New Hampshire Administrative Code

Investigation of a potential site management area by the division for purposes of obtaining information shall be initiated based on the detection of a pesticide in at least 2 samples taken at different times from a groundwater or surface water sampling point. However, an area whe…

The division shall submit an investigative report to the site management area committee which shall contain the following: (a) The division's findings on water quality, potential source areas of pesticide contamination and potential receptors of the contamination; (b) A summary o…

The site management area committee shall consist of 6 members, as follows: (a) One representative of the division of public health who is also a pesticide control board member; (b) One representative of the department of environmental services who has a background in chemistry an…

The site management area committee shall review the investigative report, make recommendations and provide advice to the division. Notes N.H. Admin. Code § Pes 1002.06 #5702, eff 9-17-93; ss by #6316, eff 8-13-96; ss by #8131, eff 8-13-04 Ss by #10333, eff 5/10/2013. Amended by N…

(a) The division shall prepare a site management plan based upon existing information. (b) Information to be considered for purposes of preparing the site management plan shall include the following: (1) Recommendations of the site management area committee after review of the di…

The site management area plan recommendations by the site management area committee shall include a determination and description of boundaries based on the following: (a) Boundaries of a site management area shall be the area where the pesticide application or use area is determ…

The site management area plan recommendations to the division shall include suggested restrictions on pesticide use or handling for the purpose of protecting groundwater and surface water including but not limited to one or more of the following: (a) Prohibitions against the use …

Notification shall be given by the division to potentially responsible parties providing the following information: (a) The intent of the division to designate a site management area; (b) Site management area plan recommendations; (c) Location of the site management area; and (d)…

(a) The division shall schedule a meeting provided the request is received within 21 days of the notice under Pes 1002.10. (b) The division shall notify the potentially responsible party(ies) 20 days prior to the meeting of the following: (1) Date of the meeting; (2) Location of …

The division, taking into consideration any information from a landowner meeting, the recommendations of the site management area committee contained in the site management area plan, and the detection of a pesticide in at least 2 samples taken at different times from a groundwat…

The division shall notify the potentially responsible parties by certified mail within 10 days of the division's designation of a site management area. Notes N.H. Admin. Code § Pes 1002.13 #5702, eff 9-17-93; ss by #6316, eff 8-13-96; ss by #8131, eff 8-13-04 Ss by #10333, eff 5/…

No pesticide applications shall be made in a site management area unless such applications comply with the provisions of the site management area plan and the applicator obtains a special permit within 60 days of the designation of the site management area. Notes N.H. Admin. Code…

(a) An applicant for a special permit for pesticide use or handling within a site management area shall supply on "Special Permit Application-Site Management Area" the following:(1) An attached copy of the site management area plan; (2) Names, addresses, and telephone numbers of …

(a) Within 30 days of receiving a special permit request, the division shall respond by issuance of a special permit or by letter stating reasons why the special permit request was denied. (b) Special permits shall be approved provided that: (1) The application is filled out comp…

(a) The site management area committee and holders of special permits issued pursuant to Pes 1002.14 shall review the provisions of the site management area plan and the special permits annually to determine if provisions are still needed and if the plan needs to be revised. (b) …

The purpose of this chapter is to provide for implementation and enforcement of the "Worker Protection Standard," 40 CFR Part 170, which has been adopted by the U.S. Environmental Protection Agency as a mandatory part of all pesticide labeling of agricultural pesticides. Notes N.…

This chapter shall apply to all agricultural employers and handler employers using pesticides whose labels incorporate the "Worker Protection Standard" by reference, and to all persons who are, or seek to become, qualified pesticide safety trainers. Notes N.H. Admin. Code § Pes 1…

"Agricultural employer" means any person who hires or contracts for the services of workers, for any type of compensation, to perform activities related to the production of an agricultural plant, or any person who is an owner of or is responsible for the management or condition …

"Agricultural establishment" means any farm, forest, nursery, or greenhouse, as these terms are defined in the "Worker Protection Standard," 40 CFR Part 170. Notes N.H. Admin. Code § Pes 1102.02 #6047, eff 6-3-95; ss by #6316, eff 8-13-96; ss by #8131, eff 8-13-04 Amended by Volu…

"Agricultural plant" means any plant grown or maintained for commercial or research purposes and includes, but is not limited to: (a) Food, feed, and fiber plants; (b) Trees; (c) Turfgrass; (d) Flowers or shrubs; (e) Ornamentals; and (f) Seedlings. Notes N.H. Admin. Code § Pes 11…

"Early entry" means entry by a worker into a treated area on the agricultural establishment after a pesticide application is complete, but before any restricted-entry interval for the pesticide has expired. Notes N.H. Admin. Code § Pes 1102.04 #6047, eff 6-3-95; ss by #6316, eff …

"Handler" means any person, including a self-employed person: (a) Who is employed for any type of compensation by an agricultural establishment or commercial pesticide handling establishment; and (b) Who is performing any task involving handling of pesticides, such as: (1) Mixing…

"Handler employer" means any person who is self-employed as a handler or who employs any handler, for any type of compensation. Notes N.H. Admin. Code § Pes 1102.06 #6047, eff 6-3-95; ss by #6316, eff 8-13-96; ss by #8131, eff 8-13-04 Amended by Volume XXXVII Number 23, Filed Jun…

"Qualified pesticide safety trainer" means a certified pesticide applicator who has been designated by the division, pursuant to Pes 1103.04, as being knowledgeable in the "Worker Protection Standard" and competent to train workers and handlers in safe working practices involving…

"Restricted-entry interval" means the time after the end of a pesticide application during which entry into the treated area is restricted. Notes N.H. Admin. Code § Pes 1102.08 #6047, eff 6-3-95; ss by #6316, eff 8-13-96; ss by #8131, eff 8-13-04 Amended by Volume XXXVII Number 2…

"Use of a pesticide" means, for the purposes of the "Worker Protection Standard": (a) Use in accordance with labeling instructions pursuant to Pes 502.01; (b) Preapplication activities, including but not limited to: (1) Making necessary preparations for the application of pestici…

"Worker" means any person, including a self-employed person, who is employed for any type of compensation and who is performing activities specified under the "Worker Protection Standard," related to the production of agricultural plants on any agricultural establishment. Notes N…

"Worker Protection Standard" means the U.S. Environmental Protection Agency "Worker Protection Standard," 40 CFR Part 170. Notes N.H. Admin. Code § Pes 1102.11 #6047, eff 6-3-95; ss by #6316, eff 8-13-96; ss by #8131, eff 8-13-04 Amended by Volume XXXVII Number 23, Filed June 8, …

Each agricultural employer shall assure that each worker and early-entry worker has been trained in accordance with the provisions of the "Worker Protection Standard," and the requirements of Pes 1100. Notes N.H. Admin. Code § Pes 1103.01 #6047, eff 6-3-95; ss by #6316, eff 8-13-…

Each handler employer shall ensure that each handler, prior to performing any handling tasks, has been trained in accordance with the provisions of the "Worker Protection Standard," and the requirements of Pes 1100. Notes N.H. Admin. Code § Pes 1103.02 #6047, eff 6-3-95; ss by #6…

A worker or handler shall be considered trained if the worker or handler has been trained in accordance with the provisions of the "Worker Protection Standard" by a qualified pesticide safety trainer who maintains a record of training in accordance with the provisions of Pes 1103…

(a) Any person desiring to become a qualified pesticide safety trainer shall pass an examination prepared and administered by the division, testing the applicant's knowledge of the "Worker Protection Standard." (b) In addition, such persons shall be qualified as one of the follow…

(a) In order to verify that training has been provided pursuant to Pes 1103.03, the agricultural employer or handler employer shall maintain on the agricultural establishment, for 2 years from the date of training, a record for each worker or handler trained. (b) The training rec…

(a) Any person may petition the board for a declaratory ruling as to the applicability of RSA 430:28-50 or any rules adopted by the board to any activity of the petitioner. (b) The petitioner for a declaratory ruling shall submit a typed or legibly written detailed petition signe…

(a) Within 30 days of receipt of a petition, the board shall prepare a written declaratory ruling providing a response to the petition; or (b) If the petition raises legal questions that causes the board to refer the matter to the department of justice for a legal opinion, the bo…

In the event the board determines that a petition does not comply with Pes 201.01 or provides insufficient information upon which to make the requested declaratory ruling, the board shall within 30 days return the petition to the petitioner with a statement indicating the nature …

(a) The procedures set forth in this section shall apply to appeals to the board from a decision of the division:(1) To deny an application for a permit or certificate of registration; (2) To revoke, suspend, or modify a permit or certificate of registration; (3) To impose an adm…

Within 30 days of a decision of the division granting, denying, revoking, suspending, or modifying a permit or certificate of registration, or imposing an administrative fine, or issuing an order, any person aggrieved by the decision of the division may file with the board a peti…

(a) Appeals shall be commenced by filing a notice of petition for appeal as specified by this section with the board. (b) The notice of petition for appeal shall set forth in plain language: (1) A clear and concise statement of the relief sought and the statutory provision under …

(a) Within 20 working days of receiving a copy of the petition for appeal, the division shall prepare and transmit to the board and to the petitioner a certified copy of the record of the action or decision under review. (b) The record prepared pursuant to (a) above shall contain…

(a) The board shall issue a notice of appeal hearing at least 30 days prior to the appeal hearing. (b) The notice of appeal hearing shall contain:(1) The information required by RSA 541-A:31, III, namely: a. A statement of the time, place and nature of any hearing; b. A statement…

All hearings before the board shall be held at the office of the division in Concord, unless otherwise specified by the board in the Notice of Appeal Hearing issued pursuant to Pes 202.05. Notes N.H. Admin. Code § Pes 202.06 #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #80…

All time periods referenced in these rules shall be calendar days. Computation of any period of time referred to in these rules shall begin with the first day following that on which the act which initiates such period of time occurs. The last day of the period so computed shall …

(a) A record of the hearing shall be kept by tape recording. Copies of the recording shall be provided to the public upon request and payment of the cost of the tape and staff time to make the copy, or for staff time only if a blank tape is submitted with the request. If any pers…

(a) Subject to (d) below, all interested persons with standing who wish to participate in the appeal hearing or to receive notice of the proceedings, filings or decisions shall file a written appearance with the board. (b) The appearance shall: (1) Identify the name and address o…

(a) Any nonparty may intervene in a matter pending before the board by filing a motion stating facts demonstrating that the nonparty's rights or other substantial interests might be affected by the appeal or that the nonparty qualifies as an intervenor under any provision of law.…

(a) Any party to a hearing before the board may be represented by any individual as the party may designate. Any party who wishes to be represented shall submit to the board a written authorization for the representation that is signed by the party and the representative. The aut…