3-365. Buffer zones
A. The odoriferous pesticides profenofos, sulprofos, def and merphos and other
pesticides with similar odoriferous characteristics shall not be applied within
one-fourth mile of a school, a day care center, a health care institution, a child care
group home as defined by section 36-897 or at least twenty-five residences adjoining the
field to be sprayed, except by soil injection.
B. Highly toxic pesticides or paraquat shall not be applied within four hundred
feet of a health care institution, except by soil injection.
C. Highly toxic pesticides or paraquat shall not be applied in liquid form, except
by soil injection, within one hundred feet by aircraft or within fifty feet by ground
equipment of at least twenty-five residences adjoining the field to be sprayed. Highly
toxic pesticides shall not be applied in dust form by aircraft within three hundred feet
of at least twenty-five residences adjoining the field to be sprayed.
D. Highly toxic pesticides and paraquat shall not be applied within one-fourth mile
of schools, child care group homes, or day care centers. However, highly toxic
pesticides and paraquat may be applied within one-fourth mile of schools, child care
group homes, and day care centers unless authorized activities at the school, child care
group home or day care center are scheduled to occur before the reentry time period
assigned to the pesticide by provisions of the product label elapses. A responsible
individual at a school or a day care center shall be notified of the application of
pesticides, other than highly toxic pesticides or paraquat, by aircraft during daylight
hours.
E. Nothing in this section permits the application of pesticide in such a way as to
cause drift within the grounds of a residence, school, health care institution, child
care group home, or day care center, but compliance with this section and the
requirements of the pesticide label establishes a presumption of compliance with this
subsection.
F. For the purposes of this section, distances shall be measured from the property
boundary of a school, residence, day care center, child care group home, or health care
institution closest to the field to be sprayed to the area of the field that is to be
sprayed.
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