[HISTORY: Adopted by the Township Committee of the Township of Hanover 9-8-1983 as Ord. No. 41-83. Amendments noted where applicable.]
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. 13:1F-1 et seq.
ACTIVE INGREDIENT
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 produce 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.
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 is a private applicator with respect to some use, 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."
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 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.
CONTRACTOR
Any person who hires a commercial pesticide applicator business to perform an ornamental pest-control applications utilizing hydraulic spraying equipment operating at a rate greater than 300 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 "contractor" shall include any person who makes such application on property owned or controlled by him.
EPA
The United States Environmental Protection Agency.
HEALTH ADMINISTRATOR
The official of the Township of Hanover designated to enforce this chapter.
ORNAMENTAL
Trees, shrubs and other planting in and around habitations generally, but not necessarily located in urban and suburban areas, including residences, parks, streets, retail outlets and 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 living in man or other animals) which is injurious to health and 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, disiccant 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 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 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.
PROPER ENFORCEMENT PERSONNEL
Any 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.
RESPONSIBLE PESTICIDE APPLICATOR
Any individual who is accountable for the use of a pesticide by himself or any person under his 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.
TARGET SITE
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.
USE
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. 
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.
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 that 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 the 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.
A. 
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 immediately available upon request of proper enforcement personnel.
B. 
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.
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.
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 the 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 back-siphon 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.
A. 
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 as follows:
(1) 
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.
(2) 
The Administrator of the Township of Hanover, with offices located at 1000 Route 10, P.O. Box 250, Whippany, New Jersey 07981, shall be notified of any proposed application under this section not less than seven days prior to the proposed application date, being served certified mail, return receipt requested, with a copy of the required newspaper notification.
(3) 
The newspaper notification must be given a maximum of 60 days and a minimum of seven days prior to the proposed application date.
(4) 
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) 
Application equipment to be used.
(f) 
The name, address and phone number of a person who may be contacted and is responsible for supplying to those persons requesting it updated information on the advertised pesticide applications.
(5) 
Upon the request by a person residing in the vicinity of the proposed target site to a person designated pursuant to Subsection A(4)(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:
(a) 
The actual time and date of application.
(b) 
The actual pesticide to be applied, including the EPA registration number.
(c) 
Any precautionary statement(s) on the product's federal registered label.
(6) 
The person designated pursuant to Subsection A(4)(f) above shall maintain a record of all telephone calls, attempted and completed, with persons requesting information referred to in Subsection A(5) 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:
(a) 
The name and phone number of the person contacted.
(b) 
The time and date of the call.
(7) 
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 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.
A. 
No person shall cause or allow an outdoor ornamental pestcontrol application utilizing hydraulic spraying equipment operating at a rate greater than 300 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) 
General public requesting notification. Any person desiring notification of outdoor ornamental pesticide applications may register with the Township Clerk or other designated municipal agent by April 1 of the calendar year in which the applications subject to notification will occur unless the municipality chooses not to maintain this registry.
(2) 
If the municipality maintains the registry referred to in Subsection A(1) above, the contractor shall obtain the names and addresses of persons requesting notification from the Township Clerk or other designated municipal agent or through other available resources such as personal contact with residents of property adjacent and contiguous to the contractor's property and shall provide notice, at least 48 hours prior to the proposed application, by mail or by personal delivery, 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.
(3) 
Upon the request of any resident of property adjacent and contiguous to the contractor's property to the applicator designated pursuant to Subsection A(2)(f) above, such designated applicator 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:
(a) 
The actual time and date of application.
(b) 
Any precautionary statement(s) on the product's federal registered label.
(4) 
The applicator designated pursuant to Subsection A(2)(f) above shall maintain a record of all telephone calls, attempted and completed, with persons requesting information referred to in Subsection A(3) 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:
(a) 
The name and phone number of the person contacted.
(b) 
The time and date of the call.
(5) 
The contractor 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.
(6) 
The provisions of this section shall not apply to an additional application made on the same day and in the same locality as an application governed by this section if the following requirements are satisfied:
(a) 
The contractor 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) 
If the municipality maintains a registry referred to in Subsection A(1) above, the contractor has personally contacted residents listed on the registry and whose property is adjacent and contiguous to property on which the additional application is proposed, and no objections were raised.
(c) 
If a municipality does not maintain a registry referred to in Subsection A(1) above, the contractor has personally contacted residents of property adjacent and contiguous to property on which the application is proposed, and no objections were raised.
(7) 
A waiver of the minimum amount of prior notice in Subsection A(2) above may be granted at the discretion of the local governing authority.
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 specifics of the proposed application referred to in Subsection A(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 this 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.
F. 
The provisions of this section shall not apply where the target site is greater than 100 feet from the contractor'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 1/2 mile of the target site.
(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 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, 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 or any rules and regulations promulgated thereunder.
F. 
The provisions of this section shall not apply to any person using a pesticide on an aggregate area of less than three acres, provided that the application is not made with hydraulic spraying equipment operating at a rate greater than 300 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.
(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:
(1) 
Apples: April 15 to May 15.
(2) 
Pears: April 15 to May 15.
(3) 
Strawberries: April 15 to May 15.
(4) 
Blueberries: April 15 to May 31.
(5) 
Cranberries: June 15 to August 15.
(6) 
Holly: June 1 to June 30.
(7) 
Vine crops (cucurbits): June 1 to August 31.
(8) 
Sweet corn: flowering stage.
The Health Administrator of the Township of Hanover shall be the official responsible for the enforcement of all the provisions of this chapter.
[Amended 7-11-1991 by Ord. No. 16-91]
Any person violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $1.000 or to imprisonment not exceeding 90 days, or both. A copy of the report of such enforcement actions will be forwarded to the Bureau of Pesticide Control within the New Jersey Department of Environmental Protection.