Pesticide Management Procedures

For Pesticide Management on MnDOT Property Policy #OE011

Effective Date: December 1, 2022

Introduction

This document is the technical companion to the Minnesota Department of Transportation’s (MnDOT’s) Pesticide Management on MnDOT Property Policy. It provides internal procedures and requirements for work performed on MnDOT right-of-way and other MnDOT-owned property. Any optional procedures are indicated in the document. Any deviation from procedures contained in this document must be approved by Roadside Vegetation Management Unit personnel prior to implementation.

This document should not be construed as a full description of all regulations pertaining to the subject matter. Contact the Roadside Vegetation Management Unit in the MnDOT Office of Environmental Stewardship for additional information.

These procedures use the term “pesticide” for the following chemical categories:

Fungicides, used to control fungi and mold
Herbicides, used to control dangerous or unwanted vegetation not limited to species listed in Minnesota Statutes §§18.76 to 18.91, also known as the “Minnesota Noxious Weed Law.” Herbicides are the most common pesticide applied to MnDOT roadsides.
Insecticides, used to kill, harm, repel, or mitigate one or more species of insects, used on vegetation at high risk of infestation, functional vegetation, or to control insects that pose a threat to public health. Neonicotinoids are a class of insecticides.
Rodenticides, used to kill rodents.

Definitions

Commercial Pesticide Applicator

In Minnesota, a person licensed by the Minnesota Department of Agriculture (MDA) who applies pesticides on a customer’s land or sites. Source: Minnesota Supplement to Category A, 2nd edition, 2012.

Functional Vegetation

Volunteer vegetation or vegetation that is planted which supports the road infrastructure, assists in maintaining safe road use conditions, or provides visual screens to and from adjacent properties. Vegetation functions include erosion control due to water or wind, water infiltration, blowing and drifting snow control, aesthetic qualities, and visual screens adjacent to residential properties and adjacent junk yards. Source: MnDOT’s Transportation Project Development Process (TPDP)

General Use

A pest control product that can be purchased and used by the public. Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014

Indian Country

As defined in 18 United States Code section 1151, Indian country includes reservations, allotments, and dependent Indian communities. Indian country may include off-reservation land.

Note: See the Indian Country Guidance and the MnDOT Tribal Map Application for additional information.

Non-commercial Pesticide Applicator

In Minnesota, a person licensed by MDA who applies pesticides on an employer’s land or sites. Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014

Non-target Organism

Plants or organisms within or near the pesticide-treated area that are not the intended target of the application. Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014

Pest

An undesirable organism (i.e., insect, bacterium, fungus, nematode, weed, virus, or rodent) that injures or harms humans, desirable plants or animals, manufactured products, or natural products). Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014

Pesticide

Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest. Also, any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014

Ready-to-Use

Low-concentration formulations that require no further dilution before application. Source: National Pesticide Applicator Certification CORE Manual, 2nd editions, 2014

Restricted Use Pesticide (RUP)

As specified in 40 CFR 152.175, pesticides classified for restricted use:

Purchased only by a certified pesticide applicator;
Used only by a certified pesticide applicator; and
Not available for use by the public because of high toxicities and/or environmental hazards

Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014

Safety Data Sheets (SDS)

An information sheet available from the manufacturer that provides details on chemical properties, toxicity, first aid, hazards, personal protective equipment, and emergency procedures to be followed in the event of a spill, leak, fire, or transportation crisis. Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014 (See also: MnDOT Safety Data Sheets Spreadsheet)

Target

The object or “target” of pest control management (plants, animals, or pests). Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014

Transportation Asset Management System (TAMS)

MnDOT’s internal record-keeping system that contains the MDA pesticide application requirements, as required by Minnesota Statutes §18B.37.

Volunteer Vegetation

Vegetation that grows on its own rather than being deliberately planted.

Procedures

Pesticide Training and Safety Requirements

Employees applying any pesticide must complete an annual Employee Right-to-Know/Hazard Communication Training required under Minnesota Rules Chapter 5206 and have current MnDOT Pesticide Applicator (in-person or e-learning) training.
Employees applying pesticides must wear personal protective equipment as required by the label of the pesticide in use; refer to the pesticide label and Safety Data Sheet.
Safety Data Sheets must be readily accessible for all pesticides prior to employee use in accordance with Federal OSHA 1910.1200 "Hazard Communication" and Minnesota Rules, Part 5206.0800.

Pesticide Licensing

Employees applying any Restricted Use Pesticide must hold a valid non-commercial pesticide license issued by the MDA that includes Categories A and J. Additional categories may be required based on the pesticide applied. See Minnesota Statutes §18B.30and MDA Pesticide Applicator License Types for more information.
Employees applying any pesticide must complete an annual MnDOT pesticide-training course.
All non-ready-to-use pesticides and pesticide mixes must be mixed by a licensed applicator.
Employees applying any neonicotinoid insecticide must work with MnDOT’s Office of Environmental Stewardship, Roadside Vegetation Management Unit, to obtain a “verification of need” from the MDA as required by Executive Order 16-07 (PDF) prior to application.

Third Party Vegetation Management/Pesticide Application

MnDOT must ensure that all contractors applying pesticides on MnDOT property have an MDA-issued Commercial Applicator License in Categories A and J and any additional required categories based on the pesticide applied.
Any contract for application of any neonicotinoid insecticide must require the contractor to work with MnDOT’s Office of Environmental Stewardship, Roadside Vegetation Management Unit, to obtain a “verification of need” from the MDA as required by Executive Order 16-07 (PDF) prior to application.
After the application of a pesticide, the MnDOT contract manager must obtain the application record from the contractor and enter the application into TAMS or submit the record to the District Maintenance Supervisor within two weeks of receipt from the contractor.
Any party wanting to manage roadside vegetation directly adjacent to their property may apply for a miscellaneous work permit. Under this permit, vegetation must be managed according to Minnesota Statutes §18D and any application of pesticides requires the applicator to have an MDA-issued Commercial Applicator License in Categories A and J and any additional required categories based on the pesticide applied. The permittee must submit a record of pesticide application to MnDOT within two weeks of applying the pesticide.
Any party wanting to manage roadside vegetation not directly adjacent to their property may apply for a Highway Sponsorship License. Under this license, vegetation must be managed according to MN Statutes §18D and the vegetation management plan submitted with license application. Any application of pesticides requires the applicator to have an MDA-issued Commercial Applicator License in Categories A and J and any additional required categories based on the pesticide applied. The permittee must submit a record of pesticide application to MnDOT within two weeks of applying the pesticide.

Purchasing Pesticides

Employees must only procure pesticides that are registered with the United States Environmental Protection Agency (EPA) and the Minnesota Department of Agriculture (MDA). If there is a conflict between the EPA and MDA, the more restrictive requirements apply.

Employees must procure herbicides through the State of Minnesota Herbicides and Herbicide Technical Service Contract, Contract Release H-65(5), available through the MnDOT inventory center.
Pesticides purchased must include “for use on rights of way” on its label.
Pesticide container volume must be 55 gallons or less.
Ready to Use formulations of herbicides that are on the referenced contract are available for purchase through MnDOT inventory centers. Contact the MnDOT Roadside Vegetation Unit for guidance on products that are not on the referenced contract.

Storing and Disposing of Pesticides

Employees must store and dispose of pesticides in accordance with the Minnesota Department of Agriculture’s Storage Requirements and Pesticide Containers: Management and Disposal.
In addition to MDA requirements, MnDOT procedures for pesticide storage are:

Store pesticides indoors in a secure area (building that can be locked) where the minimum temperature is 32° F. Some pesticides may require a higher minimum storage temperature. Read all pesticide labels and follow the requirements.
Secondary containment located in a designated area dedicated for pesticides is required for all pesticides.

Designated storage area must be signed.
Pesticide containers must be stored within the secondary containment or within a structure built with its own secondary containment.
Secondary containment is required anywhere pesticides are stored, including short-term storage.

Fire extinguishers must be present in the designated pesticide area.

In addition to MDA requirements for pesticide disposal, MnDOT procedures for disposal include:

Return unused pesticide to vendor(s) if possible.
Return reusable pesticide containers to vendor(s) if possible.
Dispose of unwanted pesticides by contacting the District Representative to the Statewide Waste Management Team to dispose of through a MnDOT approved Hazardous Waste Contractor.
See MnDOT’s Abandoned Container Policy for pesticide containers abandoned on MnDOT right-of-way.

Recording Pesticide Use

Employees must complete an application record within five days of applying pesticides, using the MnDOT Transportation Asset Management System (TAMS).

Pesticide Application

Application to MnDOT Right of Way and Facilities within Indian Country

MnDOT must refrain from applying pesticides within Indian Country until proper coordination with the Tribal Nation for the Area has occurred. MnDOT has communication tools in place with Tribal Nations in Minnesota including Tribal-MnDOT Environmental Contacts and Procedures and Roadside Vegetation Management Memorandums of Understanding (MOU). These documents identify the contact personnel for the tribe and MnDOT for specific environmental topics, including pesticide application. Refer to the Tribal-MnDOT Environmental Contacts and Proceduresto determine the steps necessary to coordinate with the Tribal Nation before applying pesticides within Indian Country.

The Fond du Lac Band of Lake Superior Chippewa and Grand Portage Band of Lake Superior Chippewa have MOUs with MnDOT to address vegetation and vegetation control on rights of way through their respective Reservation boundaries. Refer to the applicable Roadside Vegetation Management Memorandum of Understanding prior to applying pesticides within these Reservation boundaries.

Application to Encampments

When pesticides are applied in known, frequently-occupied encampment areas, the area should be posted/flagged to notify potential occupants of application. At least two postings or flags should be placed for every 5,000 square feet of treated area and should include the following information:

Name and type of pesticide applied
Date of application
When it is safe to enter area

Herbicide Use

For herbicide applications to be most effective, the herbicide applicator should have some autonomy to plan and schedule their work. Herbicide applicators must evaluate growing conditions to determine when target vegetation is most susceptible to herbicide. Herbicides should be applied at the smallest rate to achieve the desired result.

Herbicide applicators should have a working knowledge of integrated vegetation management, plant biology, herbicide mode of action, and safety precautions. Herbicide applicators should have a basic understanding of potential interactions that can occur between soils, water chemistry, topography, and target vegetation, including possible interactions related to weather conditions and potential impacts to surrounding land use.

Herbicide applicators must be trained or licensed in Categories A and J. According to MDA, truck stations, tower sites, headquarter facilities, and rest areas are covered under Category J and do not require an additional category. When herbicides are applied to submerged vegetation, Category F is required.

Applicators should:

Be knowledgeable about target and common non-target plant identification.
Be aware of integrated approaches to vegetation control.
Use the correct application rate with the smallest amount of herbicide needed to achieve the desired result.
Treat vegetation when it is most susceptible to the herbicide.
Not treat woody vegetation over six feet in height with foliar-applied herbicide prior to September 15.

When application to woody vegetation above 6 feet is necessary prior to September 15, cut vegetation as low to the ground as possible and treat re-growth.
After September 15, when foliar application is performed over six feet in height, equipment must have an enclosed cab.

Refer to the Herbicide Options Sheets for information on commonly used herbicides.
Use appropriate equipment to apply the most effective rate with little to no off-target application.
Be aware of lands identified on Driftwatch to inform herbicide type and application timing. Consult with supervisor about contacting identified landowner to provide education about planned right of way vegetation management methods.

Herbicide Application at MnDOT Facilities with Public Use Areas

MnDOT rest areas and high public use areas that are treated with herbicides, including weed-n-feed, must be posted/flagged to notify users of application. Posting/flagging must include the following:

Name of herbicide applied
Date of application
When it is safe to enter area

Insecticide Use

Trained, non-licensed applicators may only apply general use, ready to use insecticides. In general, insecticides are limited to treating only high value, functional vegetation at high risk of infestation or to control insects which pose a threat to public health in high-use areas. Applicator must use all required personal protective equipment listed on the label and adhere to restrictions as directed by the label.

Applicator must limit use of systemic insecticides, including neonicotinoids. If a neonicotinoid insecticide is required, the applicator must work with the Office of Environmental Stewardship, Roadside Vegetation Management Unit to obtain a “verification of need” from the MDA as required by Executive Order 16-07 (PDF) prior to application.

MnDOT may contract insecticide applications to debris on the roadside to limit maintenance staff’s exposure to public health nuisance insects. When this occurs, the applicator must post/flag the site following application. Posting/flagging must include the following:

Name of insecticide used
Date of application
When it is safe to enter the area