[HISTORY: Adopted by the Mayor and Council of the Borough
of Waldwick 12-23-03 as Ord. No. 18-03; Amended 11-24-09 as Ord. No. 22-09]
Any ingredient(s) which will prevent, destroy, repel, control
or mitigate pests or which will act as a plant and/or fungi regulator,
defoliant or desiccant.
Any plant or part thereof or animal or animal product produced
by a person, including but not limited to farmers, ranchers, vineyardists,
plant propagators, Christmas tree growers, aquaculturists, floriculturists,
orchadists, foresters or other comparable persons, primarily for sale.
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.
Any person who hires a commercial pesticide applicator business
to perform an ornamental, turf or structural pest control application
utilizing hydraulic spraying equipment, airblast sprayers or aerial
application equipment on property owned or controlled by him. For
the purposes of this definition, the term "customer" shall include
any person who makes such application on property owned or controlled
by him.
Spraying done from a height less than two feet above the
ground and in a downward direction.
Any location that is not a target site.
Trees, shrubs and other plantings in and around habitations
generally, but not necessarily located in urban and suburban areas,
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 human beings or 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.
Any person who uses, applies, supervises or holds himself
out for hire to apply pesticides in the State of New Jersey.
Buildings, foundations, sheds and other man-made structures
that may be treated with pesticides for the prevention, control and/or
destruction of pests.
The placement of any pesticide:
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.
Any act of handling or release of a pesticide or exposure
of man, animal, plant or property or the environment to a pesticide
through the acts which include but are not limited to:
A.
Application of pesticides shall not be permitted between the hours
of 9:00 p.m. and 7:00 a.m. on weekdays and 9:00 p.m. and 8:30 a.m.
on Saturdays. Pesticide application is prohibited on Sundays.
A.
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.
B.
No person shall make an application of pesticide to a target site
in such a manner or under such conditions that drift or other movement
of the pesticide unreasonably infringes on a non-target site.
C.
No person shall directly apply any pesticide to a non-target site
or apply pesticides in a manner that causes damage to non-target sites.
D.
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 in
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.
A.
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 provide
training to such employees in the proper operation of such safety
equipment.
A.
No person shall cause or allow an outdoor ornamental pest control
application utilizing hydraulic spraying equipment, airblast sprayers
or aerial application equipment on property owned or controlled by
them unless the following procedures have been implemented:
(1)
The customer shall provide written notice at least 48 hours to the
proposed application, to all residents and tenants of property adjacent
to or contiguous with the customer's property, including property
across a street, such notice to contain the following information:
[a]
A general statement of the purpose of the notification.
[b]
The proposed application date(s) and contingency date(s).
[c]
The location of the application (address and Block & Lot
Number).
[d]
The name, address, phone number and registration number of the
pesticide applicator associated with the application.
[e]
The brand name and active ingredient(s) of the pesticide(s)
to be used.
[f]
The New Jersey Poison Information and Education System telephone
number for emergencies and the New Jersey Department of Health for
routine health questions.
[g]
A statement advising residents to remove toys, food, cooking
equipment and clothing from the area and to protect all pets and persons.
(2)
The customer shall keep a record or file of the notice provided for
up to six months from the pesticide application date.
(3)
The customer shall post signs around the treated property at the
start of the application and for at least 48 hours following the application
or longer if required according to re-entry precautions given on the
pesticide label. The signs shall be provided by the commercial pesticide
applicator and conform to the following requirements:
[a]
The signs shall bear the words "Warning: Pesticide Treated Area"
or their equivalent printed in 1/2 inch letters or greater.
[b]
The signs shall also contain a minimum two-inch diameter circular
illustration, in standard international signage, depicting an adult
and a child walking a dog on a leash. The illustration shall depict
by means of a diagonal line across the circle that this action is
prohibited.
[c]
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 of passage.
B.
The provisions of this section shall not apply to:
(1)
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, as
amended and/or supplemented.
(2)
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)
(3)
Any pesticide application made inside a structure.
(4)
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:
[a]
Such applications are done in accordance with manufacturer'
instructions.
[b]
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.
[c]
That signs are posted around the property as described in Section
13(5) of this chapter.
(5)
Any pesticide application involving subterranean applications or
injection into trees, shrubs or structures.
An ordinance to regulate the outdoor application of fertilizer
so as to reduce the overall amount of excess nutrients entering waterways,
thereby helping to protect and improve surface water quality. This
ordinance does not apply to fertilizer application on commercial farms.
Elevated levels of nutrients, particularly phosphorus, in surface
waterbodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). Excessive plant growth can result
in diurnal variations and extremes in dissolved oxygen and pH, which,
in turn, can be detrimental to aquatic life. As algae and plant materials
die off, the decay process creates a further demand on dissolved oxygen
levels. The presence of excessive plant matter can also restrict use
of the affected water for recreation and water supply.
While healthy vegetated areas are protective of water quality
by stabilizing soil and filtering precipitation, when fertilizers
are applied to the land surface improperly or in excess of the needs
of target vegetation, nutrients can be transported by means stormwater
to nearby waterways, contributing to the problematic growth of excessive
aquatic vegetation. Most soils in New Jersey contain sufficient amounts
of phosphorus to support adequate root growth for established turf.
Over time, it is necessary to replenish available phosphorus, but
generally not at the levels commonly applied. Other target vegetation,
such as vegetable gardens and agricultural/horticultural plantings,
will have a greater need for phosphorus application, as will the repair
or establishment of new lawns or cover vegetation. A soils test and
fertilizer application recommendation geared to the soil and planting
type is the best means to determine the amount of nutrients to apply.
Timing and placement of fertilizer application is also critical to
avoid transport of nutrients to waterways through stormwater runoff.
Fertilizer applied immediately prior to a runoff-producing rainfall,
outside the growing season or to impervious surfaces is most likely
to be carried away by means of runoff without accomplishing the desired
objective of supporting target vegetation growth. Therefore, the management
of the type, amount and techniques for fertilizer application is necessary
as one tool to protect water resources.
This ordinance does not apply to application of fertilizer on
commercial farms, but improper application of fertilizer on farms
would be problematic as well. Stewardship on the part of commercial
farmers is needed to address this potential source of excess nutrient
load to waterbodies. Commercial farmers are expected to implement
best management practices in accordance with conservation management
plans or resource conservation plans developed for the farm by the
Natural Resource Conservation Service and approved by the Soil Conservation
District Board.
For the purpose of this ordinance, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this Ordinance clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The land area, 25 feet in width, adjacent to any waterbody.
A farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
Means a fertilizer material, mixed fertilizer or any other
substance containing one or more recognized plant nutrients, which
is used for its plant nutrient content, which is designed for use
or claimed to have value in promoting plant growth, and which is sold,
offered for sale, or intended for sale.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water. This term
shall be used to include any highway, street, sidewalk, parking lot,
driveway, or other material that prevents infiltration of water into
the soil.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Any fertilizer that contains phosphorus, expressed as P2O5,
with a guaranteed analysis of greater than zero; except that it shall
not be considered to include animal (including human) or vegetable
manures, agricultural liming materials, or wood ashes that have not
been amended to increase their nutrient content.
A technical analysis of soil conducted by an accredited soil
testing laboratory following the protocol for such a test established
by Rutgers Cooperative Research and Extension.
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay or estuary.
No person may do any of the following:
a)
Apply fertilizer when a runoff producing rainfall is occurring or
predicted and/or when soils are saturated and a potential for fertilizer
movement off-site exists.
b)
Apply fertilizer to an impervious surface. Fertilizer inadvertently
applied to an impervious surface must be swept or blown back into
the target surface or returned to either its original or another appropriate
container for reuse.
c)
Apply fertilizer within the buffer of any waterbody.
d)
Apply fertilizer more than 15 days prior to the start of or at any
time after the end of the recognized growing season of Zones 5b and
6a (northwestern New Jersey) - March 15 to October 31.
No person may do the following:
a)
Apply phosphorus fertilizer in outdoor areas except as demonstrated
to be needed for the specific soils and target vegetation in accordance
with a soils test and the associated annual fertilizer recommendation
issued by Rutgers Cooperative Research and Extension.
b)
Exceptions
1.
Application of phosphorus fertilizer needed for:
2.
Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soils surface, directly to the feeder roots.
3.
Application of phosphorus fertilizer to residential container plantings,
flowerbeds, or vegetable gardens.
Each section, subsection, sentence, clause and phrase of this
Ordinance is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this Ordinance to be unconstitutional, void, or ineffective for
any cause, or reason, shall not affect any other portion of this Ordinance.
a.
This ordinance shall take effect after publication as provided by
law.
