Section 18.90.630. Public notification and posting of pesticide applications to public places.

	(a)  A person may not apply a pesticide in a public place without first posting a written notice on the application site.  The notice  
		(1) must be conspicuously posted at each point of customary access to each public place or each portion of each public place requiring a written notice;  
		(2) must be at least 8 1/2 x 11 inches and be reasonably designed to remain legible for the longest of the following time periods:  
			(A) at least 24 hours after the application;  
			(B) the period until, according to the product label, entering the application site will be safe;  
		(3) if posted outdoors and not on a structure, must be posted at least 12 inches above ground level;  
		(4) if posted indoors or on a structure, must be  
			(A) posted no less than three and no more than four feet above floor level; and  
			(B) attached so as to remain in place;  
		(5) must be posted immediately before the pesticide application begins and remain in place for the longest of the time periods set out in (2)(A) and (B) of this subsection; and  
		(6) must contain the following wording, in substantially the following format, along with the date and time of the application, the name, address, and telephone number of the contact person, and the time at which the pesticide will be dry, or if entering the application site is not yet safe when the pesticide is dry, the time when, according to the label, entering the site will be safe:  
CLICK TO VIEW  SEAL
	(b)  Before beginning the application, the applicator or the applicator's agent shall make available to the contact person a written statement containing  
		(1) the name, address, and telephone number of the applicator, or of the applicator's employer;  
		(2) the common or trade name, EPA registration number, amount used, and target pests treated for each pesticide applied;  
		(3) adjuvants used, if any; and  
		(4) any post-application re-entry precautions, including at a minimum those contained on the label.  
	(c)  The contact person shall make the statement required under (b) of this section available to a person upon request.  
	(d)  The following pesticide applications are not subject to the notification or posting requirements of this section:  
		(1) applications of antimicrobial pesticides;  
		(2) applications of rodenticides in tamper-resistant bait stations;  
		(3) applications of silica gels and other ready-to-use pastes, foams, or gels.  
	(e)  The contact person may authorize an immediate pesticide treatment without prior posting or notification if the contact person determines that an emergency exists.  An emergency is an immediate and unanticipated threat to the health and safety of humans or the environment at the public place.  An emergency does not exempt the applicator or the applicator's agent from the requirements of (b) of this section, or the contact person from the requirements of (c) and (f) of this section.  
	(f)  The contact person shall keep accurate written records of all pesticide applications that are subject to the posting and notification requirements of this section.  Those written records must  
		(1) contain all the information required under (b) of this section;  
		(2) be kept for at least two years; and  
		(3) be made available to the department or to any person directly affected by the application upon request during the two-year period.   

Authorities

46.03.010;46.03.020;46.03.320;46.03.330;46.03.730

Notes

Reference

18 AAC 90.640

Authority

AS 46.03.010 AS 46.03.020 AS 46.03.320 AS 46.03.330 AS 46.03.730

History

Eff. 9/30/2007, Register 183