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Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.05 - Standards for Certification of Private Applicators

Current through Register 1525, July 5, 2024
Every private applicator who uses or supervises the use of a restricted or state limited use pesticide for purposes of producing any agricultural commodity on property owned or rented by him or his employer or on the land of another without compensation other than trading of personal services between producers of agricultural commodities must be certified. As a minimum requirement for certification, a private applicator shall demonstrate a practical knowledge of pest problems and control practices associated with his agricultural operations, proper storage, use, handling and disposal of pesticides and containers, and an understanding of laws and regulations relating to his use of pesticides. Examinations for private applicators will emphasize the principle commodity area in which they are engaged. This knowledge should include the ability to:
(1) Recognize common pests and their damage.
(2) Read and understand labels and labeling information including the commonly used name of pesticides he has applied, pests controlled, timing and methods of application, safety precautions, and preharvest or re-entry restrictions, any specific disposal directions and any specific hazards to the environment .
(3) Apply pesticides as directed in labeling, including preparation of the proper concentration, and taking into consideration such factors as area to be treated, speed at which equipment will be driven and quantity dispersed per unit of time.
(4) Recognize local environmental situations to be considered to avoid contamination of adjacent crops, water or other features.
(5) Recognize poisoning symptoms and to follow proper procedures in case of a pesticide accident.
(6) Demonstrate a practical knowledge of Federal and State supervisory requirements including labeling regarding the application of restricted use pesticides by non-certified applicators. This requirement is limited to private applicators whose activities include a supervisory role.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.06 - Standards for Licensing Non-certified Applicators

Current through Register 1525, July 5, 2024
Every non-certified applicator who for hire uses or supervises the use of a general use pesticide on land not owned or controlled by the applicator or his or her employer must be licensed. As a minimum requirement for licensing, an applicator must demonstrate a practical knowledge of principles and practices of pest control and safe use of pesticides. This knowledge shall include at least those areas set forth as "general standards" for commercial applicators in 333 CMR 10.04(1).
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.07 - Standards for Supervision of Non-certified Applicators

Current through Register 1525, July 5, 2024
(1) Prior to supervising any non-certified applicator, Supervising Certified Applicators must have a practical knowledge of federal and state supervisory requirements set forth by the Department in accordance with M.G.L. c. 132B and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
(2) There shall be a minimum of one Supervising Certified Applicator for each company location that shall supervise non-certified applicators that apply State Limited Use and Restricted Use Pesticides employed by that company at that location. A Supervising Certified Applicator shall supervise no more than 12 non-certified applicators. Upon request, the Supervising Certified Applicator shall provide to the Department, the names and license number of all non-certified applicators under their direct supervision.
(3) A Product Application Guidance Sheet must be developed by a Supervising Certified Applicator for each State Limited Use and Restricted Use Pesticide used by the company. Product Application Guidance Sheets shall include, but not be limited to, the following and shall be maintained in each service vehicle:
(a) Pesticide product name and EPA Registration Number;
(b) Mixing instruction;
(c) Precautions on Environmental and Human hazards that is specific to that product;
(d) Accident instruction;
(e) Sites allowed by company and label where product use is preferred;
(f) Preferred application method allowed by company and label for product;
(g) Product limitations set by company and label; and (h) Copyright date of Label Summary Sheet.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.09 - Certification and License Documents

Current through Register 1525, July 5, 2024
The Department shall issue certification and license documents only after the applicant has successfully complied with the procedure set forth in 333 CMR 10.08. The certification and license documents shall include, at least, the following information: name; address; certification or license number; class, category or subcategory covered by the certification or license; any limitations on the right to purchase, possess or apply pesticides; the departmental validation and the applicator's signature. The document shall be on the applicator's person at all times he is using apesticide. This document will also be utilized as a means of identification for his purchase of restricted or state limited use pesticides.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.10 - Modification, Suspension and Revocation

Current through Register 1525, July 5, 2024
The Department may suspend any certification or license, pending a preliminary inquiry for no longer that ten days, and after affording the certificate or license holder notice and an opportunity for a hearing may suspend, deny, revoke or modify the provisions of any certification or license, if it finds,
(1) That the terms or conditions thereof are being violated or are inadequate to avoid unreasonable adverse effects on the environment, or
(2) That the holder of or applicant for the certification or license has made a false or misleading statement in the application, or
(3) That the holder of a certification or license has violated any provision of the Massachusetts Pesticide Control Act, or FIFRA, or any regulations, standards, orders, certification, license or permit issued under either, or
(4) That the holder or applicant for said certification or license is not competent with respect to the use and handling of pesticides or the use and handling of the pesticide or class of pesticides covered by said individual's certification or license, or
(5) That the holder of or applicant for a certification or license does not have in effect or fails to maintain in effect liability insurance in the amounts specified in 333 CMR 10.13.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.11 - Certification of Federal Employees

Current through Register 1525, July 5, 2024
Certifications or licenses may be granted to any federal employee who has been certified or licensed under an approved federal agency plan which has standards no less stringent than those of the Department. If the Department determines that a federal plan does not meet its standards, such applicants shall be required to apply for certification or licensing according to the procedure set forth in 333 CMR 10.08.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.12 - Reciprocity with Other States

Current through Register 1525, July 5, 2024
The Department may, at its discretion, certify or license any person possessing a valid certification, license or equivalent rating issued by the pesticide control agency of any other state, provided:
(1) Certification and license requirements are no less stringent than those required by Massachusetts.
(2) The pesticide control agency of that state extends similar privileges to persons certified or licensed by Massachusetts.
(3) Applicants for reciprocal certification submit proof to the Department of having successfully completed all necessary certification or license requirements in that state.
(4) Applicants for reciprocal certification must complete all requirements of the Department relative to certification and licensing with the exception of taking the examination, including payment of all appropriate fees.
(5) All grantees of reciprocal certification or licenses shall be familiar with and bound by the provisions of the Massachusetts Pesticide Control Act and regulations adopted thereunder and any lawful order of the Department.
(6) Whenever a person's certification or license is denied, suspended, revoked or modified in that state, the reciprocal certification or license, granted by the Department, shall be at least similarly denied, suspended, revoked or modified.
(7) Reciprocal certification shall remain in effect as long as certification is maintained in the other state.
(8) Reciprocal certification documents shall be issued to applicants and bear a notation distinguishing them from other certification documents.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.13 - Financial Responsibility

Current through Register 1525, July 5, 2024
As a condition to obtaining or renewing a license or commercial certification, an applicant shall be required by the Department to submit with his or her application an attestation by an insurance broker certifying that the insurance policy coverage in force and issued on behalf of said applicator meets or exceeds the standards set forth below, except as provided in 333 CMR 10.13(10). This attestation shall be on a form provided by the Department.
(1)
Certified Commercial Applicator
. The following minimum comprehensive general liability insurance coverage (ground application) is required:
(a)
Bodily Injury Liability
$100,000
each occurrence
300,000
aggregate
(b)
Property Damage Liability
100,000
each occurrence
(including completed operations)
(2)
Licensed Applicator
. The following minimum comprehensive general liability insurance coverage (ground application) is required:
(a)
Bodily Injury Liability
$50,000
each occurrence
100,000
aggregate
(b)
Property Damage Liability
50,000
each occurrence
(including completed operations)
(3) Certified Commercial Applicators or Licensed Applicators who apply pesticides a erially. The following minimum comprehensive general liability insurance coverage is required:
(a)
Bodily Injury Liability
$100,000
each occurrence
300,000
aggregate
(b)
Property Injury Liability
100,000
each occurrence
(including completed operations)
(4)
(a) In order to satisfy the requirements of 333 CMR 10.13(1) and (2), insurance policies must include an endorsement that modifies any pollution exclusion provision written into said policies. The Department, with approval of the Board, may waive this pollution liability coverage requirement for any segment of the commercial pesticide industry that can not secure pollution liability coverage, provided that submitted documentation indicates pollution liability coverage is not available to that industry segment. For the purpose of 333 CMR 10.00, industry segment shall refer to a set of individuals, applicators, and/or companies who provide the same pest control services(s).
(b) In order to satisfy the requirements of 333 CMR 10.13(3), insurance policies must include coverage for chemical drift resulting from legally carried out purposeful use of pesticides by commercial aerial pesticide applicators. The Department with approval of the Board may waive this chemical drift liability coverage requirement for any segment of the commercial aerial pesticide application industry that can not secure such coverage, provided that submitted documentation indicates chemical drift coverage is not available to that industry segment. For the purpose of 333 CMR 10.00, industry segment shall refer to a set of individuals, applicators, and/or companies who
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.14 - Record Keeping Requirements

Current through Register 1525, July 5, 2024
(1) All certified commercial applicators, all certified private applicators, and all licensed applicators or their employers, are required to keep true and accurate operational records containing the following information on each application of a pesticide:
(a) Place of application;
(b) Date of application;
(c) The brand or registered name of the pesticide;
(d) The EPA registration number of the pesticide;
(e) The amount of pesticide applied;
(f) The purpose for which the pesticide was applied;
(g) Method of application;
(h) The persons certified or licensed by the Department who participated in the planning and execution of the application;
(i) Accidents or incidents resulting from use of a pesticide which caused pollution;
(j) The amount of liability insurance carried and the name of the insurer;
(k) Any illnesses or injuries caused by or suspected to have been caused by pesticides and reported to the applicator.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.15 - Rights of Appeal

Current through Register 1525, July 5, 2024
Any person aggrieved by a determination by the Department to issue, deny, revoke, modify or suspend any certification or license may request within 21 days an ad judicatory hearing before the Board as provided for in M.G.L. c. 132B, § 13.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.16 - Penalties

Current through Register 1525, July 5, 2024
Any person who violates any provision of 333 CMR 10.00 shall be subject to the criminal and civil penalties set forth in M.G.L. c. 132B, § 14.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 11.00 - Rights Of Way Management › Section 11.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 333 CMR 11.00 is to establish a statewide and uniform regulatory process which will minimize the uses of, and potential impacts from herbicides in rights-of-way on human health and the environment while allowing for the benefits to public safety provided by the selective use of herbicides. Specific goals of 333 CMR 11.00 are to:
(1) Ensure that an Integrated Pest Management (IPM) approach to vegetation management is utilized on all rights-of-way covered by 333 CMR 11.00.
(2) Establish standards, requirements and procedures necessary to prevent unreasonable risks to humans or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.
(3) Ensure ample opportunity for public and municipal agency input on potential impacts of herbicide application to rights-of-way in environmentally sensitive areas.
(4) Establish a mechanism for public and municipal review of rights-of-way maintenance plans.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 11.00 - Rights Of Way Management › Section 11.03 - General Provisions

Current through Register 1525, July 5, 2024
(1) No person shall use an herbicide for the purpose of clearing or maintaining a right-of-way unless appropriately certified by the Department, or licensed by the Department and working under the on-site supervision of an appropriately certified applicator.
(2) No person shall use an herbicide for the purpose of clearing or maintaining a right-of-way except in accordance with a Vegetation Management Plan (VMP) and a Yearly Operational Plan (YOP) as approved by the Department. The YOP shall be available at the work site at all times during herbicide applications and be made available to the Department and municipal officials including the Conservation Commission and Board of Health upon reasonable request.
(3) No person shall handle, mix or load an herbicide concentrate on a right-of- way within 100 feet of a sensitive area.
(4) The perimeter of any sensitive areas which are not readily identifiable on the ROW shall be identified with a clearly visible marker system, consistent with the VMP, prior to any herbicide application.
(5) No foliar application of herbicides shall be used to control vegetation greater than 12 feet in height except for side trimming.
(6) No herbicide shall be applied when the wind velocity is such that there is a high propensity to drift off target and/or during measurable precipitation, and no person shall apply herbicides in such a manner that results in drift into any No-spray Area.
(7) No person shall apply herbicides by aircraft for the purpose of clearing or maintaining a right-of-way.
(8) No touch-up applications shall be carried out except under the following conditions:
(a) Touch-up applications must occur within 12 months of the initial application.
(b) All applicable public notification procedures of M.G.L. c. 132B, § 6B, as outlined in 333 CMR 11.07(1) and (3), are followed.
(c) No more than 10% of the initially identified target vegetation on the applicant's right-of-way in any municipality may be treated and the total amount of herbicide applied in any one year shall not exceed the limits specified by the label or Yearly Operational Plan.
(d) The Department may impose such additional restrictions or conditions on the use of herbicides as it deems necessary to protect public health and the environment.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 11.00 - Rights Of Way Management › Section 11.04 - Sensitive Area Restrictions

Current through Register 1525, July 5, 2024
(1)
General
. In any sensitive area:
(a) No more than the minimum labeled rate of herbicide for the appropriate site, pest, and application method shall be applied.
(b) Herbicides shall only be applied selectively by low pressure, using foliar techniques or basal or cut-stump applications, or other method approved for use by the Department.
(c) No person shall apply herbicides for the purpose of clearing or maintaining a right-of-way in such a manner that results in drift to any area within ten feet of standing or flowing water in a wetland; or area within 400 feet of a public drinking water supply well; or area within 100 feet of any Class A surface water used as a public water supply; or area within 50 feet of a Private Well.
(d) Only herbicides specified by the Department as acceptable for use in sensitive areas pursuant to the Cooperative Agreement executed between the Department of Agricultural Resources and the Department of Environmental Protection on July 1 and 2, 1987, or future amendments thereto, shall be used in sensitive areas. Applicants proposing to use an herbicide which has been registered for use on rights-of-way but has not yet been evaluated pursuant to the provisions of the Cooperative Agreement may request that such herbicides be evaluated pursuant to said provisions. For an herbicide that has been evaluated pursuant to the provisions of the Cooperative Agreement, applicants proposing to use such herbicide in a manner inconsistent with the terms and conditions of use imposed in the guidelines may request a modification or waiver of such terms or conditions. A request for such modification or waiver shall provide a detailed rationale for use, with all relevant data including but not limited to environmental fate, efficacy and human health effects of the proposed herbicide. Such herbicides and/or uses shall be subject to the evaluation standards adopted by the Departments of Agricultural Resources and Environmental Protection in the Cooperative Agreement.
Commentary
. Applicants not eligible for the public utilities exemption from the Wetlands Protection Act outlined at 310 CMR 10.03(6)(a), who wish to apply pesticides registered for use in Massachusetts to rights-of-way, may choose to apply herbicides determined to be suitable for use in sensitive areas in accordance with the provisions of the Cooperative Agreement mentioned above or, alternatively, such applicants may proceed pursuant to the provisions of 310 CMR 10.00 as authorized by M.G.L. c. 131, § 40.
(e) The Department may impose such additional restrictions or conditions on the use of herbicides within or adjacent to sensitive areas as it determines necessary to protect human health or the environment. Such changes may be proposed by a municipal agency or individual during the public comment period.
(f) In the event of a question or dispute as to which setback applies to a sensitive area, the most restrictive setback shall apply.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 11.00 - Rights Of Way Management › Section 11.05 - Vegetation Management Plan (VMP)

Current through Register 1525, July 5, 2024
(1)
General.
(a) Unless otherwise specified by the Department, all VMPs should be submitted by the applicant no later than September 1st prior to the calendar year of the proposed first year of maintenance. All approved VMPs shall be effective for a five year period unless otherwise modified, or revoked by the Department.
(b) The VMP shall be presented on forms and/or format approved by the Department.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 11.00 - Rights Of Way Management › Section 11.06 - Yearly Operational Plan (YOP)

Current through Register 1525, July 5, 2024
(1)
General.
(a) The applicant is responsible for the accuracy and completeness of all information submitted with the YOP. The YOP shall be consistent with the objectives of the VMP and shall describe the intended operational program for that calendar year.
(b) The YOP shall be presented on forms and in a format approved by the Department.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 11.00 - Rights Of Way Management › Section 11.07 - Public Notification

Current through Register 1525, July 5, 2024
(1) At least 21 days in advance of application of herbicide to a right-of-way in any city or town, the applicant shall notify the Department, the board of health, and the local public water supplier and, by registered mail, the Mayor, City Manager or Chairman of the Board of Selectman, and the conservation commission in the municipality where the right-of-way lies. The notice shall include the following information: the approximate dates on which such herbicide application shall commence and conclude, provided however, that said application shall not commence more than ten days before nor conclude more than ten days after said approximate dates; the method and locations of application; a Department-approved Herbicide Fact Sheet on the active ingredient(s) of the herbicide(s) used; the EPA registration number(s) for the herbicide(s) used; the name, title, business address and phone number of the certified commercial applicator or licensed applicator, or the contractor, employer or employees responsible for carrying out the application. Where specific information required for this notice is already contained in the current YOP that is on file with the local official, the applicant may incorporate the appropriate pages of the YOP by reference in its notice to that official, indicating that these pages are also directly available from the applicant upon request.
(2) This public notice may run concurrently with the public notice and comment period in 333 CMR 11.06(3), provided that the notice is distributed at least 21 days prior to the herbicide application, and that, prior to the herbicide application, the public notice and comment period has closed and the Department has granted YOP approval without modifications. When the Department's final approval requires modifications or application dates are selected after YOP approval, separate notice under 333 CMR 11.07(1) is required.
(3) At least 48 hours prior to the application referred to in 333 CMR 11.07(1), the applicant must publish a conspicuous notice in at least one newspaper of general circulation in the city or town where the right-of-way lies. The notice must appear in the local section of the newspaper and measure at least four by five inches in size. The notice shall contain the following information: the method and locations of pesticide application; the approximate dates on which the pesticide application shall commence and conclude, provided that the applications shall not commence more than ten days before nor conclude ten days after said approximate dates; a list of potential pesticides to be used; a description of the purpose of the application; and the name, title, business address and phone number of a designated contact person representing the applicant from whom any citizen may request further information. The notice should apply only to the calendar year in which the notice is published. Upon request the notice must be made available to the Department.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 11.00 - Rights Of Way Management › Section 11.08 - Notice of Modification and Revocation

Current through Register 1525, July 5, 2024
(1) The Department may suspend approval of any VMP or YOP, by written notice to the applicant and applicator, halting the application of herbicide to that right-of-way of the YOP. After 21 days if the applicant does not request a hearing, the Department may revoke or modify the VMP and YOP, if it finds:
(a) that the terms, conditions of restrictions thereof, are being violated or are inadequate to avoid unreasonable adverse effects on the environment or on human health; or
(b) that the applicant has made a false or misleading statement or has not provided information requested by the Department or Rights-of-way Advisory Panel; or
(c) that the applicant has violated any provision of the Massachusetts Pesticide Control Act or FIFRA, or any regulations, standards, orders or license issued under either.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 11.00 - Rights Of Way Management › Section 11.09 - Right-of-appeal

Current through Register 1525, July 5, 2024
Any person aggrieved by the decision of the Department to approve, deny, modify or revoke a VMP or YOP may request an adjudicatory hearing. The request for a hearing must be received by the Department within 21 calendar days after receipt of the decision. The request should state clearly and concisely the facts of the proceeding, the reasons the decision is alleged to be inconsistent with 333 CMR 11.00 and the relief sought by the adjudicatory hearing. The adjudicatory hearing before the Pesticide Board shall be conducted in accordance with the informal rules of adjudicatory proceeding as set forth in M.G.L. c. 30A.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 11.00 - Rights Of Way Management › Section 11.10 - Penalties

Current through Register 1525, July 5, 2024
Any person who violates any provision of 333 CMR 11.00 shall be subject to the criminal and civil penalties set forth in M.G.L. c. 132B, § 14.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 11.00 - Rights Of Way Management › Section 11.11 - Rights-of-way Advisory Panel

Current through Register 1525, July 5, 2024
(1) A Rights-of-way Advisory Panel shall be established to advise the Department on issues relating to 333 CMR 11.00 and to fulfill specific functions as detailed within 333 CMR 11.00.
(2) The Department shall request that the following members participate on the Rights-of-way Advisory Panel: the Commissioners/Secretaries or his/her designee of the Department of Environmental Protection, the Department of Public Health, and the Executive Office of Transportation; and a representative, respectively, from each of the following, all to be appointed by the Department Commissioner: the Massachusetts Association of Conservation Commissions, the Massachusetts Association of Health Boards, the Massachusetts Department of Conservation and Recreation, and an Environmental Advocacy Organization Representative, a member of the University of Massachusetts Extension who is well versed in weed science and Integrated Pest Management of weeds, a representative of the Massachusetts Railroad Association, a representative of a utility company and a commercial pesticide applicator.
(3) Non-agency representatives shall remain on the panel for a term of five years. Any member absent from two or more consecutive meetings may be removed from the Advisory Panel at the discretion of the Commissioner of the Department, and a replacement requested from the representative agency, industry group, or association.
(4) The Advisory Panel shall meet at least once each year, and shall hold further meetings upon the request of the Department of Agricultural Resources or at the request of any two members of the Advisory Panel.
(5) All Advisory Panel members shall serve without compensation.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 12.00 - Protection Of Groundwater Sources Of Public Drinking Water Supplies From Non-point Source Pesticide Contamination › Section 12.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 333 CMR 12.00 is to prevent non-point source contamination of public drinking water supply wells from pesticides products on the groundwater protection list.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 12.00 - Protection Of Groundwater Sources Of Public Drinking Water Supplies From Non-point Source Pesticide Contamination › Section 12.03 - General Provisions

Current through Register 1525, July 5, 2024
(1) No person shall apply any product on the groundwater protection list within a primary recharge area without adoption of a Department approved integrated pest management program.
(2) No person shall soil apply any product on the groundwater protection list within a primary recharge area unless that person has obtained of a pesticide management plan approved by the Department pursuant to 333 CMR 12.04.
(3) No person shall apply any product on the groundwater protection list within a primary recharge area inconsistent with the conditions of a pesticide management plan or the integrated pest management program.
(4) Products on the groundwater protection list are exempt from restrictions under 333 CMR 12.00 provided that the product is labelled for, and applied exclusively in an indoor setting.
(5) Pesticide products which contain a potential groundwater contaminant are exempt from the groundwater protection list provided that the product is: an aerosol product; a paint product; a finished bait product, or; a product applied directly to humans, domestic animals or livestock.
(6) The Department will produce and update the groundwater protection list on a yearly basis, as of January 1 of each year.
(7) No person shall apply any product on the groundwater protection list within a primary recharge area if a viable alternative exists.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 12.00 - Protection Of Groundwater Sources Of Public Drinking Water Supplies From Non-point Source Pesticide Contamination › Section 12.04 - Pesticide Management Plan (PMP)

Current through Register 1525, July 5, 2024
(1)
Application.
(a) The proponent of a pesticide managment plan shall supply, on a form or format provided by the Department, evidence adequate to the Department to justify the approval of a pesticide management plan, including but not limited to each of the following:
1. Name and EPA Reg. No. of the pesticide product(s) on the groundwater protection list proposed for use;
2. All maps necessary to identify the anticipated use site in relation to the primary recharge area;
3. Written evaluations of alternative control methods, including economic ramifications;
4. Information including: target pest, method of application, rate of application, irrigation practices (if any), crop and the percent of foliar ground cover;
5. Storage, handling, mixing and loading procedures;
6. The specific Department approved integrated pest management program that has been adopted;
7. Site specific data of each of the following:
a. Top soil horizon depth;
b. Depth to seasonal high water table;
c. Soil Conservation Service Soils Hydrologic Group;
d. Soil test results of percent organic matter;
e. Any available monitoring data including a list of wells on the site;
f. O ther data which supports a finding that the anticipated use site is not a highly vulnerable site.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 12.00 - Protection Of Groundwater Sources Of Public Drinking Water Supplies From Non-point Source Pesticide Contamination › Section 12.05 - Renewal and Amendments

Current through Register 1525, July 5, 2024
Any applicant desiring to amend or renew a pesticide management plan shall submit an application, on a form or format provided by the Department, for review by the Department in accordance with the provisions of 333 CMR 12.04.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 12.00 - Protection Of Groundwater Sources Of Public Drinking Water Supplies From Non-point Source Pesticide Contamination › Section 12.06 - Revocation

Current through Register 1525, July 5, 2024
(1) The Department may revoke, suspend or modify an approved pesticide management plan, by written notice to the proponent if it finds:
(a) That the conditions or restrictions of the pesticide management plan are being violated or are inadequate to avoid significant risk of groundwater contamination or adverse human health effects; or
(b) that the applicant has made a false or misleading statement in any information provided pursuant to 333 CMR 12.04.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 12.00 - Protection Of Groundwater Sources Of Public Drinking Water Supplies From Non-point Source Pesticide Contamination › Section 12.07 - Record Keeping

Current through Register 1525, July 5, 2024
Any person who applies a pesticide product on the groundwater protection list within a primary recharge area, except those products exempted pursuant to 333 CMR 12.03, shall file annually with the Department information as required by the Department including but not limited to 333 CMR 12.04(1)(a)1. through 6. provided that a list of addresses identifying sites treated may be substituted for the requirements of 333 CMR 12.04(1)(a)2.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 12.00 - Protection Of Groundwater Sources Of Public Drinking Water Supplies From Non-point Source Pesticide Contamination › Section 12.08 - Penalties

Current through Register 1525, July 5, 2024
Any person in violation of 333 CMR 12.00 shall be subject to civil or criminal penalties pursuant to M.G.L. c. 132B, § 13.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 12.00 - Protection Of Groundwater Sources Of Public Drinking Water Supplies From Non-point Source Pesticide Contamination › Section 12.09 - Appeal

Current through Register 1525, July 5, 2024
Any person aggrieved by a decision of the Department to deny, revoke, suspend or modify a pesticide management plan or the use of a product on the groundwater protection list, may request an adjudicatory hearing before the Pesticide Board as provided for pursuant to M.G.L. c. 132B, § 13. The request for a hearing must be made in writing and received by the Department within 21 days of the decision.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 12.00 - Protection Of Groundwater Sources Of Public Drinking Water Supplies From Non-point Source Pesticide Contamination › Section 12.10 - Effective Date

Current through Register 1525, July 5, 2024
333 CMR 12.00 shall be effective on January 1, 1992.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 13.00 - Standards For Application › Section 13.01 - Definitions

Current through Register 1525, July 5, 2024
For the purpose of 333 CMR 13.00, the definitions set forth in 333 CMR 2.00:
General Information
, 333 CMR 10.02:
Definitions
, and 333 CMR 13.01 apply, unless the context or subject matter requires a different interpretation.
Agricultural Applications
. Those pesticide applications to agricultural land as defined under M.G.L. c. 128, § 1A.
Contracting Entity
. The individual, party, or organization primarily responsible for the procurement of pest control services.
Control Program
. Any program designated to control Public Nuisance Pests which entails the application of a pesticide using either ground or aerial application equipment.
DCR
. Department of Conservation and Recreation.
Forest Health Program Director
. Forest Health Program Director of DCR, Bureau of Forest Fire Control and Forestry.
Local Superintendent
. Local Superintendent of Shade Tree Management and Pest Control as established by M.G.L. c. 132, § 13.
Protected Areas
. Those areas defined as follows:
(a) Any residential, commercial, municipal, hospital, school or other building where people gather and the area within a 100-foot radius surrounding these structures, provided that such Protected Area shall not exceed the property line; and
(b) Any developed recreation area open to public accommodation, including any developed public or commercial campground, developed picnic area, developed park and recreation facility, playground, school bus stop, or other area developed for organized recreation.
Public Building
. The indoor area of any building to which the public has access for work, recreation or other purposes including but not limited to commercial buildings, day care centers and facilities, nursery schools, institutions, health care facilities, restaurants, hotels, motels, schools, places of worship, public meeting places, stores, malls, and airports.
Public Nuisance Pests
.
Public Nuisance Pest
shall include those plant diseases, insects, and related pests which are declared to be "public nuisances" by DCR or the Department.
Public Nuisance Pest
includes the following:
(a) Gypsy and brown tail moths, tent caterpillars, cankerworms, oriental hag moths, fall webworms, Japanese beetles, saddled prominents, pine loopers, and elm leaf beetles which damage forest and shade tree foliage;
(b) Diseases and leaf eating and sucking insects which damage forests and shade trees; and
(c) Beetles which spread Dutch Elm Disease.
Wide Area Applications
. All aerial applications made for the control of Public Nuisance Pests, and all ground applications made for the control of Public Nuisance Pests which cross property lines or are made to areas that exceed one acre.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 13.00 - Standards For Application › Section 13.02 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Anti-siphonage Devices
. Pesticide application or mixing equipment designed, sold or intended for use in Massachusetts shall:
(a) If attached to pipes or fixtures which carry potable water, be separated from the water supply by an effective anti-siphonage device.
(b) If drawing water from the surface waters of the Commonwealth, have an effective anti-siphonage device
.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 13.00 - Standards For Application › Section 13.04 - Application by Aircraft

Current through Register 1525, July 5, 2024
(1)
Certification Requirement
. No person shall apply pesticides by aircraft unless certified by the Department in Category 34 - Aerial.
(2)
Permit Requirement
. Except as provided for below, all who elect to control pests by the use of pesticides applied by aircraft shall do so only after receiving a permit issued by the Department. The Department shall issue such permit in those cases in which the applicant presents to the Department a plan acceptable to the Department and in compliance with the provisions of M.G.L. c. 132B.
(3)
Exemptions from Permit Requirement
. The following classes of applications by aircraft are exempted from the provisions of 333 CMR 13.04(2):
(a) Those carried out on lands owned or controlled by the DCR and under the authority of M.G.L. c. 132;
(b) Those carried out in the conduct of mosquito control programs approved by the State Reclamation and Mosquito Control Board;
(c) Those made to state, county, and municipal lands under the authority granted to the public agencies having control of such lands, so long as these applications are designed to confine said applications to such public lands; and
(d) Agricultural Applications as defined.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 13.00 - Standards For Application › Section 13.05 - Subsurface Application of Termiticides

Current through Register 1525, July 5, 2024
(1)
Certification of Applicators
. All pesticide applicators who make subsurface applications of pesticides for control of termites shall be certified by the Department in Category 43 - Termite and Structural Pest Control or shall work under the direct supervision of an individual who is certified by the Department in said Category.
(2)
Sub-slab Elements
. Termiticide shall not be injected beneath concrete slabs or other flooring until locations of intra or sub-slab heating ducts, water lines, sewer lines, electrical conduits or other subslab utility elements have been determined.
(3)
Foundations with Holes, Cracks or Voids
. Treatment of areas outside the perimeter of buildings which have basements or crawl spaces which extend below the level of the outside grade and which have holes, cracks or voids which may allow infiltration of the pesticides may not take place until the applicator has taken steps to ensure that significant amounts of pesticide will not infiltrate into the basement or crawl space.
(4)
Applicable to all Subsurface Termiticide Applications
. Prior to entering into any contract to apply termiticides, the applicator or his/her employer shall provide the Contracting Entity with a Department-approved Consumer Information Bulletin on Termite Applications which shall contain such information that the Department deems necessary.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 13.00 - Standards For Application › Section 13.06 - Application for Turf Pests

Current through Register 1525, July 5, 2024
(1)
Residential Properties
. No commercial application of pesticides shall be made for the control of turf pests on residential properties without the following provisions:
(a) Prior to entering into any agreement to apply pesticides to residential turf or prior to renewal of an existing agreement to apply pesticides to residential turf, the applicator or his/her employer shall provide the Contracting Entity with a written statement approved by the Department which shall contain such information that the Department deems necessary.
(b) At the time of entering into any agreement to apply pesticides to residential turf, or at the time of renewal of an existing agreement to apply pesticides to residential turf, the applicator or his/her employer shall provide the Contracting Entity with the opportunity to request prior notification from the applicator or his/her employer of each application made to said property.
(c) Upon completion of each application, the applicator or his/her employer shall leave at the residence a written statement containing the following information:
1. The name and license/certification number of the applicator;
2. The names and EPA Registration Numbers of the pesticide products that were applied to the property and for what purpose;
3. Any precautions indicated on the labeling relative to post-application requirements; and
4. The date and time of application.
(d) Owners who occupy the residences associated with the turf being treated may waive the above requirements under the following conditions:
1. The property owner and immediate family are the only persons occupying the property being treated; or
2. The residence is unoccupied and will remain unoccupied for a minimum of 72 hours after the application is made.
The waiver must be at the written request of the property owner and made using a Department-approved form. Completed forms must be maintained by the applicator or his/her employer for three years.
(e) Prior to commencing each application, the applicator shall post a sign or signs, approved by the Department, on the turf intended for treatment. The applicator must leave such sign(s) posted on the property and shall instruct the customer that signs should neither be removed sooner than 24 hours after the application was made nor left up for more than 72-hours. Said signs must be posted at conspicuous points of access to the property.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 13.00 - Standards For Application › Section 13.07 - Protection of Honey Bees

Current through Register 1525, July 5, 2024
(1)
Use of Microencapsulated Methyl Parathion
. Microencapsulated methyl parathion shall be used or applied in Massachusetts only as provided for below:
(a) Microencapsulated methyl parathion shall only be used or applied to control first generation European corn borer on sweet corn, San Jose scale on apples, or for those uses which the Department finds do not expose honey bee populations to the spray pattern or the resultant residues of the pesticide.
(b) Applications to control European corn borer shall not be made after July 1st of any year, unless such date is amended by the Department for good cause.
(c) Each use of microencapsulated methyl parathion shall only be made under the authority of a permit issued by the Department.
(d) A condition of any permit issued for outdoor use of microencapsulated methyl parathion shall be that where there exists an occurrence of significant flowering plants being visited by honey bees for the purpose of gathering nectar or pollen in the field or orchard being treated, or on those areas bordering such field or orchard to which spray may drift, applicators must take appropriate steps such as mowing ground cover prior to application to minimize the occurrence of bloom at the time of the pesticide use.
(e) No licensed dealer in restricted pesticides or any other dealer shall sell micro-encapsulated methyl parathion to any person who does not possess a currently valid permit to use this pesticide.
(f) No other person shall sell, trade, or otherwise transfer microencapsulated methyl parathion to any person who does not possess a currently valid permit to use this pesticide.
(g) At least 24 hours prior to any application of microencapsulated methyl parathion, applicators will notify all apiary owners listed on the Department Apiary list whose hives are within five miles of the site of application. Applicators shall also check with known agricultural establishments within a five mile radius of the application site to determine if pollinator hives are on-site, and shall provide at least 24 hours' prior notification of application to any of these establishments that are determined to have pollinator hives on-site.