and use pattern, then:
(1)the crop must be destroyed
after harvest; or
(2)the crop may be used for
further testing, provided that the crop may not be consumed by humans.
If the crop is consumed by test animals, the animals or animal products
may not be used for human or animal consumption.
7.Bird and other animal control
exclusive of the phylum chordata (families Cricetidae and Muridae).
Cricetidae: (moles and voles)
Muridae: (rats and mice)
a.Bird and animal pests are those
that may be declared a pest by the Commissioner. The Commissioner may
declare a bird or animal to be a pest in a specific situation where
there is a likelihood of damage to health, the economy or where harm
to other wildlife may occur or in the event of injury or severe annoyance.
(1)Types of use that may be
authorized by permit:
(a)Area-wide application
of pesticides on agricultural commodities, wildlife and for human
protection.
(b)Limited-area applications
of pesticides where the use of those pesticides could have a detrimental
effect on non-target animal life adjacent to the structure, lot
or yard which is specifically treated or may affect food or food
products.
b.Any licensed company or certified
applicator applying pesticides for the lethal control of pest birds
or other pest animals shall apply to the Commissioner, on an approved
form, for a permit to perform such control operation.
(1)The application for a permit
shall state the problem and the pest to be controlled, the pesticide
to be used, rate to be applied, the area to be treated, disposal of
the controlled pest and unused pesticide and the treatment time period.
(2)For municipal or community-wide
operations, a written request or statement granting permission for
such operation signed by an official of the municipality shall be
submitted with the request.
c.All requests for application
of pesticides for bird or animal control on open land shall be reviewed
by the Vermont Fish and Wildlife Department and Vermont Department of
Health and notification of all limited-area requests for application
of pesticides shall be submitted to the aforesaid departments if approved
by the Commissioner.
d.Control operations may also
be subject to guidelines or directives which are established by the
Vermont Commissioner of the Fish and Wildlife Department, Vermont Commissioner
of Health, the U.S. Fish and Wildlife Service and the Vermont Commissioner
of Labor and Industry.
e.Permits are not required for
the use of animal or bird repellents.
8.Notification and Posting of
turf-grass and landscape pesticide application:
a.No outdoor application by certified
commercial or non-commercial applicators of pesticides to turf-grass
or landscape plants shall be made on residential, single or multi-family
or public non-residential properties, such as athletic fields without
the following provisions having been met.
(1)At the time the service
is being requested, the customer shall be provided with written information
regarding the identification of the pesticides (common or trade name,
EPA Registration number) and the rates being proposed for use. In
addition, the customer shall be informed, in writing, of the availability
of labels and Material Safety Data Sheets for these pesticides and
any existing EPA Fact Sheets for the active ingredients contained
within.
(2)At the beginning of each
application, the applicator shall post a sign(s) prescribed below,
at conspicuous points of access to the treated area(s). The applicator
shall leave such sign(s) posted with instructions to remove 24 hours
after application. This shall mean that if a property has more than
one entrance or point of access then the corresponding number of signs
shall be posted. Thespecifications of the sign shall be as follows:
(a)Shall be at least 4 x
5 inches, of sturdy, weather resistant material
(b)Shall be with contrasting
colors using the indicated point type size
(c)Shall contain no additional
words or symbols on the front panel; however, the back panel may
include any additional information such as emergency number or company
name
(d)Shall be posted at least
12" above the ground
(e)Shall contain the date
and time of application on the back of the sign
C A U T I O N
Pesticide Application
KEEP OFF UNTIL
DRY
CUSTOMER: Please
remove after 24 Hours.
(3)Immediately upon completion
of each application, the applicator or their employer shall leave
at the residence or with the property manager a written statement
containing the following information:
(a)Name, address and telephone
number of the company or non-commercial facility providing service
(b)Pesticide applicator's
name and certification number
(c)Common or trade name,
EPA Reg. #, amount used and pest(s) treated for each pesticide applied
(d)Post-application label
safety precautions, if applicable
(e)Application date, time
and location
(f)Instructions that signs
should remain posted for at least 24 hours
(4)Upon request, by either
customer or adjoining landowner, a copy of the pesticide label, Material
Safety Data Sheet or available EPA Fact Sheet shall be provided by
the applicator or their employer.
(5)Upon request, the applicator
or their employer shall provide the customer with prior notification
of the timing of each pesticide application.
NOTE: Golf courses shall be regulated
by Section IV 8b. of this regulation. Outdoor commercial or noncommercial
pesticide application to turf-grass or landscape plants made on private
non-residential properties shall comply with either Section IV 8a. or
Section IV 8c. of the regulations.
b.Pesticide applications made
by certified commercial or noncommercial applicators on golf course
turf-grass or landscape plants shall require the posting of a written
notice on the clubhouse bulletin board or the first tee by the course
superintendent or their designee.
(1)The written notice shall
contain information as specified under Section IV 8a.(3)(a-f) and
include the specific location and number of each fairway, green, tee
and driving area, etc., where pesticide is applied. The Commissioner
reserves the right to approve the use of alternate wording to fulfill
the written notice requirement on a case by case basis. Alternate
wording must be submitted to the Commissioner, in writing and approved
prior to its use.
(2)The notice shall be posted
prior to application and remain on the bulletin board or the first
tee for at least 24 hours after application.
(3)Upon request, a label, Material
Safety Data Sheet or EPA Pesticide Fact Sheet for the specific pesticide(s)
used shall be made available to any golfer using the facility or course
employee for their review.
c.Outdoor commercial or noncommercial
pesticide application to turf-grass or landscape plants made on fenced,
private non-residential properties shall require the posting of a written
notice(s) in visitor reception area(s) and main employee entrance(s)
by the grounds superintendent or their equivalent. All other private
non-residential properties without fencing shall comply with Section
IV 8.a.
(1)The written notice shall
contain information as specified under Section IV 8a.(3)(a-f) and
the specific location where each pesticide is applied.
(2)The notice shall be posted
prior to application and remain in place for at least 24 hours after
application.
(3)Upon request, a label, Material
Safety Data Sheet or EPA Pesticide Fact Sheet for the specific pesticide(s)
used shall be made available to any visitor or facility employee for
review.
d.This regulation does not cover
the injection of pesticides directly into plant material and does not
apply to rights-of-way or utility applications.
e.This regulation does not apply
to private pesticide applicators or certified private pesticide applicators.
9.Golf Course Permits:
a.No person shall use a pesticide(s)
on a golf course without first obtaining a permit from the Commissioner
as provided in Section IV 9. except as described in Section IV 9.b.
The permit process shall begin as follows:
(1)Existing golf courses shall
submit to the Commissioner their name, address, location and information
identifying surface water, private water sources of abutting landowners,
public water sources, private or public source protection areas and
environmentally sensitive areas present on the golf course. The amount
and type of pesticide used on the golf course over the last three
(3) years is also required. A form will be provided by the Commissioner
for the submission of this information.
(2)The Commissioner shall determine
a schedule staggered over the next five (5) years when each golf course
existing on the effective date hereof shall file an application for
a permit and shall notify each course in writing, certified mail,
return receipt requested. The scheduling of golf courses will be prioritized
on the basis of risk and will require those golf courses with the
highest risk potential to submit first.
b.An existing golf course may
continue to use pesticides until either it fails to file an application
for a permit on the date scheduled by the Commissioner or a permit is
denied.
c.An application for a permit
shall be on a form provided by the Commissioner and conform to the provisions
of Section IV 9 h. and be signed by an officer of the golf course and
the golf course superintendent completing the form, who shall agree
to the conditions to be set forth by the Commissioner in the permit.
Applications for a renewal permit shall be filed with the Commissioner
three (3) months prior to the expiration of the existing permit. An
application for renewal shall detail any proposed changes to the existing
pesticide management plan of the golf course.
d.The Commissioner will forward
the application to the Vermont Pesticide Advisory Council (VPAC) for
review and recommendation under 6 V.S.A. Section 1102(d)(1). VPAC's
review shall be based on the established requirements of statutes, regulations
and guidelines.
e.The Commissioner shall issue
or deny the permit after consideration of VPAC's recommendation, risk
to human health and the environment, the pesticide management plan as
it relates to the use of pesticides and the past history of the golf
course. The Commissioner may restrict or deny the use of a pesticide
in accordance with 6 V.S.A. Section 1104(3) and other applicable provisions
of the law. All parties aggrieved by a decision of the Commissioner
under this section may request a hearing within fifteen (15) days of
the receipt of notice of the decision.
f.Permits issued by the Commissioner:
(1)Shall be conditioned on
the operation of the golf course according to an approved pesticide
management plan.
(2)Shall, when necessary and
appropriate, establish additional buffer strips to protect surface
waters and environmentally sensitive areas. The need for buffer strips
shall be determined according to the type of application, properties
of chemicals to be used and characteristics of the areas to be treated.
(3)May require sampling and
analysis of ground and surface water as a condition to the use of
a pesticide. Those pesticides on the Prescreened Pesticide List would
not require sampling or analysis unless the Commissioner determines
that this type of information is critical to the evaluation of the
risk to human health or the environment. Due to its cost, sampling
and analysis will be required only when the Commissioner determines
it is reasonably necessary to assess compliance with statutory or
regulatory standards for protection of the environment or human health
and will limit the variables. All parties aggrieved by a decision
of the Commissioner under this section may request a hearing within
fifteen (15) days of the receipt of notice of the decision.
(4)To a proposed golf course
shall be conditioned on the course being built as is represented in
the application and requires the applicant to submit proof within
sixty (60) days after completion.
(5)Shall be issued for a period
of five (5) years and therefore expire at the end of the five (5)
year period. The permit shall identify the pesticides permitted either
by specific reference to each pesticide or reference to the Prescreened
Pesticide List. The use of other pesticides may be added by modification
of the five (5) year permit. Modifications shall be requested on forms
provided by the Commissioner and shall be processed, issued or denied
in the same manner as provided for permits, except that the term shall
coincide with the term of the permit being modified.
g.The Commissioner shall approve
and maintain the Prescreened Pesticide List along with specifications
for its use on golf courses upon review and recommendation from VPAC.
Pesticide(s) may be added or deleted at any time. Any person may submit
to the Commissioner a request to add or delete a pesticide under this
section. The request shall include a current EPA Pesticide Fact Sheet
or equivalent and any other data desired to be considered. The Commissioner
shall either approve or deny the request and notify the applicant in
a timely manner.
h.Applications for a permit to
use pesticides on a golf course shall contain the following information:
(1)General Information
(a)Name of the golf course
(b)Location
(c)Mailing address
(d)Golf Course Superintendent
who is responsible for completing the application
(e)Name and position of an
officer of the golf course
(f)Date of application
(2)Permit Status
(a)Initial, renewal or modification
(b)Course classification;
existing, existing with proposed expansion or proposed
(3)Pesticide Information. Identification
of the pesticide(s) to be used as follows:
(a)Pesticides found on current
Prescreened Pesticide List. Indicate specific pesticides by common
and trade name and EPA Registration Number.
(b)Pesticide(s)
other than those found on the Prescreened Pesticide List shall be
identified by both common and trade name, EPA Registration Number
and by attaching a current EPA Pesticide Fact Sheet or equivalent.
The KOC, solubility, half-life (soil) and any additional information
as specified in Section IV 9h.(6) shall be provided for each pesticide.
(4)Golf Course Description.
A description of the golf course as it exists or is designed as follows:
(a)A site plan (which may
be an orthophoto map, scale 1:5000'), marked with the following:
i. tees,
greens and fairways, by hole number and supporting operations;
ii. areas
irrigated and source of water for irrigation;
iii.
all surface waters identified by name, if known;
iv.
all
known ground waters;
v.
private water sources of abutting properties;
vi.
public water sources and source protection areas;
vii.
identification and location of any environmentally sensitive
areas;
viii.
property boundaries;
ix.
each building and its use; and
x. legend, scale, north designation;
(b)A topographical map, which
may be a U.S.G.S. topographical map with the boundaries of the golf
course identified thereon and a general written topographical description
including minimum and maximum slopes and any distinct topographical
features.
(c)The square feet of each
green and tee, and identification of any green or tee which is within
100 feet of any surface waters.
(d)Approximate acreage of each
fairway specifying closely mowed areas and rough areas individually.
(e)The square miles of the
drainage area for flowing waters at the point of exit from the golf
course property.
(f)The surface acreage and
average depth of any ponded surface waters and the location of its
primary source of supply.
(g)A soils map and key as mapped
by the United States Soil Conservation Service or other reliable source,
including identification of soils of high erodibility.
(5)Pesticide Management Plan.
A detailed account of how pests such as insects, weeds, diseases and
rodents are managed on the golf course as follows:
(a)A general statement of the
policy and listing of the goals of the pesticide management plan,
including the golf course's strategy for minimizing pesticide use;
(b)A description of pest problems
associated with turfgrass and ornamentals during the past five (5)
years, including locations and the extent of infestation. For proposed
golf courses a description of anticipated pest problems and the rationale
for each;
(c)A description and rationale
of the pest management strategies that are or will be employed, including
biological, chemical and cultural controls;
(d)A description of pest monitoring
practices that are or will be utilized;
(e)A description and location
of pesticide storage, handling and mixing areas; a Spill Response
Plan and proposed measures to prevent accidental releases;
(f)A description of irrigation
practices, including the type of system used, rates and intervals
of irrigation;
(g)For proposed golf courses,
a description of any unique feature of its design which will minimize
pest problems;
(h)A description of any buffer
zone established or to be established to protect surface waters, private
and public water supplies, and environmentally sensitive areas.
(6)Other Pesticides, Additional
Information. When the use of a pesticide(s) is (are) requested which
is (are) not found on the current Prescreened Pesticide List or when
otherwise required by the Commissioner to evaluate risk, the applicant
will provide additional information which will justify the use of the
pesticide within an acceptable level of risk. The following information
or any other pertinent information may be submitted in support of this
justification:
(a)Expected pesticide concentrations:
i.nearest private and all
public water sources of concern using a Simple Dilution Analysis,
calculated using a proportion of either well yield and/or precipitation
and irrigation;
ii.in flowing surface water
at the point of exit from the golf course boundary.
iii.in standing surface water
only when deemed necessary after consultation with the Department
of Environmental Conservation, Water Quality Division.
(b)In graphic or matrix form,
a comparison between the expected pesticide concentrations and Vermont
Water Quality Guidelines, Chapter 12 Groundwater Protection Rule Standards
and Department of Health Drinking Water Standards.
(c)The hydrogeologic setting,
including hydrogeologic flow patterns, receiving waters, recharge
and discharge areas, range of depth to groundwater, aquifer type,
if present and hydraulic conductivity.
(d)Identification of any environmentally
sensitive areas and a general discussion of whether the use of pesticides
will destroy or significantly imperil the same.
i.Golf courses shall keep and
maintain operating records and report pesticides on forms provided by
the Commissioner for that purpose as follows:
(1)Operational records
of pest problems encountered, control methods employed and their effectiveness,
the type and amount of pesticide(s) used, its purpose, date and area
of the golf course where applied; a record of rainfall; and a summary
of irrigation utilization. These records must be maintained for a period
of five (5) years and shall be made available to the Commissioner upon
request.
(2)A pesticide use record for
each calendar year shall be submitted to the Commissioner prior to
January 1 of the following year. A form will be provided by the Commissioner
for this purpose.
(3)Maintenance of the records
and report of pesticide use as provided above shall exempt the golf
course or certified applicators employed by it from the record and
reporting requirements of Section V. 2, 4 and 6.
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SECTION
V -MAINTENANCE OF RECORDS BY CERTIFIED LICENSED COMPANIES, LICENSED
PESTICIDE DEALERS AND PESTICIDE PRODUCING ESTABLISHMENTS
1.Certified private applicators
shall record, for all restricted use pesticides, the pesticide product
name, Environmental Protection Agency (EPA) Registration Number, amount
used, date of application, location of application (farm name and town)
and the pest(s) treated for during each year. This information is to be
held for a period of two years and shall be furnished to the Commissioner
upon request.
2.Certified commercial and certified
noncommercial applicators shall keep and maintain pesticide operational
records in a manner prescribed by the Commissioner on forms provided for
that purpose.
a.Routine operational records
shall be kept which state the pesticide product name, EPA Registration
Number, amount used, date of application, location of application (farm
name and town) and the pest(s) treated for during each year. These records
must be maintained for a period of two years and shall be made available
to the Commissioner upon request.
b.A pesticide use report shall
be submitted to the Commissioner annually. The report shall state the
EPA Registration Number, the product name, the manufacturer, the amount
used, the general purpose for which it was used and the county in which
it was used.
c.Annual pesticide use reports
shall be submitted together with an application for the renewal of certification
to the Commissioner prior to January 1 of each year. Commercial and
noncommercial pesticide applicator certificates shall not be renewed
without the submission of an annual use report. Annual use reports shall
be submitted regardless of whether pesticides were applied during a
given year or not.
3.Persons applying pesticides under
the authority of a permit issued by the Department shall comply with all
record keeping and reporting requirements imposed by the Commissioner
as conditions of the permit.
4.Licensed companies shall be responsible
for maintaining routine operational records and submitting the annual
pesticide report. Certified noncommercial applicators, who do not work
for licensed companies, will continue to be responsible for the maintenance
and submission of these records.
a.The licensed company shall
collect operational records required by this section from its certified
applicators and hold them for a period of two years. These records shall
be made available to the Commissioner upon request.
b.The annual pesticide use report
shall be submitted together with the company license renewal application
to the Commissioner prior to January 1 of each year.
5.Licensed Class A dealers shall
keep and maintain records of the sales of pesticides and shall make them
available for inspection to the Commissioner. Records shall be maintained
on forms provided by the Commissioner.
a.A report of special permit
and restricted use pesticides sold on a calendar year basis shall be
submitted together with the application for license renewal to the Commissioner
by all Class "A" pesticide dealers prior to January 31 of
the following year. Reports may be required by the Commissioner at any
other time, provided the request is made in writing.
b.Pesticide dealer reports shall
include the product name, the EPA registration number, the size and
number of containers and the county of intended use. For the purpose
of reporting the county of intended use, pesticide dealers may use the
applicator's county of residence.
c.Annual sales reports must be
submitted regardless of whether or not restricted use pesticides were
sold.
6.Annual records may be required
for treatments of pests as deemed necessary by the Commissioner.
7.In the event that a certified
applicator, licensed company or licensed pesticide dealer should choose
not to renew a certificate or license, the annual use and/or sales reports
are still required for the last year in which a valid certificate and/or
license was held.
8.Refer to Section XII, Community
R
ight-to-Know, for a complete description
of additional requirements that may be applicable to pesticide companies,
applicators, dealers and producers.
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SECTION
VI - COMPANY LICENSE
1.Any enterprise applying pesticides
to the land or home of another for remuneration must be licensed by the
Department. Exceptions to the company license requirement shall be:
a.Doctors of Medicine and Doctors
of Veterinary Medicine applying pesticides as drugs or medication during
the course of practice.
b.Applicators certified under
Category 10, making recommendations and applying pesticides in demonstration
or research programs.
c.Private applicators who apply
pesticides to a neighbor's property in exchange for services.
d.Certified and noncertified
noncommercial applicators.
2.The company license shall be
renewed yearly. The license shall extend from January 1 through December
31.
3.A fee of forty dollars ($40.00)
shall be charged for a company license.
4.The Commissioner may deny an
application for a company license when the applying company is owned,
controlled, or operated by persons or their employees who have been determined
to have violated Vermont's pesticide laws, or any rule or regulation adopted
under its authority, or any order of the Commissioner under 6 V.S.A. Chapter
87 within two years preceding the date of application.
5.Applicants who are denied a company
license may request a hearing to review the decision within fifteen days
of receipt of the denial.
6.Licensed companies and those
requiring licensing shall be responsible for ensuring they only employ
pesticide applicators that are properly certified under these regulations,
prescribed by the Commissioner in Section VIII and that applicators employed
by them remain certified for the duration of their employment with the
company, except that those employees working under the direct supervision
of a certified applicator need not be certified.
Licensed companies shall supply
the Department with a list of all certified commercial applicators they
employ. They shall send written notice to the Department within thirty
(30) days whenever a certified commercial applicator is hired or leaves
their employment.
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SECTION
VII -REQUIREMENTS FOR CERTIFIED COMMERCIAL AND CERTIFIED NONCOMMERCIAL
APPLICATORS.
1.All noncommercial applicators who use other than Class "C"
pesticides and all commercial applicators who use pesticides shall be
certified in accordance with the applicator standards established in these
regulations, or work under the direct supervision of a certified commercial
or certified noncommercial applicator. (See definition of "direct
supervision", Section I.)
Exceptions: Persons conducting
research in laboratories, or Doctors of Medicine or Doctors of Veterinary
Medicine applying pesticides as drugs or medication during the course
of their normal practice are exempt from the certification requirement.
2.The candidate for certification
shall satisfactorily meet standards prescribed by the Commissioner in
Section VIII.
3.Candidates for certification
shall take a written examination covering general standards and specific
standards required for each category an individual expects to operate
under. A candidate must be certified in each specific category that he
or she intends to work in.
a.A candidate shall have a maximum
of three opportunities to achieve a passing score on the certification
examination during a twelve (12) month period. This twelve (12) month
period shall begin on the date the candidate takes the first examination.
After an initial failing score a candidate must wait at least seven
(7) days to retake the examination. If a candidate fails twice, there
shall be at least a twenty-eight (28) day waiting period before retaking
the exam for the third time.
4.Certificates issued in any category
may be further restricted by the Commissioner as a condition of issuance,
when the Commissioner determines that the restrictions are necessary to
protect human life or the environment. For example, a certain category
certificate may be restricted to allow only the use of specific pesticides
in that type of work.
5.Fees: A fee of twenty dollars
($20.00) shall be assessed for each category or sub-category certification
issued. The maximum total fee charged for categories per candidate shall
be seventy-five dollars ($75.00). Payment of fees for persons who are
employees of federal, state or municipal government and who apply pesticides
as part of that employment shall be waived.
6.The certification year will extend
from January 1 through December 31.
a.Certification of noncommercial
and commercial applicators may be renewed annually for up to five years
after which recertification shall be required. The Commissioner may
furthermore require recertification whenever necessary and determine
the procedure to be utilized involving either additional training or
reexamination.
b.Certified noncommercial or
commercial applicators shall send written notice to the Department within
thirty (30) days of changing employers. The name of the new employer
shall be supplied in the notice.
7.Denial of certificate: The Commissioner
may deny issuance of a certificate to any person failing to adequately
demonstrate competency on any examination or who otherwise fails to participate
in training required in lieu of written examination or who is currently
under a suspension or revocation of certificate by the Commissioner.
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SECTION
VIII -CERTIFICATION STANDARDS FOR COMMERCIAL APPLICATORS AND NONCOMMERCIAL
APPLICATORS USING OTHER THAN CLASS "C" PESTICIDES
1.Noncommercial applicators who
use pesticides other than Class "C" and all commercial applicators,
except those who work under the direct supervision of a certified applicator,
shall be certified according to categories which reflect the types of
pesticide use for which they have been examined and found competent.
Applicants for certification in
the categories and sub-categories described in this section shall demonstrate
their competence to meet standards described under general standards,
category specific standards and standards for supervision of noncertified
applicators in this section. Applicants shall take a written examination
covering general standards and specific standards required for each category
an individual expects to operate under.
2.Description of categories and
sub-categories.
a.Category 1: Agricultural Pest
Control.
(A)Plant - For use in production
of food, forage and fiber agricultural crops.
(B)Animal - For use on animals
and to places on or in which animals are confined. Doctors of Veterinary
Medicine engaged in the business of applying pesticides for hire,
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