[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.]
Harbor pollution control — See Ch. 132.
[Adopted 9-26-1979 as Ch. XII of the 1979 Regulations]
Exemptions from this regulation:
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.
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:
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.
The permit application must indicate the following minimum data:
The name and address of the property owner.
Area involved, in square feet.
Trade name, generic name and manufacturer's name of the pesticide involved.
Purpose for the use of said pesticide.
Total quantity by weight (or volume if liquid) of the pesticide to be used.
Concentration (percentage of active ingredients in the pesticide as purchased).
The proposed dilution, if any, of the purchased pesticide planned in actual use and the dilution media (e.g., water, kerosene, inert mineral filler).
Method of proposed application (e.g., spraying, fogging, broadcasting).
Proposed frequency or interval between applications contemplated.
Time of year, weather conditions or other proposed climatic limitations of the application.
Prohibited pesticides. Except for the exemptions cited in Subsection A(1) the use of the following pesticides shall be prohibited:
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).
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.
Exemptions from this regulation:
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.
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.
Chemical fertilizers and compounds.
The following chemical fertilizers, compounds and agricultural amendments shall be deemed to comprise this class:
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.
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.
Chemical fertilizers containing any pesticides cited as prohibited in the previous regulatory section, § 483-1, Pesticide applications.
Rock phosphates assaying or containing over 10 parts per million of arsenic, cadmium or other equally toxic metals.
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.