Municipalities, Mosquitoes, Pesticides & Regulations

1. http://www.londonderrynh.net Municipalities, Mosquitoes, Pesticides & Regulations What you need to know about municipal or school mosquito control programs

2. What is required for a municipal or school mosquito control program? • All municipal or school pesticide applicators must be licensed as commercial masters or operators in the biting fly & other arthropod vectors category when applying any mosquito control product • “Pesticide” includes • Any product with claims to mitigate, control or repel any pest • Could be sprays, briquettes, dunks, repellents, films, etc

3. What about natural or over-the-counter products? • Even EPA exempt products require a license • Over-the-counter products like mosquito dunks or flying insect sprays also require licensed application No endorsements expressed or implied

4. How do you choose a pesticide product to use? • Consult with the BPC, University of Maine and licensed applicator companies • Look for products specifically labeled for governmental projects • Look for products labeled for the areas that need treatment • Look for products labeled for control of disease causing vectors • Consult with municipalities in other states with mosquito control experience (NH, MA, NJ) UNH Extension

5. What is required by Maine DEP? Ch. 514, Regulations Concerning the Use of Aquatic Pesticides: A. The pesticide must be registered for the intended use by the USEPA and the Maine Board of Pesticides Control. B. The applicant or agent must be licensed as a commercial applicator in the ‘Biting Fly and other Arthropod Vectors' subcategory by the BPC. C. The applicant must provide adequate protection for non-target species. D. The applicant must demonstrate (1) a significant need to control the target species and (2) that the pesticide offers the only reasonable and effective means of control. E. The application must not result in violations of State water quality laws (such as impairing a waterbody so that it does not attain its designated classification).

6. What is required by Maine DEP? • A National Pollution Discharge Elimination System (NPDES) permit (waste discharge license (WDL)) is required to put pesticides directly into the water with a few exceptions • Requires a 3 - 4 month review to get the Waste Discharge License (WDL)

7. WDL exemptions • Applications of solid or granular Bacillus thuringiensis israelensis or Bacillus sphericus as larvicides to: • artificial containers that cannot be emptied, • high elevation (extreme tide) salt marsh pools, constructed ponds, and isolated freshwater wetlands provided there is: • presence of mosquitoes, and • no fish or other predators that can control them

8. WDL exemptions • Salt marsh pools must be treated immediately after flooding to allow for dissipation • Ponds and isolated wetlands must be on one person’s property with no connection to other surface water bodies • spraying for adult mosquitoes with no contact with surface waters and wetlands, including ground and aerial applications done according to the pesticide label instructions

9. General permit for mosquito control Expedited review for qualified projects with: • Preferred breeding habitat for vectors of WNV or EEE; • Presence of mosquito vectors for those diseases; and/or • Infected mosquitoes, birds, or humans within 20-miles • The proposed treatment program must be in conjunction with a written management plan with area-wide control strategies. Also must meet requirements of Ch 514: registered use; licensed applicator; protect non-targets; significant need; protect water quality.

10. What about use of repellents? • Insect repellents like permethrin, DEET, picaridin, IR3535, oil of lemon eucalyptus or other essential oils are also pesticides • Both personal property owners and municipal employees can use insect repellents without licensing • The Board recently adopted a new policy that also allows employees and volunteers to apply repellents to children when they have a signed permission form from the child’s parent/guardian No endorsements expressed or implied

11. What can a municipality or school do if they have no licensed staff? • Hire a licensed contractor to do the work • A listing of licensed mosquito control applicators can be found on the web at http://www.maine.gov/agriculture/pesticides/public/mosquito_control_list.htm • Shop around • Find a comprehensive program • Ask to see a license • Check references • Check insurance • Check for professional associations • Get a written contract • License municipal or school staff as commercial pesticide applicators

12. How do you get staff licensed? • Each municipality or school must first license a Master level applicator • Additional staff can license at the operator level

13. How do you get the commercial license? • Master level must pass 3 written, closed book exams and 1 oral exam • Written exams cover • General pesticide information • Biting fly and tick management • Regulations • Operator level must pass 2 written, closed book exams • Written exams cover • General pesticide information • Biting fly & tick management • Exam fees are waived for government employees

14. Certification Licensing License Type Where do I get study materials? Types of Exams Where do I take exams? Exam fees Certification Period License Fee License Duration Commercial - Master UMCE (1)1-800-287-0279207-581-3880Core and Category Manuals BPC (2)207-287-2731Regulations Manual Minimum of 3 written (Core, one or more categories, and regulation exams) plus a Master's Oral exam BPC Offices by prefiled exam application only207-287-2731 $10 each for the Core and for each category exam $50 for the regulation and Master's Oral exams 6 years $70 2 yearrenewable 12/31 Commercial– Operator (3) UMCE1-800-287-0279207-581-3880Core and Category Manuals Minimum of 2 written (Core and one or more category exams) BPC Offices by prefiled examapplication only207-287-2731 $10 each for the Core and for each category exam 6 years $70 2 yearrenewable 12/31

15. What areas can the municipality treat? • Municipal owned properties with licensed applicators • Can coordinate programs that treat private properties when: • A public health emergency has been declared, and • permission has been obtained from all landowners

16. Notification & monitoring requirements • Non-school applications only require pre-notification if done within 250 feet of a person’s property that is on our notification registry • Applications done on school grounds require IPM practices prior to pesticide application • Pest monitoring • Pest ID • Population over threshold? • Must use non-pesticide controls first

17. Notification & Monitoring • Applications to school grounds also require a 5 day notice of parents/guardians and staffprior to application • If Maine CDC has identified arbovirus positive mosquitoes, birds, mammals or humans in the area, the school notice and IPM requirements are waived, but the area must be posted ASAP

18. Who to contact • Gary FishMaine Board of Pesticides Control28 State House StationAugusta ME 04333-0028207-287-7545gary.fish@maine.gov • Bob StrattonMaine Department of Environmental Protection17 State House StationAugusta, ME 04333-0017207-287-6114robert.d.stratton@maine.gov