SECTION 5E. Application of chemicals to control aquatic nuisances; licenses; rules and regulations; violations; penalties; applicability of section

No person shall for the purpose of controlling algae, weeds and other aquatic nuisances therein apply chemicals to a lake, pond, stream, or other body of water within the territorial limits of the commonwealth without first obtaining a license from the department of environmental protection in this section and sections five F and five G, called the department. The department shall, upon payment of a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven, issue such license to any person whom it deems responsible and qualified to apply chemicals to lakes, ponds, streams, and other bodies of water for the control of algae, weeds and aquatic nuisances. Such license shall be valid for a period of two years, and may upon payment of a similar fee be renewed by the department for a like period. It shall not be transferable or assignable. Any such license may be revoked for cause by the department. Any applicant or licensee aggrieved by the failure of the department to grant an original license or to renew the same or by the revocation of such license may, within thirty days after such failure or revocation, appeal in writing to the commissioner of the department of environmental management of the executive office of environmental affairs. Said commissioner shall within twenty days of the receipt of such appeal give the appellant a hearing and shall, within thirty days after such hearing, render a decision which shall be a matter of public record.

The department may, after a public hearing, establish rules and regulations relative to the issuance of licenses and the application of chemicals for the control of algae, weeds and other aquatic nuisances and may from time to time amend the same in like manner and may provide penalties for violations of said rules and regulations not exceeding five hundred dollars for any one offence.

Whoever, not being licensed, applies chemicals to a body of water for the purpose of controlling algae, weeds and other aquatic nuisances, except as hereinafter provided, shall be punished by a fine of not less than twenty-five nor more than five hundred dollars.

This section shall not apply to employees and agents of the departments of environmental protection, environmental management, and fisheries, wildlife, and recreational vehicles or of the state reclamation board or of related federal agencies, while in the conduct of their official duties, nor shall it apply to the use of chemicals in privately owned ponds from which there are no flowing outlets, or to algaecides approved by the department and used by legally established water supply agencies to control taste and odors.