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BILL AS INTRODUCED
1999
H.356
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H.356
Introduced by Representatives Jordan of Middlesex, Darrow of Newfane,
Deen of Westminster, Kehler of Pomfret, Nuovo of Middlebury,
Seibert of Norwich, Smith of Sudbury, Sullivan of Burlington and Zuckerman of Burlington
Referred to Committee on
Date:
Subject: Agriculture; natural resources; public waters; pesticides
Statement of purpose: This bill proposes to prohibit the use or application of any pesticide or other economic poison within 100 feet of any public waters in the state.
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AN ACT RELATING TO THE PROHIBITION OF PESTICIDE
APPLICATION ADJACENT TO THE PUBLIC WATERS OF THE
STATE
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 6 V.S.A. § 1105a is added to read:
§ 1105a. APPLICATION OF ECONOMIC POISONS ADJACENT TO
PUBLIC WATERS PROHIBITED
(a) For purposes of this section:
(1) “Economic poison” means any substance as defined by subdivision
911(5) of this title which is regulated under this title.

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BILL AS INTRODUCED
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(2) “Public waters” means all waters within the state as defined by subdivision 1422(5) of Title 10.
(3) “Shorelands” means all lands as defined by subdivision 1422(8) of
Title 10.
(b) No person shall use or apply any pesticide or other economic poison on any shorelands within 100 feet of the normal mean watermark of any public waters in the state, except when the commissioner certifies that an emergency exists which requires its use. When the commissioner finds that an emergency exists and so certifies, he or she shall prescribe the conditions under which and the period for which it may be used.
(c) The water resources board shall adopt rules pursuant to subchapter 2 of chapter 37 of Title 10, after consulting with the pesticide advisory council established by section 1102 of this title, to implement this section.
Sec. 2. 10 V.S.A. § 905(10) is added to read:
(10) Adopt rules to implement the provisions of section 1105a of Title 6 prohibiting the use or application of any pesticide or other economic poison on any shorelands within 100 feet of the normal mean watermark of any public waters in the state.