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.
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.
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.
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.
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.