Definitions

For the purpose of 333 CMR 13.00, the definitions set forth in 333 CMR 2.00: General Information, 333 CMR 10.02: Definitions, and 333 CMR 13.01 apply, unless the context or subject matter requires a different interpretation. Agricultural Applications. Those pesticide applications to agricultural land as defined under M.G.L. c. 128, § 1A. Contracting Entity. The individual, party, or organization primarily responsible for the procurement of pest control services. Control Program. Any program designated to control Public Nuisance Pests which entails the application of a pesticide using either ground or aerial application equipment. DCR. Department of Conservation and Recreation. Forest Health Program Director. Forest Health Program Director of DCR, Bureau of Forest Fire Control and Forestry. Local Superintendent. Local Superintendent of Shade Tree Management and Pest Control as established by M.G.L. c. 132, § 13. Protected Areas. Those areas defined as follows: (a) Any residential, commercial, municipal, hospital, school or other building where people gather and the area within a 100-foot radius surrounding these structures, provided that such Protected Area shall not exceed the property line; and (b) Any developed recreation area open to public accommodation, including any developed public or commercial campground, developed picnic area, developed park and recreation facility, playground, school bus stop, or other area developed for organized recreation. Public Building. The indoor area of any building to which the public has access for work, recreation or other purposes including but not limited to commercial buildings, day care centers and facilities, nursery schools, institutions, health care facilities, restaurants, hotels, motels, schools, places of worship, public meeting places, stores, malls, and airports. Public Nuisance Pests. Public Nuisance Pest shall include those plant diseases, insects, and related pests which are declared to be “public nuisances” by DCR or the Department. Public Nuisance Pest includes the following: (a) Gypsy and brown tail moths, tent caterpillars, cankerworms, oriental hag moths, fall webworms, Japanese beetles, saddled prominents, pine loopers, and elm leaf beetles which damage forest and shade tree foliage; (b) Diseases and leaf eating and sucking insects which damage forests and shade trees; and (c) Beetles which spread Dutch Elm Disease. (MA REG. # 1330, Dated 1-13-17) Wide Area Applications. All aerial applications made for the control of Public Nuisance Pests, and all ground applications made for the control of Public Nuisance Pests which cross property lines or are made to areas that exceed one acre.