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HomeMy WebLinkAboutPesticide Exclusion Info I eD2lttinD7l wealth of;M40o bugetto 1 State Reclamation Board a r � NORTHEAST MASSACHUSETTS MOSQUITO CONTROL ON AND WETLANDS MANAGEMENT DISTRICT Jack A. Card,Jr. 261 Northern Boulevard, Plum Island Commissioners Director Newburyport, MA 01950 William Mehaffey,Jr. www.nottheastmassmosquito.com John W.Morris,CHO Operations Manager Telephone: 978.463.6630 Chairman Emily DW Sullivan Vincent J.Russo,MD,MPH Wetlands Project Coordinator Fax: 978.463.6631 Vice Chairman Joseph T. Giarrusso, Esteban L. Cuebas-Incle,PhD Joseph Officer Entomologist Robyn A.Januszewski Paul Sevigny,RS,CHO Biologist To: Eagle Tribune Publishing From: Jack A. Card Jr. Director Date 11-15-13 Subject: Press Release Please include The following Press Release in the next edition of all Essex County Newspapers. Should you require further information,please contact me at(978)463-6630. PRESS RELEASE PESTICIDE EXCLUSION INFORMATION for the NORTHEAST MASSACHUSETTS MOSQUITO CONTROL AND WETLANDS MANAGEMENT DISTRICT Northeast Massachusetts Mosquito Control and Wetlands Management District is providing the following information regarding The Pesticide Exclusion Program. This program was implemented to allow land owners to exclude their property from public area-wide application of pesticides (see 333 CMR 13.03 —Exclusions for Application) This reads in part: Designations for exclusions may be made by supplying the clerk of the municipality in which such lands lie with a certified letter providing the name, address and telephone number, names of all abutters and the types of pesticide programs from which exclusion is requested. The desires of the owner of the property will take precedence over those of a tenant according to 333 CMR 13:00. Designations must be made prior to March 1 of each year and shall be effective from April 1 of that year to March 31 of the following year. (333 CMR 13.03, paragraphs l b & 1 c) The full text of this regulation may be found on the internet at: http://www.lawlib.state.ma.us/source/mass/cmr/333cmr.html Please feel free to contact our office if you have any questions, and please access our website at www.northeastmassmosgt►ito.com for more information on the Northeast Massachusetts Mosquito Control and Wetlands Management District. Our telephone number is 978-463- 6630. Committed to a partnership of the principles of mosquito control and wetlands management 13.03: Exclusions from Pesticide Application (1) General. (a) Wide Area Applications of pesticides and mosquito control applications of pesticides approved by the State Reclamation and Mosquito Control Board shall not be made to private property which has been designated for exclusion from such application by a person living on or legally in control of said property. (b) Designation for exclusion from Wide Area Applications of pesticides and mosquito control applications of pesticides approved by the State Reclamation and Mosquito Control Board may be made by supplying the clerk of the municipality in which such lands lie with a certified letter providing the name, address, and telephone number(if any) of the person requesting the exclusion, the address of the property to be excluded, and a description of the types of pesticide application programs for which exclusion is requested. (c) Designation for exclusion may be made prior to March 1St of each year and shall be effective from April I St of that year through March 31 m of the following year. (d)A designation for exclusion made by a tenant shall not be deemed to limit the right of the landlord to apply, or authorize the application of, pesticides to that land if by the express or implied terms of the written or oral rental agreement the owner retains the right to apply or authorize the application of such pesticides. (e) 333 CMR 13.03 shall not be deemed to limit the right of an easement holder to apply pesticides to land which is subject to the easement if the easement expressly or implicitly includes the right to apply pesticides. (f) A designation for exclusion made by a joint owner, tenant in common, or owner of a condominium unit shall not be deemed to limit the right of any other joint owner, tenant in common, condominium unit owner or condominium association to apply or authorize the application of pesticides to land if by the express or implied terms of the deed, condominium agreement or other agreement governing such land such other joint owner, tenant in common, condominium unit owner or condominium association retains the right to apply or authorize the application of such pesticides. (2)Marking Areas for Exclusion. All areas designated for exclusion from Wide Area Applications of pesticides and mosquito control applications of pesticides approved by the State Reclamation and Mosquito Control Board shall be marked as follows: (a)Applications by Aircraft. The person requesting exclusion shall clearly mark boundaries or areas to be excluded with helium filled balloons or other marking methods previously approved by the Department. Such balloons or other marking materials shall be provided by the Contracting Entity. The Contracting Entity shall appropriately mark the excluded areas on the maps required under 333 CMR 13.04(5) and on maps used by the pilots who shall be alerted by the Contracting Entity of the markings delineating the 1 excluded area. (b) Ground Applications. The person requesting exclusion shall mark the boundaries or areas to be excluded at least every 50 feet with orange surveyor's tape or another Department-approved marking device which clearly defines the area of exclusion. These markings shall be made known to the Contracting Entity, who shall be responsible for communicating the details of their marking to those who will carry out the application. (3) Requests for exclusion shall not be honored in those cases in which: (a) The Commissioner of Public Health has certified that the application is to be made to protect the Public Health; (b) The Commissioner of the Department of Conservation and Recreation has certified that the application is necessary to contain an infestation of a recently introduced pest; or (c) The Commissioner of the Department of Agricultural Resources has certified that the application is necessary to contain an infestation of a pest which is a significant threat to agriculture.