Conn. Agencies Regs. § 22a-66-7 - Aircraft application
(a) Application for
a permit to apply pesticides or fertilizers from the air shall be made on forms
furnished by the Commissioner and the applicant shall furnish all information
required by the Commissioner.
(b)
No pesticide may be applied from the air to a tract of land less than 10 acres
in size unless the tract of land to be treated is part of a larger parcel of
land that is at least 10 acres in size. All aerial applications must have the
prior inspection and approval required by Section
22a-54(e)
of the General Statutes.
(c) No
pesticidal dust may be applied within 100 feet of a public highway.
(d) Repealed, December 22, 1982.
(e) No pesticide shall be applied from the
air for agricultural purposes within 200 feet of a watercourse, pond or
lake.
(f) Congested areas shall be
considered those areas zoned 1/2 acre or less, or municipally or privately owned
public parks, public playgrounds, and public swimming areas.
(g)
(1) For
the aerial application of pesticides and fertilizers other than Bacillus
thuringiensis (B.t.), a written release is necessary from any landowner or
resident whose property is under the spray pattern of the aerial application or
subject to drift from such an application. The area subject to drift will be
considered to be a minimum of 200 feet from the flight path of a helicopter and
300 feet from the flight path of a fixed-wing aircraft.
(2)
(A) An
applicant for a permit for aerial application of Bacillus thuringiensis (B.t.)
must notify each landowner or resident whose property is under the spray
pattern of an aerial application or subject to drift from such an application
at least 31 days prior to the proposed date of spraying. The area subject to
drift will be considered to be a minimum of 200 feet from the flight path of a
helicopter and 300 feet from the flight path of a fixed-wing
aircraft.
(B) Such notice shall be
in writing and shall state:
(i) the proposed
date or dates on which spraying is to occur;
(ii) the name of the pesticide to be
sprayed;
(iii) the name of the
permit applicant;
(iv) the name of
the applicator, if known;
(v) in
what manner, to whom and at what address the landowner or resident is to object
to such spraying if he or she desires;
(vi) the time limit within which he or she
must object; and
(vii) that if no
objection is made, the area will be sprayed.
(C) After receiving notice, a landowner or
resident may waive his or her right to object by signing a written release. If
all landowners or residents in an area waive their right to object, that area
may be sprayed prior to expiration of the objection period, provided, however,
that the information specified in subparagraph (E) is forwarded to the
commissioner, and a permit is obtained.
(D) Bacillus thuringiensis (B.t.) shall not
be applied from the air if a landowner or resident whose property is under the
spray pattern or subject to drift from the application objects, in writing, to
the permit application within 30 days of the date notification was
received.
(E) At the end of the
objection period, the permit applicant shall forward to the commissioner (i)
all objections received; (ii) a list of those landowners or residents who have
consented, those who have objected, and those who have not responded; and (iii)
proof that all landowners or residents have received written notice. Acceptable
proof may include receipts of certified mail delivery or signatures secured at
time of delivery.
(h) In accordance with subsection (e) of
Section
22a-54
of the General Statutes, a fee shall be submitted with each application filed
under this section according to the following schedule:
(1) Permitted area 10 to 49 acres,
$30.00.
(2) Permitted area 50 to
149 acres, $150.00.
(3) Permitted
area 150 acres or larger, $300.00.
Any application submitted without the proper fee shall be considered incomplete, and shall not be processed.
(i) Payment of fees under this section shall
be by certified check, money order or personal check payable to the Department
of Environmental Protection.
(j)
Fees paid under this section shall be nonrefundable.
Notes
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