West Nile Virus (WNV) and Eastern Equine Encephalitis (EEE) --
For Municipal Officials

Although Maine has not yet experienced its first case of human West Nile Virus (WNV) or Eastern Equine Encephalitis (EEE) infection, the Maine CDC believes will will eventually occur. It’s likely that the risk of seeing human infections will continue for many years to come.

During the past few years, municipal officials have increasingly been called upon to respond to concerns regarding WNV and EEE prevention and control. Municipal officials may be approached by the citizens of affected communities to answer questions about prevention, as well as to discuss pest management strategies. Therefore, municipal officials should be aware of the facts about WNV and EEE and effective prevention and control measures.

The following information is based on the April 2004 public service training on West Nile Virus ("Maine's Municipalities and the Threat of West Nile Virus") hosted by the Maine Municipal Association, from information provided by the DEP, the Bureau of Health, and the Board of Pesticide Control.

How should a town respond to a report of a bird infected with the West Nile Virus?

It’s important to inform the community that WNV or EEE has been documented in the area. Municipal officials can provide schools and other community institutions with printed information about WNV or EEE, educate on the importance of personal protection, assess possible mosquito breeding grounds (such as old tires, standing water, certain natural habitats, etc.), or consider more aggressive mosquito control measures. The exact location (e.g. street address) at which an infected dead bird is found has no particular importance; it only suggests the possible presence of WNV or EEE in the general area. For this reason, the Maine CDC recommends that public information about this location refer only to the neighborhood or local area where the bird was found. For further guidance, municipal officials can contact state agencies including but not limited to the Maine Bureau of Health, the Department of Environmental Protection, the Board of Pesticide Control (BPC) at the Department of Agriculture. (Note: it’s also important for officials and citizens alike to understand that the lack of positive bird reports in an area does not mean that WNV or EEC is not present.)

What simple steps can a town advise homeowners to take, and what steps can a town take around its own municipal buildings without a license from DEP?

See the Homeowners Page.

Can a town spray in order to control mosquitoes?

Municipal employees must be licensed by the Board of Pesticide Control (BPC) for any use of a pesticide as part of their official duties and may only apply pesticides to municipal properties. Municipal entities needing licenses include municipal and quasi-municipal organizations like Parks and Recreation Departments, Public Works, Cemetery Maintenance, Water & Sewer Districts, Housing Authorities, etc.

The BPC also requires licensing whenever pesticides are applied in areas open to the public. These areas could include parks, campgrounds, apartment or condominium grounds, common areas of apartment buildings and many other areas. If a municipality hires an outside company to do pest control, that municipality must be sure the applicator company has the appropriate licenses. The BPC recommends obtaining proof of licensure even before entertaining a bid from an outside pest control company.

Pesticides covered by these rules include insecticides to kill mosquito larvae like Bacillus thuringiensis (var. israelensis) (BTI), Bacillus sphaericus (Bs), and temephos, insecticides to kill adult mosquitoes like malathion, naled and the pyrethroids and any other pest control products both organic and synthetic.

When does a person need a license to use a pesticide?

A person must have a commercial Pesticide Applicator's Licence from the BPC if any one of the following applies.

What can a town do to diminish the risk posed by standing water?

The answer to this question depends on whether the standing water constitutes a natural resource protected by state law and what actions are proposed. Discharges to waters of the State (including pesticides) are regulated under Maine's Waste Discharge Law. Alterations of wetlands, such as draining and filling, are regulated under the Natural Resources Protection Act.

"Waters of the State" means streams, rivers, lakes, ponds, marine waters, freshwater and coastal wetlands, and groundwater. (38 M.R.S.A. § 361-A (7))(off-site)
"Protected Natural Resources" means all of the above mentioned surface waters as well as coastal sand dune areas and significant wildlife habitats (38 M.R.S.A. § 480-B) (off-site).

To contact the DEP’s Division of Water Resource Regulation in Augusta, please call (207) 287-3901 or 1-800-452-1942. Call this division if you have questions about discharges to waters of the State.

To contact the DEP’s Division of Land Resource Regulation, please call the nearest office. Call this division if you have questions about draining or filling wetlands.

Location Telephone Numbers
Portland (207) 822-6300 or 1-888-769-1036
Augusta (207) 287-3901 or 1-800-452-1942
Bangor (207) 941-4570 or 1-888-769-1137

How might regulations pertaining to the use of pesticides change if we had human cases of WNV or EEE in our town?

The occurrence of cases of WNV or EEE infection in humans in an area does not in and of itself affect any of the pesticide regulations. In the unlikely event of a severe or extensive outbreak of WNV or EEE infection, the Governor has the power to declare an “extreme public health emergency” that could include measures leading to the suspension of some regulations regarding pesticide use. In the event of such an unlikely scenario, that information will be made widely available through the media or through inquiries to any of the regulatory agencies involved.