§ 15.75.060. Notice of application by commercial applicators.  


Latest version.
  • A.

    A person who engages in the business of applying pesticides or broadcast chemicals shall give written notice as provided by this chapter every time they plan to apply by spraying a pesticide or broadcast chemical out of doors. School use and notification shall be exempt for this chapter and meet all requirements of State of Alaska regulations 18 AAC 90.625.

    B.

    Unless otherwise provided for in this section, notice must be given at least 48 hours before application and not more than 120 hours before application. Notices posted on a treated property shall be situated so as to remain in place for at least 48 hours following pesticide or broadcast chemical spraying.

    C.

    The person shall post one or more copies of the notice on the property to be sprayed and provide at least one copy of the notice to each residential and commercial building located on the property which is contiguous or adjacent to the treated property. For the purposes of this section contiguous shall refer to those properties having a common boundary or edge. Adjacent shall refer to properties near or close but not necessarily touching (properties separated by a residential street, residential alley or a stream).

    D.

    Prior notice shall not be required if the pesticide or broadcast chemicals will be sprayed only on the exterior surface of a structure greater than 30 feet from a contiguous or adjacent property boundary and to the ground within three horizontal feet of the structure being treated. Regardless of distance, a notice shall be posted on the property where the spraying is to occur immediately prior to spraying and shall remain in place for at least 48 hours following spraying.

    E.

    Notice for any multi-unit dwellings or multi-tenant commercial properties:

    Notwithstanding other provisions of the section, if the spraying service is procured by other than the tenants or occupants of a single unit office or dwelling, notice as specified shall be provided 48 hours and not more than 120 hours prior to spraying to all tenants and/or occupants. The owner of the property retains the responsibility for providing such notice. The commercial operator shall provide copies of the required notice to the owner or manager in sufficient time as to reasonably allow for copying/distribution prior to the required 48 hours' notice period.

    F.

    Notice need not be provided nor posted for:

    1.

    For use of single application aerosol cans against biting or stinging insects when applied according to label directions; or

    2.

    For insect or rodent baits in tamper-resistant containers; or

    3.

    For antimicrobial pesticides being used in commercial food establishments and drinking water wells; or

    4.

    In emergency situations; or

    5.

    If application is being made to a specific area on a property, and no property boundary is within one-hundred fifty (150) feet of that area.

    G.

    The person must distribute notices in a manner which is reasonably calculated to provide actual notice of pesticide or broadcast chemical spraying.

    H.

    The notice shall include a large font header "pesticide application" and be at least eight and one-half inches by 11 inches. It shall include the trade name of each pesticide or broadcast chemical; the active ingredient(s) in each pesticide or broadcast chemical; the signal word if one exists; the exact date and approximate time that the pesticide or broadcast chemical is planned to be or will be applied; the area to be treated; the rate, mode and concentration of application; the manufacturer's recommended re-entry time; the name, address, and telephone number of the permit holder and indication that the permit holder is the person from whom copies of the Material Safety Data Sheet (MSDS) may be obtained; a warning that the pesticide or broadcast chemical is or may be harmful; a statement of recommended precautions; and the statement "If you have concerns, please contact your health care provider". Legibility of posted notices shall be assured for at least 48 hours after application of pesticide or broadcast chemical. The department shall provide samples of such notices and substantial compliance with such notices shall constitute compliance with this chapter.

    I.

    The required notices provided to residents and commercial establishments prior to spraying or application may be in the form of door-hangers, a mailing, or other methods that convey the same information and are approved by the department.

(GAAB 16.75.120; AO No. 85-8; AO No. 86-112; AO No. 2004-100(S-1), § 4, 1-1-05; AO No. 2005-38(S-3), § 3, 5-17-05)