[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 5-2-1989
by Ord. No. 89-6-1009. Amendments noted where applicable.]
The following words and terms, when used in this chapter, shall have
the following meanings:
The Pesticide Control Act of 1971, as amended, N.J.S.A. 13:lF-1 et
seq.
Any ingredient which will prevent, destroy, repel, control or mitigate
pests or which will act as a plant regulator, defoliant or desiccant.
Any plant or part thereof or animal or animal product produced by
a person, including farmers, ranchers, vineyardists, plant propagators, Christmas
tree growers, aquaculturists, floriculturists, orchardists, foresters or other
comparable persons, primarily for sale, consumption, propagation or other
use by man or animal.
The characteristic designation by words, symbols, name, number or
trademark of a specific particular pesticide or formulation thereof under
which the pesticide is distributed, sold, offered for sale, handled, stored,
used or transported in the State of New Jersey.
Any person, whether or not he is a private applicator with respect
to some uses, who uses or supervises the use of any pesticide for any purpose
or on any property other than as provided by the definition of "private pesticide
applicator."
Any person who applies pesticides by equipment other than aerial
under the direct supervision of a certified and registered responsible pesticide
applicator.
Any pesticide application performed on aggregate areas greater than
three acres of land which is part of a pest-control program administered by
a governmental agency or which is contracted for or performed by one person
who has control over the use of the land to which the pesticide is applied.
Any person who hires a commercial pesticide applicator business to
perform an ornamental pest control application utilizing hydraulic spraying
equipment operating at a rate greater than 200 pounds per square inch and
10 gallons per minute, airblast sprayers or aerial application equipment on
property owned or controlled by him. For the purposes of this definition,
the term "customer" shall include any person who makes such application on
property owned or controlled by him.
The United States Environmental Protection Agency.
Trees, shrubs and other plantings in and around habitations generally,
but not necessarily located in urban and suburban areas, including residences,
parks, streets, retail outlets, industrial and institutional buildings.
Includes corporations, companies, associations, societies, firms,
partnerships and joint-stock companies, as well as individuals, and shall
also include all political subdivisions of this state or any agencies or instrumentalities
thereof.
Any insect, rodent, nematode, fungus, weed or any other form of terrestrial
or aquatic plant or animal life or virus, bacteria or other microorganism
(except viruses, bacteria or other microorganisms on or in living man or other
animals) which is injurious to health or the environment.
Includes any substance or mixture of substances labeled, designed
or intended for use in preventing, destroying, repelling or mitigating any
pest or any substance or mixture of substances labeled, designed or intended
for use as a defoliant, desiccant or plant regulator, provided that the term
"pesticide" shall not include any substance or mixture of substances which
the EPA does not consider to be a pesticide.
Any person who, either wholly or in part, holds himself out for hire
to apply pesticides in the State of New Jersey.
Any person who uses or supervises the use of any pesticide for purposes
of producing any agricultural commodity on property owned or rented by him
or his employer or, if applied without compensation, other than the trading
of personal services between producers of agricultural commodities, on the
property of another person.
An official designated by the municipality, subject to approval by
the New Jersey Department of Environmental Protection, whose duties are to
enforce the rules and regulations promulgated under this chapter.
Any individual who is accountable for the use of a pesticide by himself
or any person under his direct supervision.
Any pesticide or pesticide use so classified under the provisions
of N.J.A.C. 7:30-2 or amendments or supplements or so classified by the Administrator
of the United States Environmental Protection Agency.
Pesticide rules and regulations promulgated under the Act and codified
in N.J.A.C. 7:30, amendments or supplements.
A specific location, including but not limited to any crop, commodity,
object, delineated field or area or structure or part thereof, that is intended
to be treated by a pesticide so that any pests therein or thereon are controlled.
This term does not include any similar site which was not a part of the original
agreement between the contracting parties even if such site is included on
the label or labeling of the pesticide.
Any act of handling or release of a pesticide or exposure of man,
property or the environment to a pesticide through acts which include but
are not limited to:
A.
No person shall engage in the activities of a commercial
pesticide operator without having satisfied the applicable requirements established
by the New Jersey Department of Environmental Protection and having obtained
a valid pesticide operator registration issued by the Department.
B.
Each commercial pesticide operator shall at all times
have in his/her possession the valid registration card and shall produce it
upon request by proper enforcement personnel.
A.
No person shall engage in the activities of a commercial
pesticide applicator without having satisfied the applicable requirements
established by the New Jersey Department of Environmental Protection and having
obtained a valid commercial pesticide applicator registration issued by that
Department.
B.
Each commercial pesticide applicator shall at all times
have in his/her possession a valid registration card and shall produce it
immediately upon request by proper enforcement personnel.
C.
Each commercial pesticide applicator must keep records
of each application of pesticides in accordance with provisions of state regulations.
Such records shall be made available to all proper enforcement personnel.
D.
Each commercial pesticide applicator shall register the
name and address of each customer with the Borough Clerk.
No person shall engage in the activities of a pesticide applicator business
without having satisfied the applicable requirements established by the New
Jersey Department of Environmental Protection and having obtained a valid
pesticide applicator business registration issued by that Department. The
business registration shall be made available immediately upon request of
proper enforcement personnel.
A.
No person shall engage in the activities of a private
pesticide applicator without having satisfied the applicable requirements
established by the New Jersey Department of Environmental Protection and having
obtained a valid private pesticide applicator registration issued by that
Department.
B.
The valid registration card shall be made available within
24 hours of the request of proper enforcement personnel.
C.
All private pesticide applicators must keep records of
each application of pesticides in accordance with provisions of state regulations.
Such records shall be made available to all proper enforcement personnel.
A.
Permit required.
(1)
Any person engaged as a private or commercial pesticide
operator or applicator in an ornamental, areawide or community-wide pest control
application utilizing hydraulic spraying equipment operating at a rate greater
than 200 pounds per square inch and 10 gallons per minute, airblast sprayers
or aerial application equipment on a property must secure a permit from the
Cresskill Borough Clerk at least 96 hours prior to the commencement of the
work. A prerequisite to the permit application is the possession and display
of a valid pesticide operator or applicator registration issued by the New
Jersey Department of Environmental Protection and a certificate of insurance
reflecting the type of coverage and policy limits referred to herein. A fee
of $10 shall be charged and paid before the issuance of said permit.
(2)
The information required to secure the permit shall be such information as is required to be in the notice to area residents within 500 feet, as listed in § 196-14 as applicable.
(3)
If the application of the pesticide is by aerial spraying,
such application shall include, in addition to the previously stated information:
(a)
The area, by lot and block numbers, to be sprayed.
(b)
The aircraft, by registration number, model and general
description, to be used in the spraying.
(c)
The identity of the pilot of the aircraft and his pesticide
applicator license number.
(d)
The name, address and telephone number of the person
making the application for registration.
(e)
The name and address of the insurance carrier insuring
the aircraft and the policy number of a public liability and property damage
insurance policy covering personal injury and property damage resulting from
the spraying and operation of the aircraft. Said coverage shall meet or exceed
the standards set forth below:
B.
Persons using hand-held and hand-operated pesticide spraying
equipment operating at a rate of 200 pounds per square inch and 10 gallons
per minute or lower who personally apply a pesticide solely within the boundary
of their own property shall be exempt from the permit and notification requirements.
The aerial spraying of pesticides other than microbial insecticides
for nonagricultural uses is specifically prohibited.
Application of pesticides requiring a permit shall be permitted from
dawn to dusk in all areas of the Borough, except within 1/2 mile of an apiary
enrolled with the Borough Clerk and either the New Jersey Department of Environmental
Protection or the New Jersey Beekeepers Association. Such application of pesticide
shall not be permitted between the hours of 10:00 a.m. and 7:00 p.m.
No person shall store restricted-use pesticides without first meeting
the applicable provisions of state regulations.
No person shall add water to any pesticide handling, storage or application
equipment via a hose, pump or other equipment unless such hose, pump or other
equipment is fitted with an effective valve or device to prevent backflow
of pesticides or liquids containing pesticides into water supply systems,
streams, lakes, other sources of water or other areas, except that such backflow
devices or valves are not required when the hose, pump or other equipment
is not allowed to contact or fall below the level of the liquid in the handling,
storage or application equipment to which water is being added and no other
possible means of establishing a backsiphon or backflow exists.
All persons having employees who use, apply, transport or otherwise
handle any pesticide shall make available to such employees any necessary
and appropriate safety equipment in good working order and shall train such
employees in the proper operation of such safety equipment.
Any resident of the Borough of Cresskill may request notification of
outdoor pesticide applications by enrolling with the Cresskill Borough Clerk
by April 1 of each calendar year. Failure to comply with the request for notification
by April 1 will relieve the Borough of Cresskill, the customer and/or the
responsible pesticide operator or contractor of all responsibility for notification
only.
A.
No person shall apply any pesticide on a community-wide
or areawide basis unless prior notification of the proposed application has
been given to persons residing in the vicinity of the proposed target site.
(1)
The notification shall be made in at least two newspapers
having the greatest likelihood of informing the public within the area of
application.
(2)
The newspaper notification must be given a maximum of
60 days and a minimum of seven days prior to the proposed application date.
(3)
The notification must contain at least:
(a)
The proposed application date.
(b)
The location of the application.
(c)
The name, address and registration number of the applicator
business or the responsible pesticide applicator associated with the application.
(d)
The brand name and active ingredients of the pesticide(s)
to be used.
(e)
The application equipment to be used.
(f)
The name, address and phone number of a person who may
be contacted and is responsible for supplying updated information on the advertised
pesticide applications to those persons requesting it.
(g)
The name, address and policy number of the insurance
company which covers the customer, operator and/or contractor for claims and
suits. Said liability insurance must be in at least the amount of $1,000,000
per claim and $3,000,000 per aggregate, as well as $500,000,000 for property
damage claims for each occurrence.
(4)
Upon request by a person residing in the vicinity of the proposed target site to a person designated pursuant to Subsection A(3)(f) above, such designated person shall provide, at a minimum, the following information at least 12 hours prior to the application, except that if a reasonable attempt to provide notice is unsuccessful, an attempt to notify such person by telephone shall be made immediately prior to the application:
(5)
The person designated pursuant to Subsection A(3)(f) above shall maintain a record of all telephone calls, attempted and completed, with persons requesting information referred to in Subsection A(4) above and a file of related correspondence. Such record and file shall be made available to the proper enforcement personnel upon request. The minimum information required to be kept on the call record shall include:
(6)
The person making the application subject to the notification
requirements shall keep a record of the newspapers in which the advertisement
was placed and the dates published. This information shall be made available
to the proper enforcement personnel upon request.
B.
The provisions of the section shall not apply to any
pesticide application which is made for the purpose of producing an agricultural
commodity, mosquito larviciding applications or the application of granular
formulations in nonresidential areas.
A.
No person shall cause or allow an outdoor ornamental
pest control application utilizing hydraulic spraying equipment operating
at a rate greater than 200 pounds per square inch and 10 gallons per minute,
airblast sprayers or aerial application equipment on property owned or controlled
by him unless the following procedures have been implemented:
(1)
The customer shall obtain copies of notices from the
commercial pesticide applicator and shall mail by certified mail, return receipt
requested, such notices, at least 48 hours prior to the proposed application,
to residents of property within 200 feet of the customer's property, such
notice to contain the following information:
(a)
A general statement of the purpose of the notification
and procedures to follow to obtain additional updated information.
(b)
The proposed application date(s).
(c)
The location of the application.
(d)
The name, address and registration number of the applicator
business or the responsible pesticide applicator associated with the application.
(e)
The brand name and active ingredients of the pesticide(s)
to be used.
(f)
The name, address and phone number of the applicator
who may be contacted and who is responsible for supplying updated information
on the proposed pesticide applications to those persons requesting it.
(2)
Upon the request of any resident of property notified
pursuant to Subsection A(l) above to the applicator designated in the notice,
such designated applicator shall provide, at a minimum, the following information
at least 12 hours prior to the application, except that, if a responsible
attempt to provide notice is unsuccessful, an attempt to notify such person
by telephone shall be made immediately prior to application:
(3)
The applicator designated pursuant to Subsection A(l)(f) above shall maintain a record of all telephone calls attempted and completed with persons requesting information referred to in Subsection A(2) above and a file of related correspondence. Such record and file shall be made available to the proper enforcement personnel upon request. The minimum information required to be kept on the call record shall include:
(4)
The customer shall keep a record or file of the notice
he provided, which may include a copy of the receipt for the certified letter(s),
if certified mail is utilized.
(5)
The provisions of this section shall not apply to an
additional application made on the same day in the same locality as an application
governed by this section, if the following requirements are satisfied:
(a)
The customer demonstrates to the satisfaction of the
local governing authority that he had not hired the applicator more than 48
hours prior to the start of the application governed by this section.
(b)
The customer has personally contacted residents of property
on which the application is proposed and no objections were raised.
B.
Prior to performing an outdoor ornamental pest control application subject to the notification provisions, the commercial pesticide applicator shall provide the contractor with a written statement outlining the contractor's notification responsibilities and the specifies of the proposed application referred to in Subsection A(1) or (2) above.
C.
The contractor may delegate, in writing, his notification
responsibilities to the commercial pesticide applicator, provided that the
commercial pesticide applicator agrees, in writing, to assume the notification
responsibilities as delineated in the chapter.
D.
The commercial pesticide applicator is not responsible for any actions resulting from the failure of the contractor to fulfill his notification obligations unless the contractor has delegated and the commercial pesticide applicator has assumed the notification responsibilities as stated in Subsection C above.
E.
The provisions of this section shall not apply to any
pesticide application which is made for the purpose of producing an agricultural
commodity or to any person required to supply advance notification pursuant
to the provisions of N.J.A.C. 7:30-10.9, as amended and/or supplemented.
F.
The provisions of this section shall not apply where
the target site is greater than 200 feet from the customer's property line.
A.
No person shall make an outdoor application of a pesticide
product which has information on its label or labeling noting that the product
is toxic to bees unless such person first notifies, at least 36 hours prior
to the application, each apiarist who:
(1)
Desires notification;
(2)
Maintains an apiary which is located within one-half
mile of the target site; and
(3)
Has been registered with either the New Jersey Department
of Environmental Protection or the New Jersey Beekeepers Association by April
1 of the calendar year in which the applications subject to the notification
requirements of this section will occur.
B.
Notification pursuant to Subsection A above may be given to the apiarist directly or, in the case of any apiarist registered with the New Jersey Beekeepers Association, through the local designated agent of that association, provided that the agent has agreed to make the required notification and has himself been given notification at least 72 hours prior to the intended application.
C.
The notification must include the following information:
(1)
The intended date of the application.
(2)
The approximate time of the application.
(3)
The brand name and active ingredient(s) of the pesticide
to be applied.
(4)
The location of the land on which the application is
to be made.
(5)
The name and certified pesticide applicator registration
number of the responsible pesticide applicator.
D.
If the application date is changed so that the application
will not occur on the intended date specified in the original notification
of application but will be conducted during the next consecutive day, notification
must be given to the individual apiarist as soon as reasonably possible but
not later than 10:00 p.m. the night prior to the new application date.
E.
If the owner or operator of an apiary does not choose
to move, cover or otherwise protect the apiary, the application may be made
without delay, provided that such application complies with the pesticide
labeling and any provisions of the Act[1] or any rules and regulations promulgated thereunder.
[1]
Editor's Note: "The Act" refers to the Pesticide Control Act of 1971,
as amended. N.J.S.A. 13:1F-1 et seq.
F.
The provisions of this section shall not apply to any
person using a pesticide on an aggregate area less than three acres, provided
that the application is not made with hydraulic spraying equipment operating
at a rate greater than 200 pounds per square inch and 10 gallons per minute,
airblast sprayers or aerial equipment.
G.
Any person required to notify apiarists pursuant to the
provisions of this section shall not be responsible for notifying any apiarist
who cannot be notified because:
(1)
The New Jersey Department of Environmental Protection
and the New Jersey Beekeepers Association have failed to provide information
deemed necessary by the department for such notification; or
(2)
The New Jersey Beekeepers Association has failed to or
been unable to notify any apiarist(s) after agreeing to do so.
H.
The provisions of this section shall not apply to any
pesticide application which is made for agricultural purposes, except to the
crops within the dates and/or stage as stated below:
|
Type of Crop
|
Dates or Stage
| |
|---|---|---|
|
Apples
|
April 15 to May 15
| |
|
Pears
|
April 15 to May 15
| |
|
Strawberries
|
April 15 to May 15
| |
|
Blueberries
|
April 15 to May 31
| |
|
Cranberries
|
June 15 to August 15
| |
|
Holly
|
June 1 to June 30
| |
|
Vine crops (cucumbers)
|
June 1 to August 31
| |
|
Sweet corn
|
Flowering stage
|
A.
The Police Department and its officers and employees
shall be the enforcing agency of these provisions.
B.
Any person who shall violate any of the provisions of
this chapter shall, upon conviction, be punished by a fine not to exceed $500
or by imprisonment for a period not to exceed 90 days, or by both such fine
and imprisonment.
C.
A copy of the report of such enforcement action(s) will
be forwarded to the Bureau of Pesticide Control within the New Jersey Department
of Environmental Protection.
[Added 5-20-1992 by Ord.
No. 92-6-1069]
Compliance with the Borough Code shall not constitute a defense against the violation of any provision under N.J.A.C., Title 7, Chapter 30, since the Borough ordinance is a supplement to the New Jersey Administrative Code. If the Borough Code is contradictory to anything stated in N.J.A.C., Title 7, Chapter 30, then the Administrative Code will supervene. Where the Administrative Code makes no reference to a particular area, the Borough Code shall serve as a supplement and be followed.
