Sec. 22a-45d. (Formerly Sec. 19a-94a). Contingency plan for controlling mosquito

infestation. The Commissioner of Environmental Pr otection, in consultation with the Commissioners of Public Health and Agricultur e, shall establish a contingency plan, within available appropriations, for the spraying of larvic ide to control mosquitoes in the event of an

outbreak of infectious disease in any human or animal populati on due to mosquito infestation.

(P.A. 94-191; P.A. 95-257, S. 12, 21, 58.)

History: P.A. 95-257 replaced Commi ssioner and Department of Public Health and

Addiction Services with Commi ssioner and Department of Public Health, effective July 1, 1995;

Sec. 19a-94a transferred to Sec. 22a-45d in 1999.

Sec. 22a-54. Pesticide applicators, certificatio n, classification, notice, fees; reciprocity; financial responsibility ; aircraft, tree, public employee applicators. (a) No individual shall use or supervise the use of any restricted use pe sticide within this stat e at any time without a private or commercial certificate or permit issu ed in accordance with the provisions of this section, unless the use is under th e direct supervision of a certi fied applicator; provided, any pesticide classified for restricted use by the ad ministrator of the United States Environmental Protection Agency shall be used only by a certified applicator or unde r the direct supervision of a certified applicator. The commi ssioner shall have exclusive au thority in the regulation of pesticide spraying, including, but not limited to, pr actices and procedures prior to and during any spraying, except as provided in section 22a-66z. The commissioner may by regulations adopted in accordance with the provisions of chapter 54 establish procedures for municipalities to designate watercourses or other sources of water which applicat ors may draw upon for pesticide spraying.

(b) There shall be two classifications for commercial applicators, supervisory and operational. Supervisory certification shall be required for commercial applicators who are responsible for deciding whether or not pesticides are to be empl oyed, how they are to be mixed, where they are to be employed, wh at pesticides are to be used , the dosages and timing involved in the pesticide use and the methods of applicatio n and precautions to be taken in the use of such pesticides. Operational certification shall be re quired for commercial applicators who actively use pesticides in other th an a supervisory capacity.

(c) The following provisions sha ll govern the certification of applicators:

(1) No person shall engage in commercial ap plication of pesticides within this state at any

time without a certificate issued in accordance wi th the provisions of this section. No person shall engage in the private appli cation of restricted use pesticides without a certificate issued in accordance with the provisions of this section. App lication for such certifi cate shall be made to

the commissioner and shall contain such informa tion regarding the applicant's qualifications and proposed operations and other relevant matte rs including, but not lim ited to, a knowledge of integrated pest management and the role of hon ey bees in agriculture, pesticides that are especially toxic to honey bees, and methods of application which minimize damage to honeybees, as the commissioner may require.

(2) The commissioner sh all require the applicant to demons trate, upon examination, that he possesses adequate knowledge concerning the proper use and application of pesticides and the dangers involved and precautions to be ta ken in connection with their application.

(3) If the commissioner finds that the applicant is competent with respect to the use and handling of a pesticide or pestic ides or a class or classes of pesticides, he shall certify the applicant to perform application within this stat e of such pesticide or pesticides or class or classes of pesticides. The certification shall be valid for five years and may be renewed by the

commissioner with or without further examina tion. The commissioner may establish regulations for applicator certification so that one-fift h of the certificates e xpires each year. The commissioner may certify an applicator for less th an five years and pror ate the registration fee accordingly to implement the regulations establis hed pursuant to this subsection. The certificate may restrict the applicant to the use of a certain type or types of equipmen t or materials, if the commissioner finds that the applicant is qualified to use only such type or types of equipment or

materials.

(4) If the commissioner finds that the a pplicant is not competent with respect to the use and handling of a pesticide or pesticid es or a class or classes of pe sticides, the commissioner shall refuse to issue the applicant a certificate. The commissioner sha ll inform the applicant of the refusal in writing, giving the reasons for such refusal. Any person aggrieved by such a decision to deny certification may, within thirty days fr om date of issuance of such denial, request a hearing before the commissioner, which hearing shall be conducted in accordance with chapter

54.

(5) The commissioner may certify without examination any nonresiden t who is certified in another state under a law which provides substantia lly similar qualifications for certification and which grants similar privileges of certification w ithout examination to residents of this state certified under the provisions of this section.

(d) When establishing standards for cer tification, the commissioner shall establish separate standards for supervisory and ope rational certificates for commercial applicators and separate standards for private applicators.

(e) The following provisions shall govern the certification of ai rcraft applicators:

(1) No person shall apply, offer to apply or cause to be applied any pesticide or fertilizer by aircraft without a certificate or permit issued in accordance with the provisions of this

subsection.

(2) Upon application of any person qualifie d to fly an aircraft, the commissioner may issue a certificate for the application of pesticides or fertilizers by aircraft. Application for said certificate shall be on forms provided by the co mmissioner and shall be accompanied by a fee of fifty dollars.(3) The commissioner may issue a pe rmit to the owner of any crop or land, or to a representative designated by such ow ner, for application of pesticides or fertilizers by a certified aircraft applicator. Application for said perm it shall be on forms provided by the commissioner and shall be accompanied by a fee established by the commissioner by regulations adopted in accordance with the provisions of chapter 54 provid ed the fee shall be no t less than ten dollars. The commissioner may waive the application fo rm and fee requirements imposed pursuant to regulations adopted in accordan ce with the provisions of chap ter 54 in circumstances where application of broad spectrum chem ical pesticides from the air is necessary to control specific vectors of human disease which pose an imminent threat to public health. The commissioner may require inspection of the crop or area and its immediate environs and approval as follows:

(A) For agricu ltural crops, nurseries and orchards, by the director of the Connecticut Agricultural Experiment Station;

(B) For rodent control, woodland spraying and mosquito control spraying, by the commissioner;

(C) For control of v ectors of human disease, by the Commissioner of Public Health.

(4) The commissioner shall designate the kind and amount of pesticides permitted for use by aircraft. Permits for aircraft spra ying in congested areas shall be issued only with the approval of the director of health of the municipality in which the operation is to be conducted except in

circumstances where the commissioner determin es that the applicati on of broad spectrum chemical pesticides from the air is necessary to control specific vectors of human disease which pose an imminent threat to public health.

(5) The commissioner, with the advice of the Commissi oner of Transportation, may adopt such regulations as he deems necessary for the protection of public heal th, aquatic and animal life and public and private property, governing:

(A) The type of aircraft to be used;

(B) The hours during which aircraft may be so used;

(C) The wind and weather conditions under which aircraft spraying or dusting may be performed;

(D) The minimum area on which ai rcraft spraying or dusting may be done; and

(E) The amount of public liability and property damage insuran ce to be carried by the aircraft applicator.

(6) No person may apply pesticides or f ungicides by aircraft or by misting-type devices to shade tobacco crops within three hundred feet of an inhabited residential building for which a certificate of occupancy was issued prior to January 1, 1997, without the written permission of the owner of such building, except spray applications may be admini stered within the confines ofthe netting. This subdivision shall not apply to an applic ation of pesticides or fungicides to land which was poled for the cultivation of shade tobacco between January 1, 1994, and January 1,

1997.

(f) The commissioner may by regulation prescr ibe fees for applicants to defray the cost of administering examinations and assisting in ca rrying out the purposes of section 22a-451, except

the fees for certification and rene wal of a certification shall be as follows: (1) For supervisory

certification as a commercial applicator, two hundred twenty-f ive dollars; (2) for operational

certification as a commercial a pplicator, forty dollars, and (3) for certification as a private applicator, fifty dollars. A federal, state or muni cipal employee who applies pesticides solely as part of his employment shall be exempt from payment of a fee. Any certificate issued to a federal, state or municipal employee for which a f ee has not been paid sha ll be void if the holder leaves government employment. The fees collect ed in accordance with this section shall be deposited in the General Fund.

(g) The commissioner may require any person engaged in the commercial or aircraft application of pesticides to furnish proof of financial responsib ility to satisfy claims for damages on account of any physical injuries suffered by a ny person or damage to property by reason of any act or omission on the part of the applicator, or the agents or employees of the applicator.

The Commissioner of Environmental Protec tion in consultation with the Insurance Commissioner shall determine the amount, character and form of financial responsibility. No person shall engage in the aircraft application of pesticides or fertilizers until the Insurance Commissioner has reviewed and approved such a pplicator's proof of financial responsibility.

(h) The commissioner shall prescribe sta ndards for certification of arborists, as defined in subsection (a) of section 23-61a, with respect to th e application of pesticides. The standards shall provide that in order to be certif ied, an individual shall be compet ent with respect to the use and handling of the pesticide or clas s of pesticides covered by such individual's application. The commissioner may designate as his agent th e Tree Protection Examining Board for the administration of any standards or examinations prescribed by the commissioner pursuant to this

section.

(i) Federal, state and municipal employees who use or supervise the use of restricted or permit use pesticides shall be certifie d in conformance with this section.

(j) The commissioner may require the displa y of a decal or other evidence, indicating that a commercial applicator has met the requirements of this part, in a prominent place on any licensed vehicle used in the applicator's spraying opera tions. A fee may be charged to the certified applicator by the commissioner to cover th e cost of the decals or other evidence.

(P.A. 73-540, S. 6, 28; P.A. 75-551, S. 3- 6; P.A. 77-206, S. 11; 77-529, S. 9-14; 77-614, S. 323, 610; P.A. 82-158, S. 1, 6; P.A. 83-108, S. 1; 83-193; 83-587, S. 45, 46, 73, 96; P.A. 85-407, S. 5, 9; P.A. 86-364, S. 2; P.A. 88-247, S. 8, 12; P.A. 91-369, S. 8, 36; June Sp. Sess. P.A. 91-12, S. 36, 55; P.A. 92-162, S. 3, 25; P.A. 93-381, S. 9, 39; P.A. 95-208, S. 2, 13; 95-257, S. 12, 21, 58; P.A. 97-289, S. 6, 9; P.A. 98-171, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 110, 111.)History: P.A. 75-551 amended Subsec. (a ) to prohibit use of pes ticide without a license unless use is under direct superv ision of a certified applicator, amended Subsec. (c)(3) to allow commissioner to establish licensure guidelines and to prorate fees for licenses issued for less than five years, amended Subsec. (h) to clarify natu re of "standards for commercial tree workers" and amended Subsec. (i) to require licensure in c onformity with Sec. 22a-54 rather than in conformity with "standards fo r operational licenses for commer cial applicators"; P.A. 77-206

substituted "arborists" for "commercial tree wo rkers" in Subsec. (h); P.A. 77-529 amended Subsec. (a) to delete provisions empowering commissioner to prescribe licensing standards for private, commercial and aircraft a pplicators and detailing the nature of such standards, to refer to private or commercial certificates or permits ra ther than to licenses and to add proviso re pesticides classified for restrict ed use, rephrased Subsecs. (b), (c), (f) and (h) to conform to changes made in Subsec. (a) and for clarity, ad ded provision re appeals in Subsec. (c)(4) and added Subsec. (j) re decals; P.A. 77-614 substi tuted commissioner of health services for commissioner of health in Subsec. (e)(3)(iii) , effective January 1, 1979; P.A. 82-158 substituted

references to certificates and cer tification for references to licen ses and licensure and made other technical corrections; P.A. 83-108 amended Subsec. (g) by replacing provision authorizing environmental protection commissioner to determin e nature of proof of fi nancial responsibility with provision including insurance commissioner in determination process and adding provision prohibiting the aircraft application of pest icides until the commissioner of insurance has approved proof of financial responsibility; P.A. 83-193 ame nded Subsec. (a) by giving the commissioner exclusive authority in the regula tion of pesticide spraying; P.A. 83-587 made technical changes in Subsecs. (b), (g) and (j); P.A. 85-407 amended Subsec. (f) by adding provisions authorizing regulations concerning Sec. 22a-451 and requiri ng fees to be deposited in the emergency spill response fund; P.A. 86-364 am ended Subsec. (f) by deleting reference to use of fees to defray the cost of processing applic ations for certification and establishing fee schedule for certification and renewal of various types of certification; P.A. 88-247 amended Subsec. (c)(1) to authorize that applican ts be tested for knowledge of integrated pest management; P.A. 91-369 amended Subsec. (f) to delete changes in the amount of the fees which would have taken effect after December 31, 1991; June Sp. Sess. P. A. 91-12 in Subsec. (e)(2) and (3) established a fee for a certificate to apply pesticides; P.A. 92-162 amended Subsec. (e) to make crop inspections prior to issuance of permits under this section discre tionary rather than mandatory; P.A. 93-381 replaced commissioner of health serv ices with commissioner of public health and addiction services, effective Ju ly 1, 1993; P.A. 95-208 amended Subs ec. (f) to require that fees

collected in accordance with sec tion be deposited in General F und, rather than Emergency Spill Response Fund and deleted provision authorizing commissioner to expend up to 5% of such fees for administrative expenses related to collecti on of such fees, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Pub lic Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-289 amended Subsec. (e)(3) and (4) to allow fo r expedited approval of aerial spraying of pesticides in cases of threat to public health, effectiv e July 1, 1997; P.A. 98-171 added S ubsec. (e)(6) re application of pesticides to certain tobacco cropland, effective June 4, 1998; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (e)(2) to change application fee for certificate of application of pesticides by aircraft from not less than $25 to $50 and to delete language re establishment of fees by regulation and amended Subsec. (f) to change fe e for supervisory certification as a commercial applicator from $150 to $225, fee for operational certi fication as a commercial applicator from $20 to $40, and fee for certification as a private applicator from $25 to $50, effective August 20,2003.

See chapter 54 re uniform administrative procedure.

See Sec. 7-148 re municipal powers, generally.

See Sec. 22-11a for definition of "integrated pest management".

Sec. 22a-45b. (Formerly Sec. 19a-93). Elim ination of mosquito-breeding places by

Commissioner of Environmental Protection. The Commissioner of E nvironmental Protection may make regulations and orders concerning th e elimination of mosquitoes and mosquitobreeding places, and said commissioner or his agent may enter upon any land, tidal wetland, inland wetland or watercourse to ascertain if mosquitoes breed thereon or to survey, drain, fill or otherwise treat, or make any excavation or struct ure necessary to eliminate mosquito breeding on such land. When funds have been provided by a ppropriation by the state for the elimination of mosquitoes or mosquito-breeding places, said commissioner may conduct or cause the conducting of such work provided no filling, drai ning, excavation, installati on or erection of any structure, or any other permanent alteration of private property shall be conducted without the consent of the landowner on whose property such work is to be conducted. The commissioner may take and hold, by purchase, condemnation or otherw ise, any real property or interest in real property as he determines is ne cessary to abate a threat of disease to humans or animals from

insect vectors. Whenever the commissioner is unable to agree with th e owner of any such property as to the compensation to be paid fo r the taking thereof, the commissioner may bring condemnation proceedings in accordance with the procedure provided by part I of chapter 835 for condemnation by municipal corporations ge nerally. In such case, the court may permit immediate possession of such property by the co mmissioner in accordance with the procedure provided by said part I of chapter 835.

(1949 Rev., S. 3859; 1971, P.A. 870, S. 51; P.A. 76-436, S. 277, 681; P.A. 77-614, S. 323, 610; P.A. 78-280, S. 1, 127; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 97-289, S. 1, 9.)

History: 1971 act replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pe nding matters deemed transferable; P.A. 76-436 repla ced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-614 replaced commissioner of

health with commissioner of health servic es, effective January 1, 1979; P.A. 78-280 removed references to counties; Sec. 19-50 transferre d to Sec. 19a-93 in 1983; P.A. 93-381 replaced

commissioner of health services with commissi oner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commi ssioner and Department of Public Health and

Addiction Services with Commi ssioner and Department of Public Health, effective July 1, 1995; P.A. 97-289 transferred responsibility for mos quito control under th is section from the

Commissioner of Public Health to the Commissioner of Envi ronmental Protection, deleted former provisions re notice of mosquito cont rol activities and asse ssment of damages andprovided requirement for consent of landowner, and authorization to acquire property for mosquito control, effective July 1, 1997; S ec. 19a-93 transferred to Sec. 22a-45b in 1999.

See Sec. 19a-213 re duties of local he alth authorities re mo squito-breeding places.

Sec. 22a-45c. (Formerly Sec. 19a-94). Mainte nance of drained land by Commissioner of

Environmental Protection. When any work has been conducted in accordance with section 22a-45b that is subject to the approval of the Commissioner of Environmental Protection, said commissioner shall keep the same in repair a nd free from obstruction or otherwise treat such

areas so as to make such work effective. Said commissioner may appoint one or more agents to supervise the work done under the provisions of this section and section 22a-45b, who may exercise the authority granted to said commission er. The expenses of said commissioner and said agents in carrying out the provisi ons of this sec tion and section 22a-45b sha ll be paid from funds provided by appropriations by the st ate for such purpose. The Comptroller may advance to said commissioner such amounts, within the appropriations therefor, as are necessary to meet the current expenses for work authorized under the provisions of this section and section 22a-45b. Any person obstructing the work of examining, surv eying or ditching or ot herwise treating such mosquito-breeding areas, or obstructing any ditch, canal or drain, or th e natural outlet of any marsh-forming and mosquito-breed ing areas, shall be fined not mo re than one hundred dollars or imprisoned not more than ninety days or both.

(1949 Rev., S. 3860; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 97-289, S. 2, 9.)

History: P.A. 77-614 repl aced commissioner of health with co mmissioner of health services, effective January 1, 1979; Sec. 19-51 transferre d to Sec. 19a-94 in 1983; P.A. 93-381 replaced

commissioner of health services with commissi oner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commi ssioner and Department of Public Health and

Addiction Services with Commi ssioner and Department of Public Health, effective July 1, 1995; P.A. 97-289 transferred responsibility for mos quito control under th is section from the

Commissioner of Public Health to the Commissioner of Envi ronmental Protection, deleted provisions re construction or re pair of tide gates and funds pr ovided by voluntary contributions, and made technical changes, effective July 1, 199 7; Sec. 19a-94 transferre d to Sec. 22a-45c in

1999.