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

Mich. Admin. Code R. 285.637.10
1992 AACS; 2008 AACS

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