SP0291, LD 817, item 1, An Act Regarding Aerial Pesticide Spray Projects

An Act Regarding Aerial Pesticide Spray Projects

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §1444, sub-§2, as enacted by PL 1997, c. 215, §1, is amended to read:

2. Aerial spraying. When the infestation causing a public health nuisance may be controlled by the aerial spraying of pesticides, the municipal officers in the affected municipality may conduct aerial spraying subject to rules adopted by the Board of Pesticides Control , pursuant to Title 7, section 610 and Title 22, section 1471-R, subsection 3, paragraph C 1471-M, except that:

A. The municipality rather than the applicator is responsible for compliance with the notification and consent regulations;

B. Landowners who are sent written notification by mail, sent to the landowner's last known address as contained in the municipal assessing records and who fail to respond to the notice within 30 days are deemed to have consented to aerial spraying;

C. A landowner's written consent to spray remains valid unless the municipal officers are notified in writing at least 90 days before spraying is to occur that:

(1) The landowner withdraws consent; or

(2) Ownership of the property has been transferred and the notice contains the name and mailing address of the new owner;

D. Any such notice sent or consent received in calendar year 1997 prior to the effective date of this chapter constitutes adequate notice or consent under the law;

E. Written notice to the landowners must identify the chemicals to be used in the aerial spraying; and

F. Public notice of the date of the aerial spraying, subject to change because of weather conditions, must be given 24 hours prior to the spraying.

Sec. 2. 22 MRSA §1471-C, sub-§5, as amended by PL 2007, c. 245, §1, is further amended to read:

5. Commercial applicator. "Commercial applicator" means any person, except a government pesticide supervisor, whether or not the person is a private applicator with respect to some uses, who uses or supervises the use of any limited or restricted-use pesticides on any property other than as provided by subsection 22, or who uses general-use pesticides in custom application on such property. "Commercial applicator" also includes individuals who apply any pesticides in connection with their duties as officials or employees of federal, state or local governments.

Sec. 3. 22 MRSA §1471-C, sub-§11-A, as enacted by PL 1981, c. 374, §2, is repealed.

Sec. 4. 22 MRSA §1471-C, sub-§§16-C, 23-A and 23-C, as enacted by PL 1983, c. 819, Pt. A, §41, are repealed.

Sec. 5. 22 MRSA §1471-D, sub-§2-A, as enacted by PL 1981, c. 374, §3, is repealed.

Sec. 6. 22 MRSA §1471-D, sub-§2-B, as enacted by PL 1983, c. 819, Pt. A, §43, is repealed.

Sec. 7. 22 MRSA §1471-D, sub-§5, as amended by PL 1983, c. 819, Pt. A, §45, is further amended to read:

5. Issuance. No A license or certification may not be issued by the board , unless the board determines that the standards for licensing and certification have been met as to those categories for which the applicant has applied and qualified. In the case of the spotter and monitor, the board shall set minimal proficiency requirements with the understanding that the board may choose to change these standards from time to time. The enforcement personnel of the Board of Pesticides Control shall be certified to meet at least the minimal proficiency requirements required of spotters and monitors. If a license or certification is not issued as applied for, the board shall provide written notice to the applicant of the reasons therefor. The license or certificate may be issued upon such terms and conditions as the board deems considers necessary for the protection of the public health, safety and welfare, and for enforcement and administration of this chapter and the rules promulgated adopted pursuant to this chapter.

Sec. 8. 22 MRSA §1471-D, sub-§6, as amended by PL 1997, c. 454, §8, is further amended to read:

6. Renewal. Licenses for commercial applicators, government pesticide supervisors, spotters, monitors, spray contracting firms, pesticide dealers and private applicators are valid for such period as prescribed by the board by rule. Application for renewal must be accompanied by such reasonable fee as the board may by rule require. The board may, by rule, require that such renewal application include reexamination or other procedures designed to assure a continuing level of competence to distribute, use or supervise the use of pesticides safely and properly.

If the board fails to renew a license upon application of the licensee or certificate holder, it shall afford the licensee or certificate holder an opportunity for a hearing in conformity with Title 5, chapter 375, subchapter IV 4.

Sec. 9. 22 MRSA §1471-M, sub-§1, ¶A, as amended by PL 1981, c. 374, §8, is further amended to read:

A. Establish categories, and where applicable subcategories, of commercial pesticide applicators and government pesticide supervisors depending upon the nature and extent of the pesticide use, the type of pesticide equipment, the degree of knowledge or skill required in their application and such other factors as the board deems considers relevant, provided that as long as such categories shall be are consistent with, but not limited to, the categories established by the United States Environmental Protection Agency;

Sec. 10. 22 MRSA §1471-M, sub-§1, ¶E, as amended by PL 1983, c. 819, Pt. A, §52, is further amended to read:

E. Establish guidelines and requirements for reporting of information by commercial applicators, pesticide dealers , and spray contracting firms and monitors to the board; and

Sec. 11. 22 MRSA §1471-M, sub-§1, ¶F, as enacted by PL 1981, c. 374, §9, is repealed.

Sec. 12. 22 MRSA §1471-M, sub-§1, ¶G, as enacted by PL 1983, c. 819, Pt. A, §53, is repealed.

Sec. 13. 22 MRSA §1471-R, as enacted by PL 1983, c. 819, Pt. A, §54 and amended by PL 2011, c. 657, Pt. W, §7 and PL 2013, c. 405, Pt. A, §23, is repealed.

Sec. 14. 22 MRSA §§1471-S and 1471-T, as enacted by PL 1983, c. 819, Pt. A, §54, are repealed.

SUMMARY

This bill repeals notification and reporting provisions for forest insect aerial pesticide spray projects. It eliminates provisions related to government pesticide supervisors, spotters and monitors, including the certification, licensing and associated reporting requirements. Other provisions governing notification and reporting requirements for outdoor pesticide applications are contained in the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control rules.

SP0291 LD 817	Session - 127th Maine Legislature		LR 444 Item 1
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