[HISTORY: Adopted by the Council of the Borough of Fair Lawn 4-11-1990 by Ord. No. 1446-90. 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:IF-1 et seq.
- ACTIVE INGREDIENTS
- Any ingredient which will prevent, destroy, repel, control or mitigate pests, or which will act as a plant regulator, defoliant or desiccant.
- AGRICULTURAL COMMODITY
- 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.
- BRAND or BRAND NAME or TRADE NAME
- 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.
- COMMERCIAL PESTICIDE APPLICATOR
- Any person (whether or not he/she is a private pesticide 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 employee of a governmental agency who engages in the use and application of pesticides as is necessary within the scope of his/her employment is considered a commercial applicator.
- COMMERCIAL PESTICIDE OPERATOR
- Any person who applies pesticides by equipment other than aerial under the direct supervision of a certified and registered responsible pesticide applicator.
- COMMUNITY OR AREA WIDE
- Any pesticide application performed on aggregate areas greater than three acres of land or water which is either part of a pesticide control program performed or contracted by a governmental agency or is performed by or contracted for 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 ornamental, turf or structural pesticide applications at property in the Borough of Fair Lawn.
- The United States Environmental Protection Agency.
- GROUND LEVEL SPRAYING
- Spraying done from a height less than two feet above the ground and in a downward direction.
- The New Jersey Department of Environmental Protection.
- NON-TARGET SITE
- Any location that is not a target site.
- Trees, shrubs and other planting in and around habitations, 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.
- PESTICIDE APPLICATOR BUSINESS
- Any person who either wholly or in part holds himself/herself out for hire to apply pesticides in the State of New Jersey.
- PRIVATE PESTICIDE APPLICATOR
- Any person who uses or supervises the use of any pesticide for purpose of producing any agricultural commodity on property owned or rented by him/her or his/her employer or if applied without compensation on the property of another person.
- PROPER ENFORCEMENT PERSONNEL
- Officials designated by the municipality, whose duties are to enforce the rules and regulations promulgated under this chapter.
- RESPONSIBLE PESTICIDE APPLICATOR
- Any individual who is accountable for the use of a pesticide by himself/herself or any person under his/her direct supervision.
- RESTRICTED USE PESTICIDE
- Any pesticide or pesticide use so classified under the provisions of N.J.A.C. 7:30-2 or so classified by the Administrator of the United States Environmental Protection Agency.
- STATE REGULATIONS
- Pesticide rules and regulations promulgated under the Act and codified in N.J.A.C. 7:30.
- Buildings, foundations, sheds and other man-made structures that may be treated with pesticides for the prevention, control and/or destruction of termites, ants, mice, roaches and/or other pests.
- SUBTERRANEAN APPLICATION
- The placement of any pesticide:
- TARGET SITE
- A specific location, including but not limited to any crop, commodity, object, delineated field or area, 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 people, property or the environment to a pesticide through acts which include but are not limited to:
No person shall engage in the activities of a commercial pesticide operator without having satisfied the applicable requirements established by the NJDEP and having obtained a valid pesticide operator registration issued by that Department.
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.
Each commercial pesticide operator shall register annually with the Fair Lawn Health Department by producing a valid registration certified for the appropriate pesticide use issued by the NJDEP and shall receive a copy of this chapter. Said operator shall also be issued a dated municipal identification card affirming registration with the borough and shall pay an annual fee, as set from time to time by resolution of the Borough Council, for the same. The fee shall not be required from state, county or borough government entities or their employees acting on their behalf.
No person shall engage in the activities of a commercial pesticide applicator without having satisfied the applicable requirements established by the NJDEP and having obtained a valid commercial pesticide applicator registration issued by that department.
Each commercial pesticide applicator shall at all times have in his/her possession the valid registration card and shall produce it upon request by proper enforcement personnel.
Each commercial pesticide applicator must keep records of each application of pesticides in accordance with the provisions of state regulations. Such records shall be made available to all proper enforcement personnel.
Each commercial pesticide applicator shall register annually with the Fair Lawn Health Department by producing a valid registration certified for the appropriate pesticide use issued by the NJDEP and shall receive a copy of this chapter. Said operator shall also be issued a dated municipal identification card affirming registration with the borough and shall pay an annual fee, as set from time to time by resolution of the Borough Council, for the same. The fee shall not be required from state, county or borough government entities of their employees acting on their behalf.
No person shall engage in the activities of a pesticide applicator business without having satisfied the applicable requirement established by the NJDEP and having obtained a valid pesticide applicator business registration issued by that department. The business registration shall be made immediately available upon request of proper enforcement personnel.
A pesticide applicator business may register with the Fair Lawn Health Department and obtain the Fair Lawn municipal identification card(s) required in §§ 166-2C and 166-3D of this chapter for itself employees by producing valid registrations issued by the NJDEP for itself and those employees for whom a Fair Lawn registration card is desired and by paying a fee, as set from time to time by resolution of the Borough Council, per registration card. When a single pesticide applicator business is obtaining multiple registration cards for itself and its employees, the total fee shall not exceed an amount as set from time to time by resolution of the Borough Council.
The pesticide applicator business 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.
No person shall engage in the activities of a private pesticide applicator without having satisfied the applicable requirements established by the NJDEP and having obtained a valid private pesticide applicator registration issued by that department.
The valid registration card shall be made available within 24 hours of the request of proper enforcement personnel.
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.
No person shall store restricted use pesticides without first meeting the applicable provisions of state regulations.
No person shall mix, apply or use a pesticide unless a readable copy of the registered label for the pesticide which is being mixed or applied is available at the application or mixing site.
No person shall make an application of a pesticide to a target site in such a manner or under such conditions that drift or other movement of the pesticide, which is avoidable through reasonable precautions, infringes on a non-target site.
No person shall directly apply any pesticide to a non-target site or apply pesticide in a manner that causes damage to non-target sites.
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, method or device to prevent backflow of pesticides or liquids containing pesticides into water supply systems, streams, lakes, other sources of water or other areas.
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.
No person shall apply any pesticide on a community or area wide basis unless prior notification of the proposed application has been given to persons residing in the vicinity of the proposed target site.
The notification shall be made through advertisement in at least two newspapers having the greatest likelihood of informing the public within the area of application. The notice shall be placed in the local advertisement section.
The newspaper notification must be given a maximum of 30 days and a minimum of seven days prior to the proposed application date.
The notification must contain at least:
The proposed application date;
The location of the application;
The name, address and registration number of the applicator business or the responsible pesticide applicator associated with the application;
The brand name and active ingredients of the pesticide(s) to be used;
Application equipment to be used;
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; and
The New Jersey Poison Information and Education System telephone number for emergencies and the New Jersey Department of Health and borough telephone numbers for routine health inquiries.
Upon the request by a person residing in the vicinity of the proposed target site, to a person designated pursuant to § 166-9A(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.
The person designated pursuant to § 166-9A(3)(f) above shall maintain a record of all telephone calls, attempted and completed with persons requesting information referred to in § 166-9A(4) above and a file of related correspondence. Such record and file shall be available to the proper enforcement personnel upon request. The minimum information required to be kept on the call record shall include:
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.
The provisions of this 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.
If the person is the owner, operator or tenant of the property where the application of pesticides is to be done, he/she shall:
Deliver notices at least 48 hours prior to the proposed application to residents or tenants of property adjacent to, contiguous with or within 100 feet of the area to which pesticides are to be applied. In the event the resident or tenant is not available to receive the notification, the notice shall be left in a readily apparent location (such as in a front door). The notices shall contain the following information:
A general statement of the purpose of the notification and procedures to follow to obtain additional information;
The proposed application date and a contingency date if desired, providing such contingency date is no more than seven days after the primary proposed application date;
The location of the application;
If a commercial pesticide applicator will be doing the application, the name, address and telephone number of the applicator doing the application; and
The brand name and active ingredients of the pesticide(s) to be used and the manufacturer's recommended precautions to prevent possible harmful exposure to adults, children and pets.
Maintain a record of properties to which notices were delivered. The record shall be kept for at least three months following the date the application was made. Such records shall include:
Post signs around the treated property at the start of the application and for at least 24 hours following the application or longer if required according to re-entry precautions given on the pesticide product label. The signs conform to the following requirements:
The signs shall bear the words "Pesticide Treated Area" or their equivalent in letters at least 1/2 inch high;
The signs shall also contain a minimum two-inch diameter circular illustration, in standard international signage, depicting an adult and a child on a lawn walking a dog on a leash. The illustration shall depict by means of a diagonal line across the circle that this action is prohibited.
The signs shall be placed in such a manner that they are clearly legible from all streets fronting the treated property and along any borders of the treated property not bounded by fences, shrubbery, structures or other obstacles to passage.
If the person is a customer, he/she shall request to see and be shown the commercial pesticide applicator's or operator's valid registration for the type of application work to be done, as issued by the NJDEP and a valid Fair Lawn Borough pesticide applicator's registration card. If such registrations are not provided by the commercial pesticide applicator or operator, the applicator or operator shall not be hired for the proposed pesticide application work.
If the person is a pesticide applicator business, he/she shall:
Show the customer, prior to contracting to do the proposed application work, a valid registration for the type of application work to be done, as issued by the NJDEP and a valid Fair Lawn Borough pesticide applicator's registration card.
Advise and reach agreement with the customer regarding the proposed application date and any contingency date if appropriate;
Provide to the customer notices containing the following information [as per the provisions of N.J.A.C. 7:30-9.11 (a)2, (b)2 and (d)2)]: the proposed date of the application; the pesticide(s) to be used (brand name and common chemical names, if available, of the active ingredients); label instructions relating to contracting party and public safety, including precautions; the name, address and telephone number of the pesticide applicator business; the telephone number of the New Jersey Department of Health for general health information and the New Jersey Poison Information and Education System telephone number for emergency situations; and a statement that a copy of the label(s) for the pesticide(s) used will be available if requested by the contracting party.
Provide to the customer suitable signs for posting around the treated property pursuant to § 166-10B(4) of this chapter.
A customer may delegate all or part of his/her responsibilities under § 166-10B to a commercial pesticide applicator, providing such delegation is done in writing and the commercial pesticide applicator agrees to assume such responsibilities in writing. Written agreements regarding such delegation must clearly state what portions of the customer's responsibilities are being delegated (e.g., notification, posting signs, removing signs, etc.).
A commercial pesticide applicator is not responsible for failure of a customer to fulfill his/her notification obligations or any actions resulting from such failure, providing that the commercial applicator has fulfilled his/her responsibilities as per § 166-10D above or unless the commercial applicator has assumed the notification responsibilities as per § 166-10E above.
The person doing the pesticide application shall do the application work at the time and place indicated on the notification. If circumstances prevent this (e.g., rain, high winds, etc.), renotification shall be done. The person responsible for the original notification shall be responsible for the renotification. However, the original notification may contain one contingency date. If a contingency date is included on the original notification, then the application may proceed on the contingency date without renotification.
The Fair Lawn Health Department shall maintain a file with the following information:
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 § 166-9 herein;
Any pesticide application made where the target site is greater than 100 feet from the nearest property line;
Any pesticide application made using pesticide products available from retail stores selling home and garden products and which are dispensed from containers no greater than two pounds or one quart in capacity. (Note: Application of products purchased at a retail store and then diluted to a quantity greater than two pounds or one quart, such as by mixing with water in a larger container or connecting to a garden hose, are subject to the notification requirements of this section.);
Any pesticide application made inside a building;
Any pesticide application involving application of granular pesticides or pesticide/fertilizer combinations to lawns or gardens or to ground level spraying of lawns or gardens, providing:
Such applications are done in accordance with manufacturer's instructions;
The pesticide application is done in a manner that prevents spreading of the pesticide to the air or areas other than the target lawn or garden; and
Any pesticide application involving subterranean applications or injection into trees, shrubs or structures.
The provisions of this section shall also apply to any pesticide applications done by or for the Borough of Fair Lawn.
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:
The notification must include the following information:
The intended date of the application;
The approximate time of the application;
The brand name and active ingredient of the pesticide to be applied;
The location of the land on which the application is to be made; and
The name and certified pesticide applicator registration number of the responsible pesticide application.
The NJDEP may alter the interval of time needed for notification if any person can demonstrate to the satisfaction of the Department that an emergency situation has occurred and an immediate application is required to control a sudden and unexpected pest infestation, but time does not reasonably allow the giving of an advance thirty-six-hour notice; provided, however, that notice of emergency applications shall be given to the apiarist himself/herself as soon as reasonably possible before or after the application.
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 or any rules and regulations promulgated thereunder.
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 capable of operating at a rate greater than 300 psi and 10 gpm, airblast sprayers or aerial equipment.
Any person required to notify apiarists pursuant to the provisions of Subsection A above shall not be responsible for notifying any apiarist who cannot be notified because:
The NJDEP failed to provide information deemed necessary by the Department for such notification, provided that the person required to notify the apiarist requested the information from the Department at least two weeks prior to the application date; or
The person required to notify the apiarist was unable to contact the apiarist, providing at least three attempted telephone contacts were made between the hours of 9:00 a.m. and 10:00 p.m., at least one of which shall be made after 6:00 p.m., the calls being a minimum of one hour apart, on the last day before the thirty-six-hour notification limit.
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.
The provisions of this section shall not apply to any pesticide application which is made for agricultural purposes, except to the following crops within the dates stated below or when in the flowering stage:
For first violations not deemed to be intentional and which have not resulted in significant endangerment of public health or environment, in the discretion of the proper enforcement personnel designated by the borough, a warning may be issued to the offender instead of a formal complaint being filed. The enforcement officer shall keep a record of all warnings issued by date, name and address of offender and nature of offense. The warning to the offender shall be in writing and a copy of same shall be kept by the proper enforcement personnel.
Any person violating any provision of this chapter shall be subject to one or more of the following penalties: imprisonment in the county jail for a term not exceeding 90 days, a fine not exceeding $1,000, or community service not exceeding 90 days.
A copy of the report of all enforcement actions either by way of warning or complaint shall be forwarded to the Bureau of Pesticide Compliance in the NJDEP within 14 days after the completion of said matter.