The following words and terms, when used in this chapter, shall have
the following meanings:
ACT
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.
CUSTOMER
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.
EPA
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.
NJDEP
The New Jersey Department of Environmental Protection.
ORNAMENTAL
Trees, shrubs and other planting in and around habitations, including
residences, parks, streets, retail outlets, industrial and institutional buildings.
PERSON
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.
PEST
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.
PESTICIDE
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.
STRUCTURE
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:
A.
Under or adjacent to structures by trenching; or
B.
Under slabs or under or within six inches of foundation walls by rodding;
or
C.
Within the interior voids of foundation walls.
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.
USE
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:
A.
Applying a pesticide, including mixing and loading and any required
supervisory action in or near the area of application.
B.
Handling, transporting or storing a pesticide or pesticide container.
C.
Disposal actions for a pesticide and/or containers or equipment associated
with the pesticide.
No person shall store restricted use pesticides without first meeting
the applicable provisions of state regulations.
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.
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.