W. Va. Code R. § 61-12D-4

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

Section 61-12D-4 - Procedural Prohibitions and Restrictions

4.1. The aerial application of herbicides is prohibited when:

4.1.a. the wind velocity in the local area exceeds five (5) miles per hour;

4.1.b. the spray may come into contact with fog banks;

4.1.c. there are periods of temperature inversion and air stagnation;

4.1.d. the air temperature exceeds 90 degrees Fahrenheit - except that the application of herbicides containing low-volative amines and chemicals whose volatility is known to not be a problem will not be prohibited at temperatures above 90 degrees Fahrenheit;

4.1.e. it is raining or reasonably apparent that it will rain within two hours; or

4.1.f. the distance between the transmission line(s) at maximum design sag and the ground is greater than 100 feet.

4.2. Before herbicides are applied, the applicator shall fly a reconnaissance flight over the area to be sprayed and shall not apply herbicides if humans or domestic animals are visible in areas subject to the intended application of herbicides.

4.3. The applicator for the utility shall not apply herbicides to any body of water during aerial spraying of rights-of-way to control woody vegetation.

W. Va. Code R. § 61-12D-4