Section Pes 603.02 - Division Decisions(a) 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 is consistent with the provisions described in any long-term management plan for the waterbody;(4) Whether the proposed application of pesticides complies with the provisions of Pes 100-1100;(5) The proximity of wells, water supplies, other surface waters, marshland and similar sensitive areas to the treatment area and measures considered to successfully protect such sensitive areas;(6) The characteristics, toxicity, and hazards of the pesticide to be utilized and the measures to minimize any adverse effects;(7) A review and consideration of the pesticide application equipment for appropriateness for the proposed application;(8) The considerations that have been given, and provisions made by the applicant to address or meet the concerns of dissenters of the proposal;(9) The adequacy of measures proposed to protect those persons who might use the waters for: a. Recreational purposes, including watercraft use;b. A source of drinking water; orc. Other domestic purposes including showering, washing dishes and clothes; and(10) The recommendations of other agencies with authority to regulate the area affected; and(11) The long-term management plan, if:a. The plan is included with the application pursuant to Pes 602.01; andb. The plan is a document that specifies the integrated pest management techniques that will be applied over a set period of time, as outlined in the plan, to control nuisance vegetation in a specified waterbody. (b) If after considering the special permit request and the criteria in (a) above, the division determines that the proposal could be executed with minimal risk to human health and the environment, the special permit shall be issued.(c) Every decision of the division shall be in writing and shall include reasons for the decision.N.H. Admin. Code § Pes 603.02
#1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96
New. #6316, eff 8-13-96; amd by #6944, eff 2-24-99; ss by #7460, eff 3-15-01; ss by #8131, eff 8-13-04
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10619, Effective 5/13/2014, Expires11/10/2014.Amended by Volume XXXV Number 32, Filed August 13, 2015 , Proposed by #10875, Effective 7/8/2015, Expires7/8/2025.