⚡ CHEAT SHEET

Ch.9: Laws & Regulations for Mosquito Control

What the exam tests on Act 451, Reg 636 / Reg 637 sub-rules, Rule 97 larvicide certifications, drift management, record-keeping, and aerial applicator requirements.

🎯 Top 5 Traps

Newspaper, TV, and radio are NOT acceptable methods of community notification. Only three methods qualify under Reg 637 Rule 11: personal contact, a comprehensive community outreach program (filed annually with MDARD Pesticide Section), or prior written notification (postcards, letters, fliers — mailed or hand-delivered).

Record retention: GENERAL-USE = 1 year minimum; RESTRICTED-USE = 3 years minimum (Reg 636 Rule 15). Easy to flip. Same intervals apply to drift management plans (Reg 637 Rule 10 Subrule 5): 1 year for general-use sites, 3 years for restricted-use sites.

Three Rule 97 certification pathways for larvicide application — pick the right one. R97-07/001 for surface waters of the state. R97-07/002 for stormwater catch basins (when not covered by NPDES). TEMEPHOS specifically requires an INDIVIDUAL letter of approval — neither general certification covers it.

"Waters of the state" includes Great Lakes, inland lakes, rivers, streams, impoundments, open drains, wetlands, and other surface bodies — but EXCLUDES drainage ways and ponds used SOLELY for wastewater conveyance, treatment, or control.

Mixing and loading facility (non-aerial) = site used for pesticide transfer/repackaging/mixing for MORE THAN 10 DAYS in any calendar year. The 10-day threshold is the trigger. Sites within a 1/2-mile radius owned/operated by the same person count as the SAME facility. Aerial definition is different — the primary location, no day threshold.

🔢 Numbers You Must Know

Number

What It Represents

1 year / 3 years

Record retention: 1 year minimum for general-use pesticides; 3 years minimum for restricted-use pesticides (Reg 636 Rule 15). Same for drift plan retention.

24 hours

Minimum posting period at multiple-use areas (parks, beaches, playgrounds, public campgrounds) after pesticide application; also recommended lawn marker retention

100 feet

School grounds buffer for outdoor ornamental/turf liquid spray applications from occupied classroom buildings during normal school class hours (Reg 637 Rule 15)

4 in x 5 in

Standard lawn marker dimensions (4 inches high by 5 inches wide); printed identically on both sides in green letters on white background

12 inches

Minimum height of lawn marker bottom above the turf

11/16 inch (72 pt)

Type size for "CAUTION" on lawn marker

9/32 inch (30 pt)

Type size for "Pesticide Application" and "Keep Off Until Dry" on lawn marker

10 days

Threshold defining a non-aerial mixing and loading facility (per calendar year). 1/2-mile radius rule applies to same-owner sites.

3 years + 200 hours

Aerial application experience requirement (under supervision of a commercial aerial applicator) — one of three qualifying paths (Act 451 Sec 8315)

December 1988

Grandfather date for commercial aerial applicator licensure — pre-1988 licensees automatically qualify

every 3 years

Aerial applicator requalification interval: MSU Extension flight efficiency clinic OR retake certification exam plus aircraft inspection

30 seconds

Maximum time for emergency shutoff to be fully operational at mixing/loading pad (Reg 637 Rule 6)

6 inches

Rainfall capacity required for outdoor uncovered mixing/loading pads (or alternatively, immediate post-spill cleaning)

1 minute

Minimum capacity for mixing/loading pad to contain potential discharge during operation

🔀 Easily Confused

Pair / Group

Distinguishing Feature

General-use vs Restricted-use record retention

General-use: 1 year minimum (Reg 636 Rule 15). Restricted-use: 3 years minimum. Same intervals apply to drift management plan retention under Reg 637 Rule 10 Subrule 5.

R97-07/001 vs R97-07/002 vs Temephos letter

R97-07/001: General Certification for surface waters of the state. R97-07/002: General Certification for stormwater catch basins (not covered by NPDES). Temephos: requires INDIVIDUAL letter of approval — not under either general certification.

Mixing/loading facility vs Mixing/loading pad

Facility (Reg 637 Rule 1k): the SITE — defined by 10+ days of activity (non-aerial) or being the primary location (aerial). Pad (Reg 637 Rule 6): the PHYSICAL surface — impervious construction, bermed, with emergency shutoff.

Pesticide drift definition vs what it does NOT include

Drift: physical movement of pesticides AT THE TIME OF APPLICATION to any non-target site. Not drift: post-application movement via erosion, migration, volatilization, or wind-blown contaminated soil. The "at time of application" qualifier is critical.

Notification methods that QUALIFY vs that DO NOT

Qualify: personal contact, comprehensive community outreach program (filed annually with MDARD), prior written notification (postcards, letters, fliers). Do NOT qualify: newspaper ads, TV ads, radio ads — explicitly excluded.

Three MDARD-maintained registries

(1) Pesticide Notification Registry (Reg 637 Rule 5); (2) Certified Organic Farm Registry (Reg 637 Rule 16); (3) Persons Requesting Exemption from West Nile Virus Spraying Registry (voluntary).

Notification requirements waiver

Waived ONLY in the event of a public health emergency as determined by the Michigan Department of Community Health. No other waiver triggers.

📜 Regulation Quick Index

Citation

Topic

Act 451 of 1994 (Part 83)

Pesticide Control — master legal framework for MI pesticide regulation

Act 451 (Part 31)

Water Resource Protection — basis for Rule 97 surface water certifications

Act 451, Section 8315

Aerial application requirements: 3 yrs experience + 200 hrs OR pre-Dec 1988 licensure OR MDARD-recognized training; requalify every 3 yrs

Rule 97 / R97-07/001

General Certification — mosquito control in surface waters of the state

Rule 97 / R97-07/002

General Certification — mosquito control in stormwater catch basins (not covered by NPDES)

Reg 636 Rule 15

Record-keeping — 3 yrs minimum for restricted-use, 1 yr minimum for general-use pesticides

Reg 637 Rule 1(k)

Definition of "mixing and loading facility" — 10-day threshold (non-aerial); 1/2-mile radius rule

Reg 637 Rule 5

Pesticide Notification Registry (MDARD-maintained)

Reg 637 Rule 6

Mixing and loading pad requirements — impervious materials, containment, 30-second emergency shutoff, 6-inch rainfall (outdoor)

Reg 637 Rule 7

Washing and rinsing facility — same impervious pad design; exempts emergencies, aircraft, hand-held equipment

Reg 637 Rule 8

Excess pesticides and pesticide-containing materials — must be used per label; may be used as diluents in subsequent mixtures

Reg 637 Rule 10

Off-target pesticide drift — applicator responsibility; written drift management plan required when drift is likely

Reg 637 Rule 11

Commercial notification and posting requirements: community spray notification (Subrule 5b ii); lawn markers; multiple-use area posting

Reg 637 Rule 15

Pesticide use in and around schools and daycares — 100-foot buffer for outdoor turf/ornamental liquid spray during school hours

Reg 637 Rule 16

Certified Organic Farm Registry — annually published by MDARD; ~3 yrs needed to certify soil pesticide-free

🪪 Larvicide Authorization Pathways (Rule 97)

Three distinct paths depending on the water body and the pesticide. Pick the wrong one and the application is unauthorized.

Application Target

Authorization Required

Process

Surface waters of the state

Certification R97-07/001 (general)

Submit Notification of Intent. Upon MDNRE acknowledgment, applicant is authorized to commence treatment.

Stormwater catch basins

Certification R97-07/002 (general)

For catch basins NOT covered by an existing NPDES permit. Same Notification of Intent process.

Temephos (any water of the state)

INDIVIDUAL letter of approval — neither general certification covers it

Contact MDNRE directly. Required for any temephos larvicide use, regardless of water body.

💡 Memory Hooks

Record retention: "1 for general, 3 for restricted." Same intervals for drift management plans.

Larvicide certs: "001 for surface, 002 for catch basins, individual letter for temephos." Three Rule 97 paths.

Mixing/loading facility: "10 days makes a facility; 1/2 mile makes it the same one." Non-aerial threshold + radius rule.

School buffer: "100 feet from classrooms during school hours." Reg 637 Rule 15 — outdoor liquid spray.

Aerial certification: "200 hours over 3 years, OR pre-1988 license, OR MDARD training." Three qualifying paths under Act 451 Sec 8315.

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