Connecticut Administrative Code › Title 22a - Environmental Protection › 66 - Use of Pesticides › Section 22a-66-7 - Aircraft application

Current through July 10, 2024
(a) Application for
			 a permit to apply pesticides or fertilizers from the air shall be made on forms
			 furnished by the Commissioner and the applicant shall furnish all information
			 required by the Commissioner.
(b)
			 No pesticide may be applied from the air to a tract of land less than 10 acres
			 in size unless the tract of land to be treated is part of a larger parcel of
			 land that is at least 10 acres in size. All aerial applications must have the
			 prior inspection and approval required by Section
			 22a-54(e)
			 of the General Statutes.
(c) No
			 pesticidal dust may be applied within 100 feet of a public highway.
(d) Repealed, December 22, 1982.
(e) No pesticide shall be applied from the
			 air for agricultural purposes within 200 feet of a watercourse, pond or
			 lake.
(f) Congested areas shall be
			 considered those areas zoned 1/2 acre or less, or municipally or privately owned
			 public parks, public playgrounds, and public swimming areas.
(g)
(1) For
			 the aerial application of pesticides and fertilizers other than Bacillus
			 thuringiensis (B.t.), a written release is necessary from any landowner or
			 resident whose property is under the spray pattern of the aerial application or
			 subject to drift from such an application. The area subject to drift will be
			 considered to be a minimum of 200 feet from the flight path of a helicopter and
			 300 feet from the flight path of a fixed-wing aircraft.
(2)
(A) An
			 applicant for a permit for aerial application of Bacillus thuringiensis (B.t.)
			 must notify each landowner or resident whose property is under the spray
			 pattern of an aerial application or subject to drift from such an application
			 at least 31 days prior to the proposed date of spraying. The area subject to
			 drift will be considered to be a minimum of 200 feet from the flight path of a
			 helicopter and 300 feet from the flight path of a fixed-wing
			 aircraft.
(B) Such notice shall be
			 in writing and shall state:
(i) the proposed
			 date or dates on which spraying is to occur;
(ii) the name of the pesticide to be
			 sprayed;
(iii) the name of the
			 permit applicant;
(iv) the name of
			 the applicator, if known;
(v) in
			 what manner, to whom and at what address the landowner or resident is to object
			 to such spraying if he or she desires;
(vi) the time limit within which he or she
			 must object; and
(vii) that if no
			 objection is made, the area will be sprayed.
(C) After receiving notice, a landowner or
			 resident may waive his or her right to object by signing a written release. If
			 all landowners or residents in an area waive their right to object, that area
			 may be sprayed prior to expiration of the objection period, provided, however,
			 that the information specified in subparagraph (E) is forwarded to the
			 commissioner, and a permit is obtained.
(D) Bacillus thuringiensis (B.t.) shall not
			 be applied from the air if a landowner or resident whose property is under the
			 spray pattern or subject to drift from the application objects, in writing, to
			 the permit application within 30 days of the date notification was
			 received.
(E) At the end of the
			 objection period, the permit applicant shall forward to the commissioner (i)
			 all objections received; (ii) a list of those landowners or residents who have
			 consented, those who have objected, and those who have not responded; and (iii)
			 proof that all landowners or residents have received written notice. Acceptable
			 proof may include receipts of certified mail delivery or signatures secured at
			 time of delivery.