N.H. Admin. Code § Pes 506.05

Current through Register No. 2, January 9, 2025

Section Pes 506.05 - Decisions by the Division

(a) Every decision by the division shall be in writing and shall include reasons for the decision, and a copy of the decision shall be delivered by registered mail to the applicant.

(b) Decisions of the division to issue or deny a request for a special permit shall be based on an assessment of the following:

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

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

(3) Whether the proposed application of pesticides complies with the provisions of Pes 300 - Pes 1100;

(4) The proximity of wells, water supplies, other surface waters, marshlands and similar sensitive areas to the treatment area and whether the protective measures in the proposal are adequate;

(5) The characteristics, toxicity, and hazards of the pesticide to be utilized and the measures proposed to minimize any adverse effects;

(6) A review and consideration of the pesticide application equipment and its adequacy for the proposed application;

(7) The considerations that have been given, and provisions made by the applicant to address or meet the concerns of persons, who, by virtue of land use or property ownership within 1320 feet of the treatment area, may have a direct and irrefutable interest in the proposed treatment;

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

a. Recreational purposes;

b. A source of drinking water; or

c. The production of agricultural crops; and

(9) The recommendations of other affected agencies as specified in Pes 506.01(a).

(c) After considering the special permit request and the criteria in (b) above, if the division determines that the proposal could be executed with minimal risk to human health and the environment, a special permit shall be issued.

(d) Special permits shall be issued within 90 days of receipt of the special permit application, in writing, and state the terms and conditions under which the approval was granted.

(e) The division shall stipulate restrictions or provisions on the special permit if it is determined that such restrictions are needed to protect persons and the environment from pesticide exposure and contamination, after considering Pes 506.05(b) and the following factors:

(1) A determination of the extent and type of notification needed to adequately inform those persons who might be involved with, or affected by the treatment, or the spray operation;

(2) An assessment of the area surrounding the target areas as to activity and situations where a buffer zone should be imposed for protection from contamination, taking into consideration such things as structures, animal feeding and watering tanks, pasturage for animals, adjacent property lines, depressions or runoff areas, and surface waters;

(3) An assessment of the potential use by visitors for such activities as berry picking, picnicking, hiking, camping, and measures that should be taken to protect persons from any adverse effects;

(4) The choice of pesticide proposed to be used and whether the characteristics and property of the material renders it suitable for the proposed use; and

(5) The adequacy of ground to air communications and communications between those overseeing the spray operations.

N.H. Admin. Code § Pes 506.05

#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.