Section 18.90.640. Pesticide applications on state land.

	(a)  Except as provided under 18 AAC 90.500 and 18 AAC 90.505, the application of one or more pesticides on land owned or leased by an agency of the state, or on a right-of-way managed by the agency, is authorized if  
		(1) the application follows an integrated pest management plan appropriate for the pest of concern in accordance with 18 AAC 90.645, and adopted by the agency applying a pesticide;  
		(2) the integrated pest management plan is published on the department's website;  
		(3) not later than 30 days before the application, or 30 days before the first application of a multi-application project, notification has been provided by mail, return receipt requested, to owners of public water systems if the application will occur within 200 feet of the water source; in this paragraph, "public water system" has the meaning given in 18 AAC 80.1990;  
		(4) a pesticide will be applied by an applicator certified by the department;  
		(5) public notice of the application is provided in accordance with (b) of this section;  
		(6) the department is notified not later than 15 days before an application; notification is required under this paragraph before each application of a multi-application project;  
		(7) the person in charge described in 18 AAC 90.650 keeps an accurate written record of each application of each pesticide for at least two years after that use; the record must be available to the department upon request and must contain  
			(A) the information listed in 18 AAC 90.415(2); and  
			(B) a record of all notifications issued under (a)(3) and (6) and (b) of this section;  
		(8) for each pesticide applied to more than a total of 20 acres in a calendar year, the person in charge described in 18 AAC 90.650 posts a report on the agency's website that describes the complete product name, EPA registration number, quantity of mixed pesticide applied, and location of each application; and  
		(9) the department is granted access to the property at reasonable times without prior approval during pesticide applications.  
	(b)  If specific notice requirements under 18 AAC 90.625 or 18 AAC 90.630 do not apply, the agency applying a pesticide must publish two consecutive notices of the pesticide application in a newspaper of general circulation in the affected area. The notice must be completed not later than 30 days before application, or 30 days before the first application of a multi-application project, and must include  
		(1) the location of the proposed activity;  
		(2) the complete name and EPA registration number of each pesticide to be used;  
		(3) the target pest for the pesticide application;  
		(4) the method of applying each pesticide; and  
		(5) how the public can receive more information.  
	(c)  The agency may perform multiple applications of one or more pesticides during one calendar year. Before the first application of the year during a multi-application project, notice must be provided under (a)(3) and (b) of this section. The notice must also provide an approximate number of applications for the proposed project.  
	(d)  For the purposes of this section, multiple applications of one or more pesticides are considered a single public pesticide program or project if each application of each pesticide  
		(1) is intended to control the same pest or group of pests;  
		(2) is conducted in the same calendar year;  
		(3) is conducted by the same agency;  
		(4) uses only the pesticides designated in a single integrated pest management plan, and uses those pesticides at the same or a similar concentration, within 10 percent; and  
		(5) is applied using the same or a similar method.  
	(e)  The following pesticide applications on state land are not subject to the requirements of this section:  
		(1) application of antimicrobial pesticides;  
		(2) application of pesticides on a total of less than one acre of land during a calendar year; and  
		(3) application of pesticides inside buildings or structures.  

Authorities

46.03.010;46.03.020;46.03.320;46.03.330;46.03.730

Notes

Authority

AS 46.03.010 AS 46.03.020 AS 46.03.320 AS 46.03.330 AS 46.03.730

History

Eff. 3/7/2013, Register 205