# Pesticide Permitting Fact Sheet

When are permits required to apply pesticides? 1) Public Pesticide Programs or Projects - when a government entity directs, carries out, or participates in the spraying or application of a pesticide in any program or project: A) in a state-owned greenhouse or nursery, on a state right-of-way, or on more than one acre of land owned or leased by the state, or B) if the spraying affects property owned separately by two or more persons. 2) Pesticide Applications to Waters of the State – A permit is required to direct, conduct, participate in, or allow the use of a pesticide to waters of the state. "Waters of the state" are defined in AS 46.03.900 as including lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, straits, passages, canals, the Pacific Ocean, Gulf of Al aska, Bering Sea, and Arctic Ocean, in the territorial limits of the state, and all othe r bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially in or bordering the state or under jurisdiction of the state. 3) Aerial Pesticide Applications by aircraft or helicopter – A permit is required to direct, conduct, participate in, or allow the use of a pesticide by aircraft or helicopter.

When are permits NOT required to apply pesticides? 1) Applications of antimicrobial pesticides for o ilfield operations or treatment of drinking water 2) Emergency exemptions as declared by th e Department Commissioner in the event of a) risk to human health, b) risk to the environment, or c) economic loss 3) Applications to Non-public areas of FAA-certified airports 4) Applications on less than one acre of land on a right-of-way wholly within the boundaries of an airport owned either by the state or a municipality and where the pesticide is not applied by aircraft or helicopter 5) Research projects involving 20 acres or less conducted a) by the University of Alaska, or b) on land owned or leased by the state ***Note: The Department may, at its disc retion, require a perm it for these activities

How do I apply for a permit to use pesticides? Please refer to the Pesticide Permit Application P acket which outlines all the required information and documentation that is required by regulati on to obtain a permit to use pesticides. This application packet can be obtained by contacti ng the Wasilla ADEC Pesticide Control Program

office at: 

### ADEC Pesticide Control Program 1700 E. Bogard Road, Bldg. B. Suite 103 Wasilla, AK 99654

Fax: 1-907-376-2382

General Assistance: 1-907-376-1870 Toll Free Number: 1-800-478-2577 (in-state) www.dec.state.ak.us/eh/pest/ Alaska Department of

Environmental Conservation

Division of Environmental Health Pesticide Control ProgramWhen is the applicant required to post a public notice? If the pesticide application will occur; 1) On state-owned rights-of-way 2) On more than 20 acres of state-owned land 3) On land owned separately by two or more persons 4) To waters of the state 5) By aircraft or helicopter

When are public hearings required? Public hearings are scheduled at the department 's discretion when good cause exists. Notice of a hearing must be published no less than 10 days before the hearing occurs.

What other agencies, besides ADEC, are notified of a permit application? The department may send a copy of the permit app lication and the public notice to agencies that are related to the specific permit application. For example, in the case of aerial forestry vegetation management permits, the permit application will be forwarded to the Department of Natural Resources for comment prior to i ssuance of the public notice.

What is an Alaska Coastal Management Program (ACMP) Consistency Review? This questionnaire is designed to asses the impact of the proposed pesticide project on coastal zones. Please include the ACMP Coastal Questionnaire if your project proposes to apply pesticides to a coastal zone.

Other participants, in addition to ADEC, may review the permit: 1) Other state agencies; for example, the Dept. of Fish and Game, and the Dept. of

Natural Resources 2) The affected coastal community, and 3) Other interested members of the public

What factors can cause the department to deny a permit? 1) Insufficient or incorrect informati on in the submitted application packet 2) Inadequate special precautions 3) The applicant, or someone under their direct supervision, has failed to abide by a condition of a previous permit 4) A proposed action is unlawful 5) The department finds that there may be unreasonable adverse effects on human health, safety, and welfare; or unreasonable adverse effects on animals or the environment

How long will it take to get a permit? The length of the permitting process varies grea tly and depends whether or not the permit requires public notices and/or hearings. *** Note: once issued, an appro ved pesticide permit does not take effect until 40 days after it is issued.

If issued, what will be included in the actual permit? The Department assigns a permit number to each pe rmit that is issued. Also included in each permit are specific descriptions of the project and activities that are authorized by the permit, and a list of stipulations and conditions that must be met before, during, and after the project.

How long are permits valid? A permit expires on December 31 st of the year it was issued. A permit can never be valid for longer than two years after its effective date.May I renew my permit in the future? The department, in its discretion, and at the permittee's written request, may renew a permit only once and for no more than one year. If granted a renewal the permittee must once again publish a public notice as required by 18 AAC 90.520. Reminde r: A renewed permit takes effect 40 days

after it is issued.

What are the follow up requirements after a permitted pesticide project is complete? The department, at its discretion, may request a summary of treatment results within 90 days of the permit expiration. Treatment results include: 1) Dates of treatment 2) Total amount of each pesticide used 3) An assessment of the success or failure of the treatment 4) Any observed effect on human health, safety, or welfare, animals, or the environment 5) Monitoring results, if required to conduct monitoring 6) Records required to be kept under 18 AAC 90.400 – 18 AAC 90.420

Can the department make changes to my permit once it has been approved? The department may modify, suspend or revoke a permit if; 1) The permit stipulation or pesticid e regulations have been violated, 2) The pesticide application has an unanticipated effect on human health, safety, or welfare; animals, or the environment

Written notice will be provided to the permit a pplicant within 10 day working days of the department's decision to modify, suspend or revoke the permit.

Can an applicant appeal to the department if the permit was denied? Yes. A permit applicant may appeal a deci sion of the department under 18 AAC 90.900 and request an informal review under 18 AAC 15.185, or an adjudicatory hearing under 18 AAC

15.195 – 18 AAC 15.340.