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* * * * * * * * * *Massachusetts 333 CMR 11.00: RIGHTS OF WAY MANAGEMENT
11.01: Purpose
11.02: Definitions
11.03 General Provisions
11.04: Sensitive Area Restrictions
11.05: Vegetation Management Plan (VMP)
11.06: Yearly Operational Plan (YOP)
11.07: Public Notification
11.08: Notice of Modification and Revocation
11.09: Right-of-appeal
11.10: Penalties
11.11: Rights-of-way Advisory Panel
11.07(1): Public Notification
At least 21 days in advance of application of herbicide to a right-of-way in any city or town, the applicant shall notify the Department, the board of health, and the local public water supplier and, by registered mail, the Mayor, City Manager or Chairman of the Board of Selectman, and the conservation commission in the municipality where the right-of-way lies.
The notice shall include the following information:
WHEN the approximate dates on which such herbicide application shall commence and conclude, provided however, that said application shall not commence more than ten days before nor conclude more than ten days after said approximate dates;
HOW and WHERE the method and locations of application;
WHAT a Department-approved Herbicide Fact Sheet of the active ingredient(s) of the Herbicide(s) used; the EPA registration number(s) for the herbicides(s) used;
WHO the name, title, business address and phone number of the certified commercial applicator or licensed applicator, or the contractor, employer or employees responsible for carrying out the application.
Where specific information required for this notice is already contained in the current YOP that is on file with the local official, the applicant may incorporate the appropriate pages of the YOP by reference in its notice to that official, indicating that these pages are also directly available from the applicant upon request.
11.07 (3) At least 48 hours prior to the application referred to in 333 CMR 11.07(1), the applicant must publish a conspicuous notice in at least one newspaper of general circulation in the city or town where the right-of-way lies. The notice must appear in the local section of the newspaper and measure at least four by five inches in size.
The notice shall contain the following information:
HOW and WHERE the method and locations of pesticide application,
WHEN the approximate dates on which the pesticide application shall commence and conclude, provided that the application shall not commence more than ten days before nor conclude ten days after aid approximate dates;
WHAT a list of potential pesticides to be used;
WHY a description of the purpose of the application;
WHO and the name, title, business address and phone number of a designated contact person representing the applicant from whom any citizen may request further information.
The notice shall apply only to the calendar year in which the notice is published. Upon request the notice must be made available to the Department.
http://www.mass.gov/agr/legal/regs/333_CMR_11.00.pdf
