[HISTORY: Adopted by the Board of Health
of the Town of Fairhaven as follows: Part 1, 9-26-1979 as Ch. XII of the 1979 Regulations.
Amendments noted where applicable.]
GENERAL REFERENCES
Harbor pollution control — See Ch. 132.
[Adopted 9-26-1979 as Ch. XII of the 1979 Regulations]
A.
Exemptions from this regulation:
(1)
Minor amounts commonly in quantities of one pound
dry weight or one gallon liquid measure or less of pesticides approved
by Federal Drug Administration, Environmental Protection Agency or
the Department of Health, Education and Welfare and sold at retail
may be used inside a residence, business or agricultural buildings,
accessory buildings or within 100 feet of such buildings.
B.
Pesticide permit procedure. All other pesticide applications
(not exempted in the preceding subsection) shall require a special
permit issued by the Board of Health, said permit to be obtained prior
to the proposed pesticide application. The minimum conditions for
the issuance of such special permit shall be as follows:
(1)
Permit application must be filed on behalf of the
property owner by a pesticide operator licensed by the commonwealth,
and actual application must be by such licensed operator.
(2)
The permit application must indicate the following
minimum data:
(a)
The name and address of the property owner.
(b)
Area involved, in square feet.
(c)
Trade name, generic name and manufacturer's
name of the pesticide involved.
(d)
Purpose for the use of said pesticide.
(e)
Total quantity by weight (or volume if liquid)
of the pesticide to be used.
(f)
Concentration (percentage of active ingredients
in the pesticide as purchased).
(g)
The proposed dilution, if any, of the purchased
pesticide planned in actual use and the dilution media (e.g., water,
kerosene, inert mineral filler).
(h)
Method of proposed application (e.g., spraying,
fogging, broadcasting).
(i)
Proposed frequency or interval between applications
contemplated.
(j)
Time of year, weather conditions or other proposed
climatic limitations of the application.
C.
Prohibited pesticides. Except for the exemptions cited in Subsection A(1) the use of the following pesticides shall be prohibited:
(3)
Toxic metal pesticides: compounds containing mercury,
arsenic, antimony, cadmium, silver, lead, selenium or other metal
complexes of equal toxicity to humans and animals (e.g., sodium arsenite,
lead arsenate, ethyl mercuric chloride, PMA, Panogen, Ceresan M, MSMA,
MAMA and chemically similar compounds).
(4)
Miscellaneous pesticides: chlorophenols (e.g., 2, 4-D, pentachlorophenol, 2, 4, 5-T); cyanides, carbomates with a half life in soil exceeding 10 days; sulfur chloride or its derivatives and any pesticide of whatever chemical composition which possesses equal toxicity to any of the previously enumerated pesticides in this entire § 483-1, Pesticide applications." In judging the equal toxicity or hazard of any proposed pesticide not specifically enumerated, the equivalency shall be based on the hazard potential profile as cited in the Hazardous Substances Rules of the Environmental Protection Agency, Federal Register, Tuesday, December 30, 1975.
A.
Exemptions from this regulation:
(1)
Natural organic fertilizers, compost, agricultural
lime, animal or fowl manure; approved domestic sewage sludge (containing
no industrial wastes) from a municipal wastewater secondary treatment
plant (e.g. Fairhaven Waste Water Treatment Plant) may be applied
for agricultural purposes within 100 feet of the associated wetlands
of the Nasketucket River Basin System.
(2)
Animal and fowl manure incidental to keeping or pasturage
of animals or fowls may be permitted within 50 feet of the associated
wetlands of the Nasketucket River Basin System.
B.
Chemical fertilizers and compounds.
(1)
The following chemical fertilizers, compounds and
agricultural amendments shall be deemed to comprise this class:
(a)
All synthetic chemical fertilizers in general,
containing over five parts per million of cadmium or other toxic metals,
and the total of all such toxicants shall not exceed 10 parts per
million.
(b)
Sewage plant fertilizers containing industrial
effluents with over five parts per million of cadmium or other toxic
metals, or over five parts per million of cyanide, arsenic or equally
hazardous contaminants, and the total of all toxicants shall not exceed
10 parts per million.
(c)
Chemical fertilizers containing any pesticides cited as prohibited in the previous regulatory section, § 483-1, Pesticide applications.
(d)
Rock phosphates assaying or containing over
10 parts per million of arsenic, cadmium or other equally toxic metals.
(2)
A special permit may be granted by the Board of Health
to use a chemical fertilizer within 100 feet of the associated wetlands
of the Nasketucket River Basin system if the proposed fertilizer is
analyzed by and certified by a qualified chemical laboratory to contain
less than five parts per million of each or all the following materials:
arsenic, lead, mercury, fluoride, selenium, hexavalent, chromium,
cadmium, silver, cyanide or prohibited pesticide and not more than
10 parts per million of all such toxicants in total.
