(a) No permit for
the application of broad spectrum chemical pesticides from the air for
non-agricultural purposes shall be issued by the commissioner of environmental
protection.
Permits for agricultural purposes, such as, but not limited to,
those activities set forth in the definitions of "agriculture" and "farming" in
section
1-1
of the general statutes, shall be issued by the commissioner of the department
of environmental protection only after the applicant has produced evidence
satisfactory to the commissioner that the proposed material and its method of
application shall not be injurious to the public health, aquatic and animal
life, including pollinating insects, or property not owned or leased by the
applicant or those on whose behalf the application is made. For purposes of
this section, "broad spectrum chemical pesticides" means a pesticide not of
biological origin which is non-selective, and has the potential to prevent,
destroy, repel or mitigate a variety of organisms.
(b) Notwithstanding subsection (a) of this
section or section
22a-66-7 of
the regulations of Connecticut state agencies, if the commissioner of
environmental protection, in consultation with the commissioner of public
health, determines that the application of broad spectrum chemical pesticides
from the ground is impractical and that application of broad spectrum chemical
pesticides from the air is necessary to control specific vectors of human
disease which pose an imminent threat to public health, the commissioner of
environmental protection may authorize a state agency or a municipality or
their agents to engage in such application by aircraft, subject to the
following conditions:
(1) A request for
authorization to apply broad spectrum chemical pesticides from the air shall be
in writing and shall include:
(A) the purpose
of the pesticide application;
(B)
the name and United States Environmental Protection Agency registration number
of the pesticide;
(C) a detailed
description of the area(s) to be treated;
(D) the name and business address of the
applicator; and
(E) the proposed
date(s) and time(s) of application.
(2) Only pesticides registered by the
commissioner under section
22a-48
of the Connecticut general statutes, and approved by the commissioner for
aircraft application under subsection (b) of this section shall be used. Any
pesticide approved for aircraft application under subsection (b) of this
section shall have the least possible impact on human health and the
environment, considering its rate and method of application. The commissioner
may impose any conditions upon the approval he finds appropriate.
(3) Following approval by the commissioner of
environmental protection, and prior to application from the air of any broad
spectrum chemical pesticide authorized under this regulation, public notice of
the application shall be provided by the applicant in a manner reasonably
calculated to inform persons in the affected area of the pending activity and
may include use of the broadcast media. Additionally, notice shall be provided
to the principal of any school located within the affected area, and, if the
affected area is within the watershed of a public drinking water reservoir,
notice shall be given to the water utility affected. Such notice shall include,
but is not limited to:
(A) The purpose of the
pesticide application;
(B) The name
of the pesticide(s) to be applied;
(C) A description of the area(s) to be
treated; and
(D) The proposed
date(s) and time(s) of the application.
Notes
Conn. Agencies Regs. §
22a-54-1
Effective December 29,
1977; Amended June 2, 1997