Mich. Admin. Code R. 285.637.10 - Off-target pesticide drift
Rule 10.
(1)
Pesticide applications shall be made in a manner that minimizes off-target
drift, unless prior authorization and consent as specified in subrule (3) of
this rule is obtained from the owner or resident of the land onto which drift
may occur.
(2) Before making a
pesticide application, an applicator shall do both of the following:
(a) Determine the likelihood of off-target
drift.
(b) Determine the direction
of possible off-target drift and any sensitive areas that may be
impacted.
(3) When
pesticide off-target drift is likely to occur due to the nature of the
application or atmospheric conditions, including, but not limited to wind speed
and direction, a drift management plan shall be utilized by the applicator to
minimize the occurrence and adverse effects of off-target drift. The plan shall
include provisions to secure the informed consent of residents in the affected
area before making the application. If, in the course of making an application
off-target drift occurs, the applicator shall notify the residents in the
affected area either verbally or with written notification which includes the
name, address, and phone number of a person who may be contacted and who is
responsible for supplying information concerning the application before leaving
the application site. The drift management plan shall include drift
minimization practices. Such practices may include any of the following:
(a) The use of a possible combination of
nozzles, pressure, or volume to manage droplet size.
(b) The use of equipment that is designed to
minimize off-target drift.
(c) The
consideration of release distance to target to maximize deposition.
(d) The use of drift reduction
additives.
(e) The establishment of
a no-spray buffer zone. The buffer zone may be treated with nonpowered
equipment.
(f) The identification
of the maximum wind speed and direction under which applications can be
made.
(g) The use of wind shields
or windbreaks to contain spray drift or deflect spray drift.
(h) Other specific measures stated in the
plan that are effective in minimizing the incidence of off-target
drift.
(4) Drift
management plans shall be in writing. The plan will state the measures to be
used and how those measures will reduce off-target drift. The drift management
plan shall be annually reviewed by the person who utilizes the plan.
(5) A record of the sites where the drift
management plan was implemented and a copy of the drift management plan shall
be retained for a period of 1 year for general use pesticides and 3 years for
restricted use pesticides and shall be made available to the director upon
request.
(6) Operating under a
drift management plan does not exempt an applicator from complying with
appropriate federal or state statutes and regulations. However, the department
shall consider the presence and use of a drift management plan as a factor in
determining appropriate enforcement action.
Notes
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