Mich. Admin. Code R. 285.637.5 - Registry of persons requiring notification before turf and ornamental application of pesticides
Rule 5.
(1) The
department shall maintain a voluntary registry of persons who, due to a
verifiable medically documented condition, require notification before the
application of pesticides on a property that is adjacent to their primary
residences. Upon request, the department shall annually register a person who
requires notification before the use of pesticides. Each year, the person shall
submit avalid certificate from a physician who is licensed to practice
medicine. The certificate shall be on forms provided by the department and
shall indicate the following information:
(a)
The current diagnosed condition or ailment of the person that specifies the
need for notification.
(b) Any
recommended additional distance notification deemed necessary and substantiated
by the physician. The physician's information shall include the recommended
additional distance in feet.
(2) The certificate that is provided to the
department pursuant to the provisions of subrule (1) of this rule shall be
subject to review and approval by the department.
(3) Registration shall also include all of
the following information on forms provided by the department:
(a) Name, address, other than a post office
box number, and telephone number of a person who requires
notification.
(b) Name, address,
other than a post office box number, and telephone number of a designated
contact person.
(c) A list of
addresses of properties that are adjacent to the primary residence of the
person requiring notification. Information shall be provided as follows:
(i) Street address and occupant name, or
designation as vacant lot, direction (N, S, E, W), and estimated street address
from notification person's address.
(ii) Designation of multiple dwelling units
such as apartments or condominiums, if applicable.
(iii) Designation as multiple use area or
commercial property, if applicable.
(d) A list of names and addresses of
additional property owners as provided for in subrule (1)(b) of this rule.
Information shall be provided as follows:
(i)
Street address and occupant name, or designation as vacant lot, direction (N,
S, E, W), and estimated street address from notification person's
address.
(ii) Designation of
multiple dwelling units such as apartments or condominiums, if
applicable.
(iii) Designation as
multiple use area or commercial property, is applicable.
(4) The printed registry list
shall remain confidential, to the extent permitted by law, except for the
following information:
(a) Name, address, and
telephone number of the designated contact person.
(b) Addresses of the adjacent properties or
other properties as identified in subrule (1) (c) and (1) (d) of this
rule.
(c) The address of a person
who requires notification.
(5) The individual requiring prior
notification, or his or her designated contact person, shall obtain a copy of
the annual list and ensure that the specific information provided to the
department is accurate and a component of the list.
(6) Initial applications may be submitted to
the department at any time. Renewal registration forms supplied by the
department shall be submitted annually on or before February 1. An applicant
shall immediately notify the department of any address or contact person
information change.
(7) The
department shall annually publish a list, by March 15, of non-confidential
information provided by persons who request notification. Listings shall be
provided to all of the following entities:
(a)
Commercial pesticide applicator firms that are licensed in categories which
will require the firms to notify persons on the registry.
(b) County public health
departments.
(c) Upon request,
commercial applicators who are certified in a category that will require the
applicators to notify persons on the registry.
(8) Before a lawn or ornamental pesticide
other than a general-use ready-to-use pesticide is applied on a property
address listed on the most recent published registry, a commercial applicator
shall notify the contact person on the registry. Notification shall take place
before the application in accordance with all of the following provisions:
(a) By telephone the previous business day
before a pesticide application or by written notification that is delivered in
person to the residence of the listed contact person. Written notification
shall include all information that is listed in subdivision (b) of this subrule
and shall be left at the main entrance to the residence not less than 24 hours
before application.
(b)
Notification shall include all of the following information:
(i) Name, address, and telephone number of
the commercial applicator or firm that makes the application.
(ii) Anticipated date and approximate time of
the application.
(iii) Location of
the application.
(iv) Name of the
pesticide active ingredient or ingredients being applied.
(c) If the initial application date is
postponed, new notification shall be issued before the next application as
required by subdivision (a) of this subrule.
(d) The licensee's responsibility to notify a
person who requires notification shall be considered discharged if any 1 of the
following provisions is complied with:
(i)
Telephone notification is attempted on the business day before application and,
if unsuccessful, the applicator has left written notification at the person's
residence at the time of application.
(ii) Written notification is delivered in
person not less than 24 hours before application.
(iii) The applicator obtains written
authorization from the contact person for alternate methods of
notification.
(e) The
registry shall be subject to annual review by the department.
(f) This rule shall not apply to applications
of pesticides that are made through a closed injection system.
Notes
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