629-620-0400 Protection of the Waters of the State and Other Resources When Applying Chemicals (1) When applying chemicals aerially or from the ground, operators shall protect waters of the state and other forest resources by following the requirements of the chemical product label and by meeting the additional protection measures listed in this rule. (2) When applying herbicides near or within riparian management areas or waters of the state, operators shall maintain vegetation required to be protected by the water protection rules. (3) Weather conditions such as temperature, relative humidity, wind speed, wind direction, atmospheric temperature inversions, and precipitation may strongly affect the deposition and drift of chemicals during aerial and pressurized, ground-based chemical applications. Operators shall apply chemicals only under weather conditions which will protect non-target forest resources and comply with the product label and the other sections of this rule. (4) Except where the product label or sections (2), (6), or (7) apply more stringent requirements, when applying chemicals by aircraft, operators shall not directly apply chemicals within 60 feet of: (a) Significant wetlands; (b) The aquatic areas of Type F, Type SSBT and Type D streams; (c) The aquatic areas of large lakes; (d) The aquatic areas of other lakes with fish use; or (e) Other areas of standing open water larger than one-quarter acre at the time of the application. (5) Except where the product label or sections (2) or (6) apply more stringent requirements, when applying chemicals from the ground, operators shall not directly apply chemicals within 10 feet of: (a) Significant wetlands; (b) The aquatic areas of Type F, Type SSBT and Type D streams; (c) The aquatic areas of large lakes; (d) The aquatic areas of other lakes with fish use; or (e) Other areas of standing open water larger than one-quarter acre at the time of the application. (6) Operators shall not directly apply fertilizers within 100 feet of Type D streams and the domestic use portions of Type F or Type SSBT streams. For other waters of the state, no untreated strips are required to be left by operators when applying fertilizers, except that operators shall not directly apply fertilizers to: (a) The aquatic areas of other Type F or Type SSBT streams or to large and medium Type N streams; (b) Significant wetlands; (c) The aquatic areas of large lakes; (d) The aquatic areas of other lakes with fish use; or (e) Other areas of standing open water larger than one-quarter acre at the time of the application. (7)(a) Except as allowed under subsections (d) and (e), operators shall not directly apply fungicides or non-biological insecticides by aircraft, within 300 feet of: (A) Significant wetlands; (B) The aquatic areas of Type F, Type SSBT and Type D streams; (C) The aquatic areas of large lakes; (D) The aquatic areas of other lakes with fish use; or (E) Other areas of standing open water larger than one-quarter acre at the time of the application. (b) Operators shall not directly apply fungicides or non-biological insecticides by aircraft within 60 feet of the aquatic areas of Type N streams containing flowing water at the time of application. (c) For the purpose of this rule, "biological insecticide" means any insecticide containing only naturally occurring active ingredients including, but not limited to, viruses, bacteria, semiochemicals (pheromones), or fungi. (d) Plans for alternate practices that modify the requirements of subsections (a) and (b) may be approved by the State Forester. Approvals of such plans shall be based on a written finding by the State Forester determining that: (A) Such a modification is essential to control a fungus or a population of an insect species to reduce damage to, and to better provide for, the overall maintenance of forest resources protected under the Forest Practices Act; (B) The operational or weather condition constraints placed on the application by the plan for alternate practice, in addition to the requirements of the forest practice rules and the product label, will reduce the potential for the fungicide or non-biological insecticide to drift outside the operation area or to enter the waters of the state; or (C) Adequate documentation has been submitted by the operator indicating the toxicity to humans, fish populations, or to aquatic invertebrate populations of the fungicide or non-biological insecticide to be applied is lower than the documented toxicity of the fungicide chlorothalonil or the non-biological insecticide carbaryl, as used in forestry prior to September 4, 1996. (e) The requirements of sections (a) and (b) do not apply to pest eradication programs conducted on forestland by the Department of Agriculture. (8) The operator shall make all aerial chemical applications parallel to the edge of the water when applying chemicals within 100 feet of: (a) Significant wetlands; (b) The aquatic areas of Type F, Type SSBT and Type D streams; (c) The aquatic areas of large lakes; (d) The aquatic areas of other lakes with fish use; or (e) Other areas of standing open water larger than one-quarter acre at the time of the application. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 & 527.765 History: DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97