(A) Any person or entity that conducts an aerial pesticide/herbicide spraying operation from the Winner Municipal Airport, and who in connection therewith stores, loads, unloads or otherwise handles any pesticide or herbicide product within the exterior boundaries of the Winner Municipal Airport, shall first obtain from the Airport Manager an applicator permit. Such permit may be issued upon providing all necessary information to the Airport Manager. Such permit shall be valid for a period of one year from the date of issue upon payment of the $1,500 annual fee. Such permit shall be issued only to those applicators that have an agricultural aircraft operator certificate issued by the FAA. All applicators must comply with all requirements of federal, state and local laws and regulations applicable to aerial applicators. Such permit shall be issued to each applicator for a maximum of three planes owned or leased by such applicator and used exclusively by such applicator. If any applicator desires to permit more than three planes, a separate permit with the $1,500 annual fee shall be required for each additional up to three planes.
(B) Each applicator shall provide proof of liability insurance covering this type of operation in an amount not less than $1,000,000.
(C) Each applicator shall provide for his, her or its own spray containment pad of a type that is approved for such use, and shall use it in such area as is designated by the Airport Manager. Each applicator shall provide for his, her or its own chemical storage system which utilizes a double-lock system of a type that is approved for such use. Only personnel trained in the proper handling of pesticides/herbicides shall handle such substances within the Winner Municipal Airport property.
(D) Each applicator must clean up and remove all containers at the end of each day’s activities; maintain all loading and mixing facilities; use dry break devices or equivalent couplings to the aircraft loading receptacle to prevent leaks and spills; and conduct loading and unloading activities so as not to interfere with the normal aircraft operations upon the Winner Municipal Airport.
(E) The applicator shall keep an appropriate spill kit on site during operations in an easily accessible location. In the event of a small pesticide/herbicide spill (non-reportable), the applicator shall remove from the airport property the contaminated surface material under the direction of the Airport Manager, and shall place or dispose of the same in accordance with applicable regulations. In the event of a reportable spill, the applicator shall contain the material and shall forthwith contact the appropriate state agencies according to the applicable regulations. The applicator shall be responsible for all costs associated with the removal and cleanup of any spill.
(F) For all pesticides/herbicides kept, handled or stored upon the grounds of the airport, the applicator shall do so in accordance with the material safety data sheet (MSDS) requirements for each chemical. MSDS sheets for all such materials handled by the applicator shall be made available to the Airport Manager upon request. All federal and state hazardous material and environmental protection acts and regulations must be complied with at all times.
(G) All applicators shall have an operational radio in each airplane during application activities, or shall report to the Airport Manager how communications shall be maintained.
(H) All complaints pertaining to applicator operations shall be handled by the Airport Manager who shall have the authority to resolve complaints or to refer them to the Airport Committee or the City Council for final resolution.
(Prior Code, § 4.07.14.01) (Ord. 853, passed - -) Penalty, see § 60.99