H.P. 896 - L.D. 1293
An Act To Require Citizen Notification of Pesticide Applications Using Aerial Spray or Air-carrier Application Equipment
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1471-Y is enacted to read:
A land manager may not apply pesticides using aircraft or air-carrier equipment unless the notification requirements of this section are met.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Air-carrier equipment" means any application equipment that uses a mechanically generated airstream to propel spray droplets. "Air-carrier equipment" does not include air-assisted application equipment in which the airstream is directed downward into the target canopy.
B. "Land manager" means the owner of the land, a person leasing the land, or a person, firm, company or other legal entity designated by the owner to manage the land, vegetation on the land or pests occurring on the land.
C. "Neighbor" means an owner, lessee or occupant of a property that abuts or lies within 1,320 feet of an area.
2. Mandatory notification.
A land manager intending to conduct application of pesticides using aircraft or air-carrier equipment shall provide written notification to residents and managers of buildings on abutting property at least 90 days prior to the first date of pesticides application. The notification must be provided in accordance with subsection 5 and include:
A. A general description of the method of application that is likely to occur;
B. The pesticides application schedule and circumstances under which the application is likely to take place;
C. The commercial and scientific names of pesticides likely to be applied; and
D. Reference to the registry of citizens developed and maintained by the board under section 1471-Z and a description of how to be placed on the registry.
Notification in compliance with this subsection fulfils the notification requirement for 3 years unless the information provided under paragraph A, B or C changes.
3. Obligations to provide information.
A land manager intending to conduct an outdoor application of pesticides using aircraft or air-carrier equipment shall access the registry of citizens under section 1471-Z to determine any neighbors on the registry of citizens and shall provide those neighbors with notification in accordance with subsection 5 and at least 24 hours but not more than 7 days in advance of the application of:
A. The date and approximate time of application;
B. The type of equipment to be used and the manner in which the pesticides will be applied;
C. The commercial and scientific names and the United States Environmental Protection Agency's registration numbers for the pesticides to be used and, upon request, the material safety data sheets for the pesticides or copies of pesticides labels; and
D. Contact information for the land manager.
4. Records maintained.
A land manager shall maintain records of communications with neighbors regarding an outdoor application of pesticides using aircraft or air-carrier equipment and the dates and means by which the notification required under subsection 2 was provided. The board shall supply forms for recording this information and the land manager shall use these forms. A land manager shall maintain a list of people receiving notification under subsection 2 or information under subsection 3 who ask not to be contacted in the future. A land manager may refrain from sending future notifications to these individuals.
5. Means of notification.
A land manager conducting or contracting for a pesticides application using aircraft or air-carrier equipment shall make a good faith effort to convey the information required in subsections 2 and 3. Acceptable means of notification include:
A. Personal delivery of notification forms;
B. Mailing notification forms through the United States Postal Service; or
C. Electronic mailing of notification forms.
Telephone calls, either personal or automated, are an acceptable means of notification under subsection 3.
Sec. 2. 22 MRSA §1471-Z is enacted to read:
The board shall develop and maintain a registry of residents and property owners in the State who request to be placed on a registry for the purpose of receiving information on the outdoor application of pesticides using aircraft or air-carrier equipment in addition to the information required under section 1471-Y.
1. Development of a registry of citizens.
The board shall solicit participation in a registry of citizens through newspaper articles, public notices distributed to municipal offices and a notice posted on the board's publicly accessible website. To be placed on the registry, a person must submit to the board, using a form provided on the board's publicly accessible website or a paper copy provided by the board upon request, the following information:
A. The person's full name;
B. The person's telephone number;
C. The location of the property owned, leased or occupied by the person registering. The location must be described in sufficient detail to be located on a 7.5 or 15 minute series topographical map produced by the United States Geological Survey or a map of equivalent or superior detail;
D. The person's mailing address; and
E. The person's e-mail address.
Any resident, owner or lessee of property in the State is entitled to be placed on the registry of citizens. A fee may not be charged to register. Persons remain on the registry until they notify the board in writing that they want to be removed from the registry or until the board staff determines that the contact is no longer valid.
Effective September 12, 2009