Pesticide Management Plan (PMP)

(1) Application. (a) The proponent ofa pesticide managment plan shall supply, on a form or format provided by the Department, evidence adequate to the Department to justify the approval of a pesticide management plan, including but not limited to each of the following: 1. Name and EPA Reg. No. of the pesticide product(s) on the groundwater protection list proposed for use; 2. All maps necessary to identify the anticipated use site in relation to the primary recharge area; 3. Written evaluations of alternative control methods, including economic ramifications; 4. Information including: target pest, method of application, rate of application, irrigation practices (if any), crop and the percent of foliar ground cover; 5. Storage, handling, mixing and loading procedures; 6. The specific Department approved integrated pest management program that has been adopted; 7. Site specific data of each of the following: a. Top soil horizon depth; b. Depth to seasonal high water table; c. Soil Conservation Service Soils Hydrologic Group; d. Soil test results of percent organic matter; e. Any available monitoring data including a list of wells on the site; f. Other data which supports a finding that the anticipated use site is not a highly vulnerable site. (b) All information submitted in the application must reference the source of the date. The Department reserves the right to request additional information from the applicant at any time throughout the review process. (2) Inter-departmental Review. (a) The Department will inform the Department of Environmental Protection and the Department ofPublic Health within 15 days of receipt of a proposed pesticide management plan and shallmake the pesticide management plan available for their review. (b) Any comments submitted by the Department of Environmental Protection and Department of Public Health regarding a proposed pesticide management plan will be reviewed by the Department, and the Department will advise the other agencies of the preliminary findings before rendering a decision. (3) Disposition of Application. A proposed pesticide management plan for the application of a product on the groundwater protection list to a site in a primary recharge area otherwise prohibited by 333 CMR 12.03, may be accepted by the Department only if it finds that each of the following exist: (a) the anticipated use site is not a highly vulnerable site; (b) the acceptance of the pesticide management plan is not likely to cause an unreasonable adverse effect on the environment; (c) there is no viable alternative control method other than the use of the product on the groundwater protection list; (d) implementation of the Department approved IPM or pesticide management plan will minimize to the maximum extent possible the application of products on the groundwater protection list; (e) that no product on the groundwater protection list has been detected as a result of the groundwater monitoring program. Said detection shall result in the prohibition of the product's use within the primary recharge area of a public water supply well in which the pesticide has been detected. 12.04: continued (4) Notification. (a) Within 60 days of receipt of a completed application, the Department will render a written decision notifying the applicant that the proposed pesticide management plan has been: 1. approved; 2. denied, or; 3. held, pending additional information. (b) In the event that the Department is unable to render a decision pending further information, the Department will inform the applicant of the specific information needed to complete its evaluation at the time of notification. (c) Within 30 days ofreceipt ofthe additionalinformation, the Department will render a decision in accordance with 333 CMR 12.04(3). (d) In the event that the Department approves a pesticide management plan, the Department may impose conditions on the use of the product on the groundwater protection list. (5) An approved pesticide management plan shall be valid for a period of one calendar year from the date of issuance and may be renewed pursuant to 333 CMR 12.05.