[HISTORY: Adopted by the Town of Barnstable Board of Health 7-6-1982,
effective 4-24-1985 (Part IV of the 1991 Codification as updated through 6-1-1996).
Amendments noted where applicable.]
The extensive use of herbicides presents a potential public health hazard
that includes a risk of ground- and surface water contamination.
As used in this chapter, the following terms shall have the meanings
indicated:
Any substance or mixture of substances intended for use as a plant
regulator, defoliant, or dessicant.
The use of herbicides is prohibited along easements, rights-of-way, railroads, power lines, or similar uses, within the Town borders, unless the Board of Health approves a written application for such use in accordance with the provisions of § 332-4 hereof.
All applicants desiring to use said herbicides must submit to the Board
of Health an application for the approval of such uses. A map of the area
shall be included with the application showing distances to private and public
wells, wetlands, watercourses, dwellings, and property lines within 400 feet
of the area proposed for herbicide treatment.
A.Â
The spraying of herbicides is prohibited within 400 feet
of public or private wells.
B.Â
The spraying of herbicides is prohibited within 100 feet
of any wetlands, streams, ponds, brooks or any other watercourse.
C.Â
The spraying of herbicides is prohibited within 300 feet
of any dwelling, barn, or similar structure, and cultivated land.
D.Â
There shall be no spraying of herbicides if the wind
velocity exceeds five knots as measured on site by an anemometer, or other
approved wind-testing device. The applicator will test the wind velocity every
hour while spraying.
E.Â
Easily visible warning signs will be posted every 200
feet along the sprayed area. These signs shall not be removed for a minimum
of five days.
F.Â
The use of any vehicle engaged in the dispensing of pesticides
(including herbicides, insecticides and fungicides) for obtaining water from
any watercourse as defined by 310 CMR 15.00, Title 5, State Environmental
Code, or the flushing of any pesticide residue or the cleaning of any vehicles
by the use of any watercourse is hereby prohibited.