N.H. Admin. Code § Pes 506.04

Current through Register No. 2, January 9, 2025

Section Pes 506.04 - Provisions Applying to Aerial Application in Residential Areas

Applications for special permits for aerial applications in residential areas shall, in addition to the requirements of Pes 506.01 and 506.02, be subject to the following requirements:

(a) A public hearing according to the procedures under Pes 602.06 shall be required prior to approval of a special permit for aerial application in residential areas;

(b) The division shall, upon receipt of a special permit application for aerial treatment to residential areas:

(1) Schedule a public hearing within 30 days of receipt of the application;

(2) Notify the applicant of the date of the hearing;

(3) Instruct the applicant to have a notice of the public hearing published at least 14 days prior to the date of the hearing in:

a. A newspaper of general circulation in the area affected; and

b. Where newspaper notices alone will be inadequate, any trade, industry, professional or interest group publication that reaches all residents in an area to be treated.

(4) Instruct the applicant to provide notification of the public hearing, as follows:

a. By written notification sent by registered mail, 14 days prior to the date of the public hearing to:

1. Registered beekeepers, pursuant to Agr 1805.01, in the area to be treated;

2. Appropriate town officials, including town managers, selectmen and town administrators;

3. Public health officials, both the local town or city health officer and the state public health official;

4. All property owners, or a spokesman thereof in the case of condominiums, apartments or similar type dwellings, immediately adjacent to treatment area; and

5. All property owners living within the treatment area; and

(5) Inform the applicant of the requirement to submit in writing to the division at least 7 days prior to the public hearing, a statement attesting that the applicant has complied with Pes 506.04(b)(3)(4); and

(c) The public hearing notice shall contain the following information:

(1) A reference to the rules, Pes 506.04(a) and Pes 602.06, providing authority and procedures for conduct of a hearing;

(2) A statement that the purpose of the hearing is to provide the public an opportunity to present testimony that is directly related to the proposed spray project described in the special permit application;

(3) The time, date and place of the hearing and manner in which views may be submitted for consideration by the division;

(4) The place and time where relevant material may be examined and the name, address and telephone number of the person from whom further information may be obtained; and

(5) A description of the proposed treatment including the:

a. Location of area to be treated and areas likely to be affected;

b. Name and EPA registration number of pesticides to be used;

c. Name and address of applicant and agent; and

d. Proposed date of treatment.

N.H. Admin. Code § Pes 506.04

#2666, eff 4-3-84; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #6834, eff 8-26-98; ss by #8131, eff 8-13-04

Ss by #10333, eff 5/10/2013.