An applicator who applies a pesticide as part of a forestry vegetation management project

1. (1) may not apply a pesticide within a protective area

   1. (A) of 200 feet, measured horizontally, from a surface water source that is used for a public water system; for purposes of this subparagraph, "public water system" has the meaning given in 18 AAC 80.1990; and

   2. (B) sufficient in size to ensure that a pesticide applied by the applicator does not enter a pesticide-free zone composed of

      1. (i) a surface water or marine water body; and
      2. (ii) land within 35 feet of that surface water, measured horizontally from the ordinary high water mark, or that marine water body, measured horizontally from the mean higher high water mark; and

2. (2) if the department determines that it is necessary to protect against an unreasonable adverse effect, may be required by the department to

   1. (A) conduct monitoring; or
   2. (B) modify the protective area described in (1) of this section.

(Eff. 11/30/2003, Register 168)

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