HAR §4-66-63.1. Annual Use Permit

(a) A pesticide may be designated by the board as requiring an annual use permit for purchase if the department, after an evaluation of pesticide uses in accordance with section 4-66-32.1, determines that existing controls over the pesticide may be inadequate to prevent potential unreasonable adverse effects on humans or the environment and that tracking and controlling use is appropriate. (b) An annual use permit is required for the purchase and use of picloram. Additional pesticides may be designated as requiring an annual use permit as provided in section 4-66-63.l(a). The board, upon designation of any additional pesticide product as requiring an annual use permit, shall maintain a list of such pesticide products at the department Office of the Chairperson. The list of pesticide products that require an annual use permit shall also be posted on the department's website. (c) Application for an annual use permit shall be on forms prescribed by the head, and shall include the applicant's name and address, name of applicator, acreage amount to be treated, location, and other information as the head may require. Forms are available at the department or on-line at https://hdoa.hawaii.gov. An application and permit may be amended during the permit period to add acreage, other locations, additional quantity of pesticide or other changes, as appropriate. 66-71 §4-66-63.1 (d) In determining whether to issue an annual use permit, the potential use described in an application will be reviewed for compliance with the pesticide's label directions. The head shall determine the quantity of pesticide to be authorized for each permit and other permit conditions necessary to prevent unreasonable adverse effects to humans or the environment. (e) Failure to comply with the terms or conditions of any annual use permit may result in permit revocation and subject the permittee to additional penalties as provided by law. [Eff and comp 12/16/06; am and comp AUG 2 3 2019 ] (Auth: HRS §149A-19) (Imp: HRS §149A-32.5) §4-66-64 Conditions and limitations on aerial application of restricted use pesticides. (a) No person shall apply a restricted use pesticide by manned or unmanned aircraft except by special permit issued by the head and under the following conditions and limitations: (1) Application for a special permit to apply restricted use pesticides by aerial application shall be made on forms prescribed by the head. Forms are available at the department or on-line at https://hdoa.hawaii.gov; (2) The special permit application shall include date, name, address and certification number of the applicator, purpose of aerial treatment, restricted use pesticide formulation, dosage, method of aerial treatment, the proposed number of treatments to be made, and a sketch or map that indicates general wind directions, proposed site or sites to be treated, homes, roadways, waterways, and crop plantings in the vicinity; ( 3) The head may refuse to issue a special permit for aerial application of restricted use pesticides if it is determined that the proposed aerial treatment may cause unreasonable adverse effects to humans or the environment or will create a hazard. All refusals shall be in writing and the reasons for refusal stated; (4) A special permit for aerial application of 66-72 ,, 3 4 5 §4-66-64 restricted use pesticides shall specify the time period for which the special permit is valid. The head may specify and limit a special permit for aerial application of restricted use pesticides to cover a single, multiple, or continual treatments when conditions are not expected to change or vary during subsequent treatments that are conducted in the same designated area or areas; (5) Any special permit for aerial application of restricted use pesticides may be canceled or revoked by the head before its stated expiration date for reasonable cause. Such cancellation or revocation shall be in writing and reasons for cancellation or revocation stated; (6) The head shall be notified no less than twenty-four hours in advance of the aerial treatment unless another time period is specified as a permit condition; and (7) The issuance of a special permit for aerial application of a restricted use pesticide shall not relieve the permittee from the penalty provisions of the Act or any liability for any damage or contamination of crops or plants, animals, humans, and the environment resulting from the aerial treatment or contamination of crops or plants, animals, humans, and the environment resulting from the aerial application of restricted use pesticides. (b) The following provisions shall apply to the operating conditions of manned or unmanned aircraft and equipment used for aerial application of restricted use pesticides: (1) Spray equipment on manned or unmanned aircraft shall be leakproof. Spray nozzles shall be equipped with a device to prevent dribble when spray is turned off; (2) All aerial pesticide dispersal equipment shall be inspected and maintained in good working order according to the manufacturer's instructions; and 66-73 13 345 §4-66-64 (3) Manned or unmanned aircraft used to apply restricted use pesticides, and manned or unmanned aircraft operators, shall comply with all Federal Aviation Administration Regulations. (c) The head may add further permit conditions as deemed necessary for the protection of the public, or environment, or both. (d) Failure to comply with the terms or conditions of any special permit for aerial application of restricted use pesticides may subject the permittee, or person supervising the aerial application, or both, to additional penalties as provided by i~~- [Eff 7/13/81; am and comp 12/16/06; am and comp AUb 2 3 2019 ] (Auth: HRS §149A-33) (Imp: HRS §149A-33) §4-66-64.1 Conditions and limitations on pesticide application by means other than aerial treatment. (a) No person shall apply a restricted use or nonrestricted use pesticide except under the following conditions and limitations: (1) All pesticide applications shall be made in accordance with the product label; (2) Spray equipment nozzles shall be equipped with a device to prevent leakage when spray is turned off; (3) Self-propelled power rigs used for inter-row or broad-cast applications shall be equipped with a pressure control device and a pressure gauge; (4) Reasonable methods necessary to minimize the risk of off-target pesticide product movement shall be utilized; and (5) Power rigs, mist blowers, and other equipment used to disperse any pesticide product shall be inspected and maintained in good working order according to the manufacturer's instructions. [Eff and comp (Auth: HRS §149A-33) (Imp: HRS §149A-33) 66-74