control browntail moths in coastal areas

This section applies to the application of pesticides to control browntail moths in coastal areas.__For the purposes of this section, "coastal areas" means land in Cumberland, Sagadahoc and York counties abutting coastal waters as defined in Title 12, section 6001, subsection 6, except that coastal areas extend inland up rivers and streams only as far as the first bridge.

1.__Prohibition on application of pesticides.__A person may not apply a pesticide to control browntail moths on shade or ornamental trees within 50 feet of the mean high water mark in coastal areas.

2.__Restrictions on applications between 50 and 250 feet of mean high water mark.__A person may not apply a pesticide to control browntail moths on shade or ornamental trees in coastal areas located between 50 and 250 feet from the mean high water mark except in accordance with this subsection.

A.__Only products with the active ingredients diflubenzuron, permethrin, tau-fluvalinate or cyfluthrin may be applied.

B.__Applications may be performed only with a hydraulic hand-held spray gun.

C.__Applications may be performed only in a manner in which the applicator directs the spray away from marine waters.

D.__Applications may not be made when the wind is blowing toward marine waters.

3.__Notification and submission of records.__A commercial applicator, as defined in section 1471-C, subsection 5, shall notify the Board of Pesticides Control within the Department of Agriculture, Food and Rural Resources in advance of dates planned for spraying pesticides to control browntail moths in coastal areas.__Upon request of the board, a commercial applicator shall submit spray records for such applications.

4.__Exemption.__The prohibitions and restrictions in this section do not apply to biological pesticides or to the injection

of pesticides directly into the soil or into shade and ornamental trees.

5.__Repeal.__This section is repealed March 31, 2007.