4/10/1989 BOARD OF HEALTH Minutes

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Toftm of C ashpee BOARD OF HEALTH P.O. BOX 1108 MASHPEE. MA 02849 .eye r 477-1777 LEGAL NOTICE PESTICIDE/HERBICIDE SPRAYING REGULATION The Mashpee Board of Health , under the authority granted by Section 31 , Chapter 111 , of the Massachusetts General Laws, hereby adopts the following regulation: PURPOSE: The spraying of pesticides and herbicides presents a potential hazard to the public health. It is the intent of the Board of Health to pro- tect the surface and groundwaters within the Town of Mashpee. DEFINITIONS: An herbicide is defined as any substance or combination of substances inten e or use as a plant regulator, defoliant or decissant. A pesticide is defined as any substance or combination of substances intended tor use as a control of insects, rodents or other pests and includes fungicides and germicides. ( 1 ) The spraying of pesticides/herbicides along easements, rights of way, power lines and on Town property is prohibited unless written approval for such application is granted by the Board of Health in accordance with the provisions of paragraph (2) hereof. (2) All applicants desiring to spray pesticides/herbicides in areas covered under paragraph ( 1 ) shall submit to the Board of Health an application for approval. This application shall include a map of the area proposed for treatment, indi- cating distances to private and public wells, wetlands, watercourses, dwellings and property lines within 400 feet. (3) The spraying of pesticides/herbicides within 400 feet of any public or non- community public well is prohibited. (4) The spraying of pesticides/herbicides within 100 feet of any private well is prohibited unless written permission from the affected well owners is granted and written proof thereof is received in advance at the Board of Health. (5) The spraying of pesticides/herbicides within 100 feet of any wetland,stream, pond or other watercourse is prohibited unless written permission is granted by the Conservation Commission and proof thereof is received in advance at the Board of Health. (6) The spraying of herbicides/pesticides within 100 feet of any dwelling, barn or other habitable structure is prohibited unless written permission is and or tenant(s) androof thereof is re- ceived granted by the affected owner(s) ceived in advance at the Board of Health. (7) There shall be no spraying of pesticides/herbicides if the wind velocity exceeds five knots as measured on-site by an anemometer. The applicator shall test the wind velocity hourly while spraying. (8) Easily visible warning signs, indicating the potentially hazardous effects of the chemicals applied shall be posted every fifty (50) feet along the border of the area treated. These signs shall remain in place for a minimum of four days.