1. (a) Antimicrobial pesticides are exempt from the permit requirements of this chapter if the antimicrobial pesticides are applied only for oilfield operations or the treatment of drinking water.

2. (b) The commissioner may, upon written request, exempt the application of a pesticide from a requirement of this chapter if the commissioner determines that an emergency exists, including a significant

   1. (1) risk to human health;
   2. (2) risk to the environment; or
   3. (3) economic loss.

3. (c) The department will, upon written request, exempt a proposed pesticide application, except for an application by aircraft or helicopter, from a permit requirement of this chapter if the department determines that granting the exemption will not result in an unreasonable adverse effect, and that the

   1. (1) application of the pesticide is necessary for the safe operation of nonpublic areas of an airport certificated by the Federal Aviation Administration under 14 C.F.R. 139; or

   2. (2) pesticide is to be applied on no more than 20 acres for a research project conducted

      1. (A) by the University of Alaska; or
      2. (B) on land owned or leased by the state.

(Eff. 2/15/98, Register 145; am 3/31/2002, Register 161; am 11/30/2003, Register 168; am 9/30/2007, Register 183)

Authority: AS 41.17.100, AS 46.03.020, AS 46.03.330, AS 46.03.010, AS 46.03.320, AS 46.03.730