(A) A landowner may request that the
department
of agriculture include the
landowner's property in the gypsy moth suppression program
. If
if:
(1) The block in which the landowner's
property is located is eligible for inclusion in the program pursuant to
paragraph (B) of this rule; and
(2)
The landowners designate a block coordinator who submits a completed
application pursuant to paragraph (C) of this rule; and
(3) Each landowner within the block:
(a) Signs and submits an agreement to
participate in the program pursuant to paragraph (E) of this rule;
and
(b) Submits payment of the
total cost to be assessed to that landowner pursuant to paragraph (E) of this
rule; and
(4) Sufficient
funds are available to allow the department to administer the gypsy moth
suppression program for the year for which the request is made;
The department will have the block
in which the landowner's property is located treated for suppression of gypsy
moth pursuant to its contract with the aerial applicator.
(B) A block may be
eligible for inclusion in the gypsy moth suppression program if
all of the following requirements are met:
(1) The block is located within the regulated
area of the gypsy moth quarantine, as set out in rule
901:5-52-04 of the
Administrative Code
; and
.
(2) The
block is comprised of no less than fifty contiguous acres of treatable
area
;
and
.
(3) The tree canopy covers no less than fifty
per cent of the block
; and
.
(4) No
less than thirty-five per cent of the tree species within the block boundary is
comprised of tree species which are designated as susceptible or resistant to
gypsy moth on the list of species in volume II, appendix D of the final
environmental impact statement, issued by the
USDA
United States
department of agriculture dated
November
1995
August 2012. This list is set out as
appendix
C
A
to this rule
; and
.
(5) The
density of gypsy moth egg masses within the block is no less than either:
(a) Two hundred fifty egg masses per acre in
a residential forested area; or
(b)
One thousand egg masses per acre in an uninhabited forested area
; and
.
(6) The block has received a
favorable assessment review by the Ohio department of natural resources and the
United States fish and wildlife service.
(C) A block may be eligible for participation
in the gypsy moth suppression program if the director has received the
following on or before the first day of September of the calendar year
immediately preceding the year for which treatment for the block is sought:
(1) A completed application
which can be found on the department's website
www.agri.ohio.gov
. The application must contain the following information in
order to
, the form of which is attached to
this rule as appendix A. An application shall be deemed complete
when it contains each of the following on a form
prescribed by the director:
(a) The
full name, mailing address and daytime telephone number of the block
coordinator; and
(b) The full name and address of each
participating landowner owning property within the block;
and
(c) The township or municipal corporation in
which the block to be treated is located; and
(d)
The county where the block to be treated is located; and
(e)
The preferred product for control of gypsy moth in the block to be treated;
and
(f) The original signature of each
participating landowner owning property within the block; and
(g) The original signature of the block
coordinator; and
(h)
A map detailing the boundaries of the block as
described in paragraph (C)(2) of this rule.
(2) A map detailing the boundaries of the
block to be included in the suppression program. This map shall:
(a) Clearly outline all boundaries for each
property forming the block to be treated; and
(b)
Identify by full name the owners of each property contained within the block to
be treated; and
(c) Show the scale
used when drawing the map. This scale shall be one of the following:
(i) For blocks less than two hundred acres in
size, the scale shall be one inch equals two hundred feet; or
(ii) For blocks greater than or equal to two
hundred acres, the scale shall be one inch equals four hundred feet.
(D) When
calculating the total cost to be assessed to a landowner, the department shall:
(1)
Determine the
total treatable acres contained within the qualified block.
(2)
Determine the
total number of acres owned by each particular landowner.
(3)
Determine the
percent owned by each particular landowner by dividing the total number of
acres owned by each landowner by the total treatable acres contained the
qualified block.
(4)
Determine the total cost per acre by determining the
cost per acre of applying the insecticide as selected by the qualified block.
This will be done per the current contract between the department and the
aerial spray contractor.
(5)
Multiply the percent owned by each landowner by the
total cost of applying the insecticide to the entire qualified block. This will
result in the total cost to be assessed to a landowner.
(1) First determine the total cost
per acre to the department for gypsy moth suppression activities for the year
that the landowner's block is proposed for treatment, given the preferred
pesticide product to be used within the landowner's block. The total cost per
acre shall be calculated by determining the total expense of aerial spraying
for gypsy moths to be incurred by the department in that year for the preferred
pesticide product to be used in the block, divided by the number of acres
proposed to be treated in that year using that same pesticide. The total
expense of aerial spraying for the suppression of gypsy moth shall be
calculated per the current contract between the department and the aerial spray
contractor.
(2)
(6)
Multiply the total cost per acre calculated pursuant
to paragraph (D)(1) of this rule by the number of acres that the landowner has
requested be treated. In no case shall the total cost to be assessed
to a landowner exceed fifty per cent of the department's cost to treat the
block in which the landowner's property is located.
(E) A landowner whose block has been approved
for inclusion in the gypsy moth suppression program shall sign an agreement
provided by the department
, the form for which is attached to this rule as appendix
B, and submit the signed agreement with payment equal to the total
cost assessed to the landowner as calculated under paragraph (D) of this rule
to the department on or before the first day of March of the calendar year in
which the treatment is sought. If the agreement and payment equal to the total
cost assessed to the landowner are not received on or before the first day of
March, the treatment may not be scheduled.
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view Appendix
Notes
Ohio Admin. Code 901:5-52-08
Effective:
7/13/2017
Five Year Review (FYR) Dates:
04/14/2016 and
06/30/2021
Promulgated
Under: 119.03
Statutory
Authority: 927.52,
927.701
Rule
Amplifies: 927.71
Prior
Effective Dates: 1/20/2005