N.H. Admin. Code § Pes 603.03

Current through Register No. 2, January 9, 2025

Section Pes 603.03 - Conditions for Granting "Special Permits."

(a) "The New Hampshire Environmental Laboratory Accreditation Program (NH ELAP)" means a program that provides accreditation to environmental laboratories as provided for in RSA 485:44, to ensure that such laboratories provide sufficiently accurate, precise, and consistent results of tests, analyses, and measurements.

(b) Special permits shall be issued, in writing, and shall state the terms and conditions under which the division granted approval.

(c) The pesticide applicator identified within a special permit shall comply with the following:

(1) The applicator shall provide notice of the treatment to the following:

a. All owners of property abutting the area to be treated;

b. All persons utilizing the waters for domestic purposes; and

c. All local public health officials;

(2) Notification pursuant to (1) above shall be by one or more of the following methods:

a. Registered mail, return receipt requested;

b Certified mail, return receipt requested;

c. Electronic mail with an electronically verified return signature; or

d. Fax, with a return verification signature;

(3) Notification pursuant to Pes 603.03(c)(1) shall be posted, if by mail or transmitted, if by electronic mail or fax, at least 14 days prior to the treatment date;

(4) The applicator shall include in the notification in Pes 603.03(c)(1), (8), (18), and (19), the following information:

a. The name of the product;

b. The common chemical name of the active ingredient;

c. The EPA registration number;

d. All the warnings on the label of the product to be applied; and

e. All restrictions on the use of the waters;

(5) In the event the notice of treatment under Pes 603.03(c)(1) is undeliverable, the applicator or the applicator's representative shall hand deliver the notice directly to the property site(s) in the affected area(s) owned or occupied by such persons who did not receive notification, or in the case of failure to reach a public health official, to the local public health office, as applicable;

(6) If no person is available to receive this notice, then the notice shall be left in a conspicuous location;

(7) The applicator shall submit a signed statement attesting to fulfillment of the requirements pursuant to Pes 603.03(c)(1) to the division prior to the treatment date;

(8) The applicator shall publish notice of the treatment date in at least one newspaper of general circulation in the area to be treated at least once per week for 2 weeks preceding the treatment date to provide the general public with knowledge of the treatment;

(9) All waters treated with pesticides shall be posted with signs displaying the restrictions for water usage as they appear upon the labeling of the pesticide to be used according to procedures described in (10) below;

(10) The applicator shall post the shoreline adjacent to the treatment area with signs warning the general public that the area has been treated, as follows:

a. Signs shall be at least 8 x 10 inches, and be made of weather resistant materials with black letters on a yellow background;

b. The signs shall be posted at least every 100 feet;

c. Signs shall be in place from the beginning of the pesticide treatment process until the end of any restricted entry or use periods stipulated in the special permit, or, where not so specified, the restrictions specified on the pesticide label(s);

d. Signs shall include at a minimum the following information:

1. The treatment date(s);

2. The trade name(s) and common chemical name(s) of the pesticide(s) used;

3. All water use restrictions including recreational, domestic, potable, irrigation and agricultural uses, and the length of time the restrictions are to remain in effect; and

4. The name, address and telephone number of a contact person from whom additional information may be sought; and

e. The posting of signs shall not be required along undeveloped shoreline where there are no known commonly used access points.

(11) If the division, or the applicator, after consideration of the criteria set forth in Pes 603.02(a), determines that the period of posting water use restrictions pursuant to (9) above should be extended in order to protect human health and the environment, the posting period shall be extended;

(12) The extended posting period under (11) above shall be determined prior to the issuance of a special permit;

(13) No treatment of surface waters shall occur if water contaminated or affected by the treatment might adversely affect industrial processes that utilize that water, unless written permission is obtained from the affected industry or industries;

(14) The applicator shall provide prior written notification to appropriate town health officials and to the New Hampshire department of health and human services of the specific date(s) of treatment(s);

(15) The applicator shall provide prior written notification to the New Hampshire fish and game department of the specific date(s) of treatment(s);

(16) The applicator shall notify the division of a pending treatment as follows:

a. Notification shall be made at least 48 hours prior to the time of treatment by appropriate means, such as phone, fax, or electronic mail; and

b. Prior to commencement of treatment, the applicator shall provide a signed statement attesting to the fact that all pre-treatment requirements of the special permit have been met;

(17) In cases of postponement of treatment of 14 days or less from the proposed date of treatment, the applicator shall hand deliver notice to all abutters, affected property owners with intakes and properties containing wells with use restrictions under the permit;

(18) Notices given under (17) above shall specify the actual date of treatment and contain all of the information specified under Pes 603.03(c)(4);

(19) In cases of postponement of treatment of more than 14 days from the proposed date of treatment, the applicator shall provide notification of the new date, as required in Pes 603.03(c)(1), (3), (4), (5), (6), (7), (8), (14), (15), and (16);

(20) As practicable, the applicator shall notify other persons or entities who might not be located in the treatment area but might be affected by the treatment;

(21) The applicator or client shall perform at least one follow-up inspection within 21 days of the treatment for the purpose of determining any adverse effects;

(22) If the applicator or client becomes aware of any adverse impact, he or she shall report verbally within 24 hours and in writing within 5 days to the division of pesticide control;

(23) Any written report submitted under Pes 603.03(c)(22) shall contain the following information:

a. The amount of pesticides applied and in what areas;

b. Any adverse effects, including illnesses, off-target problems, and situations of non-notification where persons on abutter lists or lists of well owners were not notified;

c. Dates of follow-up inspections and details of how the inspections were conducted;

d. Arrangements made by the applicator, client, or both for testing to determine any alteration in water quality; and

e. The name(s) and address(es) of any persons who have filed comments;

(24) The applicator shall arrange for the taking and analysis of a minimum of 2 samples with analysis conducted by a NH ELAP accredited laboratory, or as specified upon the pesticide label, according to the following provisions:

a. The laboratory, the spokesperson from the laboratory, and the individual who will be taking the samples shall be named in the special permit request;

b. The individual taking the samples shall have one of the following qualifications:

1. Experience of conducting water sampling on behalf of a laboratory accredited by the New Hampshire Environmental Laboratory Accreditation Program;

2. Experience as a volunteer water quality monitor trained by an entity such as the New Hampshire department of environmental services or the university of New Hampshire;

3. Water sampling experience; or

4. Water sampling training;

c. The number and timing of sampling shall be determined by considerations listed in Pes 603.02(a) and label restriction intervals and shall be specified in the special permit;

d. Samples shall be taken from locations specified in the special permit or, if the special permit does not specify locations, from within the treatment area at predetermined locations indicated on the map supporting the special permit request;

e. The laboratory shall submit copies of the official laboratory reports of analysis to the division within 60 days of taking samples;

f. The reports shall include information compiled by the laboratory spokesperson, as follows:

1. A description of the sampling method;

2. The depth at which the sample was taken;

3. A map showing the exact location of where the samples were taken;

4. Coordinates of sample location(s), expressed in latitude and longitude, as determined by a global positioning system; and

5. A statement indicating the accuracy, in feet, of the coordinates determined in 4, above;

(25) The application rate of pesticides shall not:

a. Exceed the rate specified on the label of the registered pesticide; and

b. Reach or exceed dosages capable of reducing the number of non-target aquatic organisms to a non-viable level;

(26) Herbicides and algaecides for the control of aquatic vegetation shall not be used during the months of October through April; and

(27) The applicator shall submit a written report by November 1 of the year in which the special permit was in effect, presenting detailed information of the results of the treatment with pesticides, including:

a. The effectiveness of treatment and degree of control;

b. The effects on non-targeted species of vegetation;

c. The adverse effects on other aquatic organisms;

d. An estimate of the duration of control;

e. The size of final treatment area, in acres;

f. The date of treatment(s);

g. The type and amount of product used in treatment(s); and

h. A map showing pre-treatment footprint and post-treatment extent of remaining target species as observed on the date of the post-treatment follow-up survey per (21) above.

(d) Water supply wells that are located within 50 feet of any shoreline shall be treated as surface water intakes for the purpose of meeting associated pesticide label restrictions and setbacks unless the applicant can demonstrate through hydrogeologic evaluation that the drinking water standards specified within the New Hampshire Code of Administrative Rules Env Dw 700 will not be violated as a result of the proposed treatment.

(e) The hydrogeologic evaluation mentioned in (d) above shall include, where available:

(1) Information regarding the construction, depth, water quality, geologic setting, pumping rate, and other characteristics of the well;

(2) Information from the well owner or other sources regarding the effects of changes in the lake level or the well;

(3) A review of relevant monitoring data and relevant literature regarding the susceptibility of comparable wells in comparable settings to contamination as a result of aquatic use of comparable pesticides; and

(4) A synthesis of available information with respect to the worst case and most likely impact of the proposed treatment on water quality in the well.

(f) Persons applying pesticides to surface waters containing intakes shall provide written notification to the owners of said intakes, as follows:

(1) Signs and written notification, pursuant to Pes 602.03, shall specify all applicable use restrictions; and

(2) Any signs shall remain posted for the duration of the water-use restrictions as specified on the special permit.

N.H. Admin. Code § Pes 603.03

#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; amd by #5611, eff 4-13-93; ss by #6316, eff 8-13-96; amd by #6944, eff 2-24-99; ss by #7460, eff 3-15-01; ss by #7890, eff 5-19-03; ss by #8131, eff 8-13-04; amd by #8634, eff 5-23-06; ss by #9219, eff 9-1-08

Amended by Volume XXXV Number 32, Filed August 13, 2015 , Proposed by #10875, Effective 7/8/2015, Expires7/8/2025.