An ordinance regulating pesticide use and application and fixing
penalties for violations is hereby established pursuant to N.J.S.A.
13:1F-13.
This chapter shall be known and may be referred to as the "Pesticide
Ordinance of the Township of Vernon."
The purpose of this chapter is to regulate the use and application
of pesticides, as herein defined, so as to limit human exposure, prevent
contamination of surface and ground water supplies, prevent loss of
soil fertility and prevent the destruction or endangerment of those
species of wildlife and their habitat not defined as pests under the
definition of this chapter.
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 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.
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 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."
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 application utilizing hydraulic
spraying equipment operating at a rate greater than 300 psi and 10
gpm, 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, 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
A.
Any insect, rodent, nematode, fungus, weed; or
B.
Any other form of terrestrial or aquatic plant or animal life
or virus, bacteria, or other micro-organism (except viruses, bacteria
or other micro-organisms 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.
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 trading of personal services between producers of agricultural
commodities, on the property of another person.
PROPER ENFORCEMENT PERSONNEL
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.
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 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.
Any person violating, or failing to comply with, any of the
provisions of this chapter shall, upon conviction thereof, be punishable
by a fine of not less than $5 nor more than $500 in the discretion
of the Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuance of the violation may be punished
as provided above for each separate offense.