02 NCAC 09L .1002          GENERAL REQUIREMENTS

(a)  All agricultural aircraft operations in North Carolina shall comply with the Federal Occupational Safety and Health Act of 1971 (OSHA), Title 29 U.S.C. Chapter 15; the North Carolina Occupational Safety and Health Law, G.S. Chapter 95 Article 16, all and rules promulgated thereunder; and the Federal Aviation Regulations, 14 CFR Part 137. In any case of conflict, the aforenamed authorities takes precedence over any of these Rules.

(b)  Each aerial application business shall have a licensed contractor.

(c)  All agricultural aircraft operations (pilot or contractor) shall keep a written record to be completed within 72 hours after each application, unless requested sooner by an employee of the Pesticide Section for the purposes of a pesticide incident investigation. The record shall contain the following:

(1)           name of contractor;

(2)           name and address of the person for whom the pesticide was applied;

(3)           identification of farm or land sites treated with pesticide(s);

(4)           name of crop which was treated;

(5)           total number of acres treated;

(6)           the year, month, date, and the specific time of day when each pesticide application was completed;

(7)           the brand name of the pesticide(s) and EPA registration number;

(8)           amount of formulated product or active material applied per acre shall be specified;

(9)           total gallons or pounds per acre of the final tank mix applied per acre;

(10)         name of pilot; and

(11)         signature of the person completing this record.

(d)  Each day of application shall be recorded as a separate record.

(e)  The pilot shall, prior to application, learn and confirm:

(1)           the boundaries and exact location of the target area(s); and

(2)           the identity of nontarget areas and safety hazards located on or adjacent to the target areas.

(f)  Spray and spreading equipment shall be rinsed after each agricultural aircraft operation, except when the next agricultural aircraft operation will be made using the same pesticide, or another pesticide compatible with the previous pesticide, according to the manufacturer's recommendations, was previously used in the equipment and will not result in any adverse effects, or created by the drainage or disposal of waste materials, and will not create an adverse effect as defined in Rule 02 NCAC 09L .1001(2).

(g)  During application, the flow and mixture of the pesticide(s) shall be uniform. Pilots and contractors shall utilize equipment which will maintain a uniform mixture and flow during application.

(h)  Pilots and contractors shall use and operate, in any agricultural aircraft operation, aircraft equipped with spray or spreading equipment suited according to its manufacturer's recommendations for the pesticide(s) to be applied. All aerial spray or spreading equipment shall be free of leaks and shall have a positive shutoff system to prevent leaking and dissemination of pesticides on any nontarget areas over which the flight is made. Such equipment shall not allow spillage, dripping, backflow, or create a hazard from vapors or drift.

(i)  The loading area shall be kept free of pesticide contamination.

(j)  No pesticide(s) shall be applied by an aerial applicator while any persons other than those assisting in the application are in the target area.

(k)  The shape of the tank, hopper of the spray, or spreading equipment shall be such as to allow complete drainage during flight and on ground.

(l)  The contractor or pilot shall notify the Secretary of the Board within 24 hours of any emergency or accidental release of pesticide(s) from the application or auxiliary equipment. They shall provide the following information:

(1)           the name of the pilot;

(2)           the contractor involved;

(3)           the name of the property owner or operator;

(4)           the location of the incident;

(5)           the name of the pesticide;

(6)           the estimated amount of pesticide involved;

(7)           the estimated size of the area that received the spill;

(8)           the description of what is located within 300 feet from the edge of the spill in all directions;

(9)           the number of humans or animals known to have been contaminated; and

(10)         the weather conditions at the site of the emergency or accidental release of pesticide(s).

History Note:        Authority G.S. 143-147; 143‑458; 143‑466;

Eff. July 2, 1976;

Amended Eff. May 1, 2009; February 1, 1989; January 1, 1985; August 1, 1982;

Readopted Eff. August 1, 2020;

Amended Eff. November 1, 2024.