1. (a) The department will, in its discretion,

   1. (1) inspect ground or air apparatus used to apply pesticides; and
   2. (2) require repairs of ground or air apparatus or other changes before further use.

2. (b) A person applying pesticides while using an aircraft or helicopter shall ensure that aircraft apparatus used to apply a pesticide

   1. (1) meets the following requirements:

      1. (A) the flow of liquid to aircraft nozzles must be controlled by a positive shutoff system, and each nozzle must be equipped with

         1. (i) a check valve, with the flow controlled by a check-valve device or a boom pressure release device that puts a negative pressure on the system; or
         2. (ii) a positive action valve system; and
      2. (B) fixed-wing aircraft and helicopters must be equipped so that the orifice of each nozzle can be directed backward, parallel to the horizontal axis of the aircraft in flight; and
   2. (2) is calibrated to apply the pesticide at the concentration and rate of application specified by the pesticide labeling.

(Eff. 2/15/98, Register 145)

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