W. Va. Code R. § 61-12D-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 61-12D-3 - Prior Notification

3.1. Persons intending to aerially apply herbicides on utility rights-of-way, except on rights-of-way specifically excepted by laws held by the Attorney General of West Virginia to be preemptory, shall notify to the following persons, in writing at least 60 days and no more that 120 days prior to the anticipated beginning of the aerial spray program: the commissioner of the West Virginia Department of Agriculture, all news media within the counties where the aerial herbicide application program is to be conducted, all persons in the spray area on the hypersensitivity registry maintained by the West Virginia Department of Agriculture; and all property owners, tenants or other persons in control of land adjacent to the rights-of-way, who have made a written request to the utility for special advance notification. A written request for special advance notification shall include the name, mailing address, property location and telephone number, if any, of the person making the request.

3.1.a. The notice shall include, but is not limited to:

3.1.a.A. a description of the area(s) to be aerial sprayed;

3.1.a.B. a toll-free telephone number and an address of a utility office to which people can call or write to alert the utility to sensitive areas - including, but not limited to springs, wells, streams, lakes, ponds, orchards, crop areas, gardens, pastures, meadows, year around dwellings, public recreation areas, and Christmas tree plantations. A caller should, whenever possible, reference the location they are calling about to pole or tower numbers on the rights-of-way;

3.1.a.C. information describing how a land owner or tenant can enter into a rights-of-way maintenance agreement with the utility;

3.1.a.D. the location of a county or area office of the utility where individuals can inspect maps showing the location of rights-of-way that are to be sprayed;

3.1.a.E. the herbicides to be used in the project; and

3.1.a.F. the procedures to be followed in lodging a complaint with either the utility or with the West Virginia Department of Agriculture.

3.1.b. The utility shall, on a weekly basis, provide the contemplated aerial spray program for the following week to the commissioner of the West Virginia Department of Agriculture and to a radio or TV station serving each county in which the aerial application of herbicides is planned. The utility shall make the initial notice each year on each of two weeks immediately proceeding the proposed beginning of the aerial herbicide spray program.

W. Va. Code R. § 61-12D-3