Sec.22a-66-7. Aircraft application

(a) Application for a permit to apply pesticides or fertilizers from the air shall be made on forms furnished by the Commissioner and the applicant shall furnish all information required by the Commissioner.

(b) No pesticide may be applied from the air to a tract of land less than 10 acres in size unless the tract of land to be treated is part of a larger parcel of land that is at least 10 acres in size. All aerial applications must have the prior inspection and approval required by Section 22a-54 (e) of the General Statutes.

(c) No pesticidal dust may be applied within 100 feet of a public highway.

(d) Repealed, December 22, 1982.

(e) No pesticide shall be applied from the air for agricultural purposes within 200 feet of a watercourse, pond or lake.

(f) Congested areas shall be considered those areas zoned ½ acre or less, or municipally or privately owned public parks, public playgrounds, and public swimming areas.

(g)

(1) For the aerial application of pesticides and fertilizers other than Bacillus thuringiensis (B.t.), a written release is necessary from any landowner or resident whose property is under the spray pattern of the aerial application or subject to drift from such an application. The area subject to drift will be considered to be a minimum of 200 feet from the flight path of a helicopter and 300 feet from the flight path of a fixed-wing aircraft.

(2)

(A) An applicant for a permit for aerial application of Bacillus thuringiensis (B.t.) must notify each landowner or resident whose property is under the spray pattern of an aerial application or subject to drift from such an application at least 31 days prior to the proposed date of spraying. The area subject to drift will be considered to be a minimum of 200 feet from the flight path of a helicopter and 300 feet from the flight path of a fixed-wing aircraft.

(B) Such notice shall be in writing and shall state:

(i) the proposed date or dates on which spraying is to occur;

(ii) the name of the pesticide to be sprayed;

(iii) the name of the permit applicant;

(iv) the name of the applicator, if known;

(v) in what manner, to whom and at what address the landowner or resident is to object to such spraying if he or she desires;

(vi) the time limit within which he or she must object; and

(vii) that if no objection is made, the area will be sprayed.

(C) After receiving notice, a landowner or resident may waive his or her right to object by signing a written release. If all landowners or residents in an area waive their right to object, that area may be sprayed prior to expiration of the objection period, provided, however, that the information specified in subparagraph (E) is forwarded to the commissioner, and a permit is obtained.

(D) Bacillus thuringiensis (B.t.) shall not be applied from the air if a landowner or resident whose property is under the spray pattern or subject to drift from the application objects, in writing, to the permit application within 30 days of the date notification was received.

(E) At the end of the objection period, the permit applicant shall forward to the commissioner (i) all objections received; (ii) a list of those landowners or residents who have consented, those who have objected, and those who have not responded; and (iii) proof that all landowners or residents have received written notice. Acceptable proof may include receipts of certified mail delivery or signatures secured at time of delivery.

(h) In accordance with subsection (e) of Section 22a-54 of the General Statutes, a fee shall be submitted with each application filed under this section according to the following schedule:

(1) Permitted area 10 to 49 acres, $30.00.

(2) Permitted area 50 to 149 acres, $150.00.

(3) Permitted area 150 acres or larger, $300.00.

Any application submitted without the proper fee shall be considered incomplete, and shall not be processed.

(i) Payment of fees under this section shall be by certified check, money order or personal check payable to the Department of Environmental Protection.

(j) Fees paid under this section shall be nonrefundable.

(Effective July 13, 1993)