CHAPTER Pes 600 AQUATIC APPLICATION OF PESTICIDES

Statutory Authority: RSA 430:31

PART Pes 601 DIVISION APPROVAL REQUIRED

Pes 601.01 Special Permit Required

.

(a) No person, firm, corporation, any agency of state or local government or other legal entity shall apply

any pesticide to or in any surface water withou t receiving a special perm it from the division.

(b) In addition to the requirement for a spec ial permit, applications for trea tment of surface waters 10 acres

or larger in area shall also have prior recommendations by the water divisi on, department of environment services

and New Hampshire fish and game department.

(c) Recommendations required under (b) ab ove shall be obtained by the divi sion of pesticide control by

means of written requests a ccompanied by a copy of the special perm it application submitte d by the applicant.

(d) Those surface waters subject to (a) above include:

(1) Rivers;

(2) Streams;

(3) Brooks;

(4) Creeks or other waterways;

(5) Wetlands, as defined in Wt 101.90, includ ing any marsh, swamp, bo g or other wetland type;

(6) Ponds;

(7) Lakes or any body of water th at drains into such a waterway;

(8) Any body of water used for public or private water supply;

(9) Any great pond; and

(10) Coastal wetland or any tidal waters.

Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781,

eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96; ss by #8131, eff 8-13-04

PART Pes 602 APPLICATION PROCEDURE

Pes 602.01 Applicatio n Form for Aquatic Pesticide Treatments

.

(a) Application for approval for treatment of surface waters shall be made on forms provided by the

division.

(b) The applicant shall incl ude the following on or with the application form:

(1) Names, addresses and tele phone numbers of the following:

a. Pesticide applicator; and

b. Client requesting application of pesticides;

(2) Names and addresses of the following: 

### Page 1 of 14 Pes 600

5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.htmla. All abutters;

b. All persons utilizing the wa ters for domestic purposes; and

c. All persons who have made known their objections to the trea tment through written o r

verbal communication with the applicant;

(3) Description of the treatment area which includes:

a. A scale map of one inch to 800 to 1000 feet delineating treatment and surrounding area,

including the location of:

1. Depth findings;

2. Riparian owners, abutters and others affected by the treatment;

3. All inlet and outlet streams;

4. Bathing areas;

5. Base of operations; and

6. Sampling sites;

b. The length and width of shoreline;

c. The average depth, surface area in acres and type of bottom;

d. A statement as to whether any parts of the treatment area are places where boats congregate

for recreational usage, such as boat rafting, wa ter skiing, riding of personal watercraft, o r

similar activities; and

e. If the treatment area includes places as descri bed in d. above, the location(s) of the neares t

public and private boat ramps;

(4) The reason or need for pesticide application;

(5) Whether or not the water le vel can be controlled, and how;

(6) The use of the waters by abutters and those not contiguous to the treatment area, including:

a. The name and location of any public water supply wells and the dist ance to the reference

line that is closest to the proposed treatment area;

b. The name and location of any private water supply intakes and wells and the distance to the

reference line that is closest to the proposed treatment area;

c. A description of bathin g uses, including locations re lative to treatment area; and

d. A description of livestock watering and othe r agricultural uses, includ ing location in relation

to treatment area;

(7) The uses of the outlet waters, including:

a. Name and location of neares t source of public water supplies;

b. Name and location of nearest sources of private water supply along outlet stream; and

c. Location of nearest point downstream where waters are us ed for bathing, residential o r agricultural irrigation, watering livest ock, and for other agricultural uses;

(8) A statement that approval pursuan t to Pes 602.01(c) has been sought; 

### Page 2 of 14 Pes 600

5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.html(9) Where approval as specified under (8) ab ove cannot be obtained or is not granted:

a. A statement as to the reason that approval was not obtained;

b. A description of the nature of and reason for any objection, where such information is made

known to the applicant; and

c. Copies of any written objections that might ha ve been directed to the applicant pursuant to

Pes 602.01(b)(8);

(10) The method of notification to abutters and others directly affe cted by the treatment, to include

persons who enter treatment area via watercraft;

(11) A description of the pe sticide application, including:

a. Identification of target organism;

b. Method of treatment;

c. Labels of pesticide to be used with the pesticide applicatio n rate and amount to be used;

d. Date(s) of pes ticide application(s);

e. Sequence of pesticide application(s); and

f. Number and acreage of blocks to be treated;

(12) The method of posting treated area;

(13) The planned concentrations of pesticide to be present in the waters after treatment;

(14) The names of predominant speci es of game fish known to be present;

(15) The identity and lo cation of the laboratory conducting requ ired sampling as specified in Pes

603.03(c)(23);

(16) Certification, by the applicant's signature, that:

a. The information on the form is true and corre ct to the best of the applicant's knowledge and

belief; and

b. The applicant assum es full responsibility for:

1. Any damage resulting from inaccuracies in the information provided on the application

form;

2. Miscalculations;

3. Improper applications of chemicals; or

4. Failures on the part of the applicant to gain the approval of, or accommodate the

objections of any riparian owners and other affected persons whose approval is required to

be sought under Pes 600; and

(17) Signature of pesticide applicator and client for whom the tr eatment is being made.

(c) The applicator shall seek approval for the proposed pesticide application from riparian owners and

abutters, both in the vicinity of th e treatment area and along the outlet stream, who may have to temporarily

restrict their usage of water.

(d) Information submitted in support of proposed treatment shall be co mplete and any falsification o f

information shall result in denial or revocation of the special permit. 

### Page 3 of 14 Pes 600

5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.html(e) Completed applications shall be received at the division 90 da ys prior to the proposed date of treatment.

(f) The division shall act upon the permit request within 90 days of its receipt.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96; ss by #7460, eff 3-15-01; ss by #7890,

eff 5-19-03; ss by #8131, eff 8-13-04

Pes 602.02 Public Notification Requirements

.

(a) Applicants shall provide notification of the pending application as follows:

(1) Written notification directly to each abutter; and

(2) Publication of notice in a newspaper of general circulation in the area affected.

(b) Notification in (1) and (2 ) above shall include a statement indicating that:

(1) Certain activities and water uses might be tem porarily restricted as a condition of the permit; and

(2) Those wishing to comment on the proposed ap plication may contact th e division to request a

public hearing.

(c) Applicants shall pr ovide the division a copy of the following:

(1) The notice to abutters;

(2) The proposed notice sent to newspaper; and

(3) A tear sheet from the newspape r showing the notice at such time as it is received by the applicant.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96; ss by #7460, eff 3-15-01; ss by #8131,

eff 8-13-04

Pes 602.03 Public Hearings . A public hearing shall be scheduled in such cases where a written request has

b een made to the division by at least 5 abutters to th e proposed treatment area or by one abutter owning 25

p ercent or more of the shoreland adjacent to the proposed treatment area within 15 days of the division receiving

notification as per Pes 602.02(c) above.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96, ss by #8131, eff 8-13-04; ss by #9219,

eff 9-1-08

Pes 602.04 Notification of Public Hearings . Upon receipt of a request for a public hearing, the division

shall:

(a) Schedule the hearing;

(b) Notify the a pplicant of the date of said hearing;

(c) Publish notice of hearing in a newspaper of general circulation in the area affected at least 14 days prio r

to the date of hearin g ; and 

### Page 4 of 14 Pes 600

5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.html(d) Instruct applicant to provide notice of the hearing at least 14 days prior to date of hearing, by registered

mail, to all persons owning propert y abutting the area to be treated.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96; ss by #8131, eff 8-13-04

Pes 602.05 Content of Notices . The public notice and notice of he aring to applicant and others shall

contain:

(a) A reference to the regulatory au thority, Pes 602.03 and Pes 602.06, for conduct of hearing;

(b) A statement of the purpose of the hearing;

(c) A statement of the time, date and plac e of the hearing and the manner in which views may be submitted

for consideration by the division;

(d) A statement of the place and time where relevant material may be examined, and the name, address and

telephone number of the person from whom further information ma y be obtained; and

(e) A description of proposed treatm ent(s) including:

(1) Description of the area to be treated and areas likely to be affected;

(2) Name and EPA registration nu mber of pesticid es to be used;

(3) Name and address of applicant and agent; and

(4) Proposed date(s) of treatment(s).

Source. #1547, 3-13-80; ss by #2209, eff 12-13-82; ss by #2781,

eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96; ss by #7460, eff 3-15-01; ss by #8131,

eff 8-13-04

Pes 602.06 Conduct of Public Hearings . The public hearing shall be conducted by the director, division o f

p esticide control as follows:

(a) There shall be an opportunity for the p ublic to direct questions concerning said application to the

applicant through the division;

(b) The director of the division shall limit presentations to issues re levant to the application unde r

consideration;

(c) There shall be an opportunity for the division to freely question both the applicant and the participants

in the hearing;

(d) The attendees of the hearing wishing to be heard shall register to speak prior to commencement of the

hearing;

(e) Any interested person who desires to partic ipate in the hearing shall be en titled to do so either by filing

a written statement indicating the person's interest and his/ her position on the particular application or by making

an oral statement includ ing the same information.

(f) The director shall place time limits on presentations in the following situations:

( 1 ) Where testimon y bein g p resented is re p etitious of that p reviousl y p resented; 

### Page 5 of 14 Pes 600

5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.html(2) Where testimony being presented is not releva nt to the issue of the special permit proposal; and

(3) Where there is a time limitation on the length of the public hearing.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96; ss by #8131, eff 8-13-04

PART Pes 603 RECOMMENDATIONS AND DECISIONS

Pes 603.01 Recommendations

.

(a) Recommendations from water division, department of environmental se rvices, and New Hampshire fish

and game department, pursuant to Pes 601.01(b) shall be obtained by the division by means of written requests,

including a copy of the special permit application;

(b) Recommendations in (a) above shall be obtained by the division prior to the date of the public hearing

or prior to the date for acting on the special permit request if a hearing is not held.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96; ss by #8131, eff 8-13-04

Pes 603.02 Division Decisions

.

(a) Decisions of the division to issue or deny a request for a special permit shall be based on an assessmen t

of the following:

(1) The impact of the proposed app lication of pesticide on human health;

(2) The possible effects on non-targ et areas and non-target organisms;

(3) Whether the proposed application of pesticid es complies with the provisions of Pes 100-1100;

(4) The proximity of wells, wate r supplies, other surface waters , marshland and similar sensitive

areas to the treatment area and whether the prot ective measures in the proposal are adequate;

(5) The characteristics, toxicity, and hazards of the pesticide to be utilized and the measures to

minimize any adverse effects;

(6) A review and consideration of the pesticide app lication equipment and its adequacy for the

proposed application;

(7) The considerations that have been given, and provisions made by the applicant to address or mee t

the concerns of dissenters of the proposal;

(8) The adequacy of measures proposed to protect those persons who might use the waters for:

a. Recreational purposes, including watercraft use;

b. A source of drinking water; or

c. Other domestic purposes including show ering, washing dishes and clothes; and

(9) The recommendations of other affected agencies.

(b) If after consideri ng the special permit request an d the criteria in (a) above, the division determines that 

### Page 6 of 14 Pes 600

5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.htmlthe proposal could be executed with minimal risk to hum an health and the environmen t, a special permit shall be

issued.

(c) Every decision of the division sh all be in writing and shall include reasons for the decision.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96; amd by #6944, eff 2-24-99; ss by

#7460, eff 3-15-01; ss by #8131, eff 8-13-04

Pes 603.03 Cond itions for Granting "Special Permits ."

(a) “The National Environmental Laborato ry Accreditation Conference” as u sed in this section means a

voluntary association of state and federal agencies sp onsored by the EPA and formed to establish and promote

mutually acceptable performance st andards for the inspection and opera tion of environmental laboratories.

(b) Special permits shall be issued, in wr iting, and state the terms and conditions under which the division

granted approval.

(c) The pesticide applicator identified with in an aquatic specia l permit shall comply with the following:

(1) The applicator shall provide notice of treatment by registered mail, return receipt requested, to the

following:

a. All owners of property abutting the area to be treated;

b. All persons utilizing the wa ters for domestic purposes; and

c. All local public health officials.

(2) Notification pursuant to Pes 603.03(c)(1) shall be posted at least 14 days prior to the treatment

date;

(3) The applicator shall include in the notifica tion in Pes 603.03(c)(1), (7), (17), and (18), the

following information:

a. The name of the product;

b. The common chemical name of the active ingredient;

c. The EPA registration number;

d. All the warnings on the label of the product to be applied; and

e. All restrictions on the use of the waters;

(4) In the event the notice of treatment under Pes 603.03(c)(1) is undeliverable, the applicator o r representative shall hand deliver the notice directly to the property site(s) in the affected area(s)

owned or occupied by such persons who did not receive notification, or in the case of failure to reach

a public health official, to the local public health office, as applicable;

(5) If no person is available to receive this notice, then said notic e shall be left in a conspicuous

location;

(6) The applicator shal l submit a signed statement attesti ng to fulfillment of the requirements

pursuant to Pes 603.03(c)(1) to the division prior to the treatment date;

(7) The applicator shall publish notice of the treatment date in at least one newspaper of general

circulation in the area to be treated at least once per week for 2 weeks prece ding the treatment date to

allow the general public kn owledge of the treatment; 

### Page 7 of 14 Pes 600

5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.html(8) All waters treated with pestic ides shall be posted with signs di splaying the restrictions for wate r usage as found upon the labeling of the pesticide to be used according to procedures described in (11)

below;

(9) If the division, or the applicator, after consid eration of the criteria set forth in Pes 603.02(a),

determines that the period of posting water use rest rictions pursuant to (8) above should be extended

in order to protect human health and the envi ronment, the posting period shall be extended;

(10) The extended posting period under (9) above shall be determined prior to the issuance of a

special permit;

(11) The applicator shall post the treatment area with signs warning the gene ral public that the area

has been treated, as follows:

a. Signs shall be at least 8 x 10 inches, and be made of weather resistant materials with blac k

letters on a yellow background;

b. The signs shall be posted at least every 100 feet;

c. Signs shall be in place fr om the beginning of the pesticid e treatment process until the end o f

any restricted entry or use period s stipulated in the special permit, or where not so specified, the

restrictions specified on the pesticide label(s); and

d. Signs shall include at a mi nimum the followi ng information:

1. The treatment date(s);

2. The trade name(s) and common chemical name(s) of the pesticide(s) used;

3. All water use restrictions including re creational, domestic, potable, irrigation and

agricultural, and the length of time the re strictions are to remain in effect; and

4. The name, address and telephone number of a contact person where additional

information may be sought;

(12) No treatment of surface wa ters shall occur if water contamin ated or affected by the treatmen t

might adversely affect industrial processes whic h utilize that wa ter, unless written permission is

obtained from the affected industry or industries;

(13) The applicator shall provide prior written notif ication to appropriate town health officials and to

the New Hampshire department of health and human services of the specific date(s) of treatment(s);

(14) The applicator shall provide prior written notification to the New Hampshire fish and game

department of the specific date(s) of treatment(s);

(15) The applicator shall notify the di vision of a pending treatment as follows:

a. Notification shall be made at least 48 hours prior to the time of treatment by appropriate

means, such as phone, fax, or electronic mail; and

b. Prior to commencement of treatment the app licator shall provide a si gned statement attesting

to the fact that all pre-treatment requirem ents of the special pe rmit have been met;

(16) In cases of postponement of treatment of 14 days or less from the pr oposed date of treatment,

the applicator shall hand deliver notice to all abu tters, affected property owners with intakes and

properties containing wells with u se restrictions under the permit;

(17) Notices given under (16) above shall specify th e actual date of treatment and contain all of the

information specified under Pes 603.03(c)(3); 

### Page 8 of 14 Pes 600

5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.html(18) In cases of postponement of treatment of more than 14 days from the proposed date of treatment,

the applicator shall provide notification of the new date, as required in (c)(1), (2), (3), (4), (5), (6), (7),

(13), (14) and (15) of this section;

(19) The applicator shall notif y other persons or entities who migh t not be located in the treatmen t

area but might be affected by said treatment;

(20) The applicator or client shall perform at le ast one follow-up inspection within 21 days of the

treatment for the purpose of de termining any adverse effects;

(21) If at any time the applicator or client beco mes aware of any adverse impact, he or she shall

report verbally within 24 hours and in writing within 5 days to the division of pesticide control;

(22) Any written report submitte d under Pes 603.03(c)(2 1) shall contain the following information:

a. Amount of pesticides applied and in what areas;

b. Any adverse effects, incl uding illnesses, off-target problems and situations of nonnotification where persons on abutter lists or lists of well owners were not notified;

c. Dates of follow-up insp ections and details of how th e inspections we re conducted;

d. Arrangements made by the applicator, client, or both for testing to determine any alteration

in water quality; and

e. Name and addresses of any pe rsons who have f iled complaints;

(23) The applicator shall arrange for the taking an d analysis of a minimum of 2 samples by a private

laboratory, which has received accreditation by the National Environmental Laboratory Accreditation

Conference or as specified upon the pesticide la bel, according to the following provisions:

a. The laboratory and the sp okesman from the laboratory who w ill be taking the samples shall

be named in the sp ecial permit request;

b. The time of sampling shall be determined by label restriction intervals;

c. Samples shall be taken from locations specif ied in the special perm it or, lackin g such, from

within the treatment area at predetermined locations indicated on the map supporting the

special permit request;

d. A minimum of 2 samples shall be obtained and analyzed after treatment;

e. Copies of the official laboratory reports of analysis shall be submitte d to the division within

60 days of taking samples;

f. The reports shall include information comp iled by the laboratory spokesperson, as follows:

1. A description of the sampling method;

2. The depth at which the sample was taken;

3. A map showing the exact location of the samples; and

4. Coordinates of sample location(s) as determined by a Global Positioning System;

g. Use of pesticides by local, state and federal government agencies for the control o f

phragmites for the purpose of wetland restoratio n or maintenance, at a distance of 25 feet o r greater from the reference line, where "phragmites" means common reed ( Phragmites australis

, formerly P. communis ), a tall grass of the Family Poaceae shall be exempt from Pes 603.03(c)

(23);

(24) The application rate of pesticides shall not: 

### Page 9 of 14 Pes 600

5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.htmla. Exceed the rate specified on the label of the register ed pesticide; and

b. Reach or exceed dosages capable of reducin g the number of non-target aquatic organisms to

a non-viable level;

(25) The use of herbicides and algaecides for th e control of aquatic vegetation shall not be made

during the months of Oc tober through April; and

(26) The applicator shall submit a written report by October 15 of the year in which the special

permit was in effect, presenting deta iled information of the results of the treatment with pesticides,

including:

a. Effectiveness of treatm ent and degree of control;

b. Effects on non-target ed species of vegetation;

c. Adverse effects on other aquatic organisms; and

d. Estimate of the duration of control..

(d) Water supply wells that are lo cated within 50 feet of any proposed treatment area shall be treated a s intakes for the purpose of meeting a ssociated pesticide label restrictions unless the applicant can demonstrat e through hydrogeologic evaluation that drinking water st andards as specified within New Hampshire Drinkin g

Water Rules Env-Ws 300 will be met.

(e) Anyone applying treatments within areas containi ng surface water intakes sh all post signs at all spigot s

related to said in takes as follows:

(1) The signs shall specify all use restrictio ns as stated on the pe sticide label(s); and

(2) Signs shall remain posted for th e duration of the label restrictions.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; amd by #5611, eff

4-13-93; ss by #6316, eff 8-13-96; amd by #6944, eff 2-24-99; ss

by #7460, eff 3-15-01; ss by #7890, eff 5-19-03; ss by #8131, eff

8-13-04; amd by #8634, eff 5-23-06; ss by #9219, eff 9-1-08

Pes 603.04 Postponement of Treatment . If the division finds that, as a result of postponement of treatment,

adverse effects on human health and th e environment are likely, it shall, afte r a hearing, reconsider its original

decision.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96; ss by #8131, eff 8-13-04

Pes 603.05 Suspension or Revocation of Special Permit . The division shall suspend or revoke a special

p ermit if it finds that the applican t has not complied with the rules or has falsified information submitted in

support of their application as follows:

(a) If the division finds that public health , safety or welfare requires emergency action, the division shall

p roceed with the suspension ac cording to RSA 541-A:30, III; or

(b) If there is not an imminent hazard to public health, safety or welfare, the division shall proceed with the

revocation according to RSA 541-A:30, II.

Source. #6316, eff 8-13-96; ss by #8131, eff 8-13-04 

### Page 10 of 14 Pes 600

5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.htmlPART Pes 604 EXEMPTIONS

Pes 604.01 Applications by Governmental Agencies For Mosquito Control

.

(a) Pesticide applic ations to surface waters by government agencies to control immature forms o f

mosquitoes and other biting arthropods, where said surface wa ters are not used for drinking or domestic purposes,

shall not be subject to the special permit requirements under Pes 600 provided that such agencies comply with

(b)-(e) below.

(b) Except for during a public health emer gency, government agencies shall make application for a special

p ermit to control mosquitoes and other biting arthropods according to the following provisions:

(1) The application shall be made on forms provided by the division;

(2) Applicants shall submit permit applications to the division at least 30 days prior to the proposed

commencement date of the program;

(3) Special permit applic ations shall include information and supporting documentation as specified

under Pes 502.05 (c) and (d);

(4) The control program shall have been approved by vote at a town meeting;

(5) Special permit applic ations shall include information on the methods to be used to notify the

following, pursuant to (e)(2) below:

a. Residents of the town located in the spray area;

b. Town officials;

c. Apiary owners; and

d. Others affected by the treatment.

(c) Pesticide applica tions due to a public health emergency shal l be done under special permit, as follows:

(1) Application for a special permit shall be made in accord ance with Pes 502.05(c); and

(2) The applicant shall provide written notification prior to app lication of pesticides in accordance

with the provisions of Pes 505.06(p).

(d) Prior to issuing a special permit to a government agency for mosquito control the division shall obtain

written recommendations from the water division, department of envir onmental services, and the fish and game

department.

(e) Upon receipt of a special permit for mosquito control, government ag encies shall comply with the

following:

(1) No pesticide applicatio n under said permit shall be made within 75 feet of a private well used as a

source of drinking water;

(2) Prior to commencement of an y pesticide applications the applic ant shall provide notification to

potentially affected persons in accordance with the requirements specified under Pes 505.06(p).

(3) The applicant shall provide the division 48-h our advanced notification of intent to commence

pesticide applications; and

(4) Prior to commencement of any pesticide applica tions, the applicant shall provide to the division a

written, signed attestation that all of the notific ation requirements and any other pre-application

conditions of the permit have been satisfied.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 

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5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.html7-19-96

New. #6316, eff 8-13-96; amd by #7341, EMERGENCY, eff 8-

7-00 EXPIRED: 2-3-01

New. #7553, eff 9-5-01; ss by #8131, eff 8-13-04

Pes 604.02 Surface Water of Less than 10 Acres

.

(a) Surface waters less than 10 acre s where the entire pond bottom and shoreline are owned by one

individual or entity, or is under ownership by more than one individual or entity but where all owners agree to

treatment, and there is no regularly fl owing surface outlet or the flow can be stopped, shall be exempt from the

p rovisions of Chapter Pes 600 except Pes 604.02(b) through (e) and Pes 603.03.

(b) The person or entity shall apply for a sp ecial permit for their proposed treatment on forms provided by

the division.

(c) The special permit application shall be re ceived by the division 45 days prior to the proposed date o f

treatment.

(d) Maps and other information that the division requires pursuant to Pes 502.05 shall be submitted with

the application.

(e) Treatment shall be consistent with the label recommendations of the pes ticide or pesticides to be

utilized.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96; ss by #8131, eff 8-13-04

Pes 604.03 Minimal Adverse Effects

.

(a) The following shall be exempt from the requirements of Pes 600:

(1) Copper sulfate or copper sulfate compound pesticide application(s) for treatment of public

surface waters recommended by th e water division, department of environmental services, pursuant to

RSA 487:15-25; and

(2) Reclamation of lakes and ponds for restoc king purposes by the fish and game department

pursuant to RSA 206:10.

(b) Agencies carrying out activit ies pursuant to (a) above shall proceed as follows:

(1) Present orally to the director, division of pesticide control information as described under Pes

502.05 (b) and (c);

(2) Obtain verbal approval prior to the proposed treatment from the director, division of pesticide

control; and

(3) Submit a written application as described un der 502.05 (b) and (c) to be received by the

division no later than 10 days after the date of treatment.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by

#2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED:

7-19-96

New. #6316, eff 8-13-96; amd by #6944, eff 2-24-99; ss by

#7460, eff 3-15-01; ss by #7890, eff 5-19-03; ss by #8131, eff 8-

13-04 

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5/8/2009 htt p ://www. g encourt.state.nh.us/rules/ p es600.htmlAPPENDIX

Rule Specific State Statute which the Rule Implements

Pes 601.01 RSA 430:41, IV

Pes 602.01 – Pes 602.06 RSA 430:41, IV

Pes 603.01 – Pes 603.04 RSA 430:41, IV

Pes 603.03(c)(11) RSA 430:31, IV

Pes 603.03 ( c )( 16 ) RSA 430:31, IV

Pes 603.03(c)(18) RSA 430:31, IV

Pes 603.03 ( c )( 23 ) RSA 431:41, IV

Pes 603.03(d),(e) RSA 430:31, IV

Pes 603.03 ( c )( 23 ) f. RSA 430:31, IV

Pes 604.01 – Pes 604.03 RSA 430:41, IV 

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