[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]
ACTIVE INGREDIENT(S)
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.
AGRICULTURAL COMMODITY
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.
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.
CUSTOMER
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.
GROUND LEVEL SPRAYING
Spraying done from a height less than two feet above the ground and in a downward direction.
NON-TARGET SITE
Any location that is not a target site.
ORNAMENTAL
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.
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 human beings or 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
Any person who uses, applies, supervises or holds himself out for hire to apply pesticides in the State of New Jersey.
STRUCTURE
Buildings, foundations, sheds and other man-made structures that may be treated with pesticides for the prevention, control and/or destruction of 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 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, animal, plant or property or the environment to a pesticide through the 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 pesticides.
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.
BUFFER
The land area, 25 feet in width, adjacent to any waterbody.
COMMERCIAL FARM
A farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
FERTILIZER
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.
IMPERVIOUS SURFACE
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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PHOSPHORUS FERTILIZER
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.
SOILS TEST
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.
WATERBODY
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:
a. 
Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules,
b. 
Re-established or repairing a turf area.
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.
a. 
The Waldwick Police Department and the Property Maintenance Official shall be the enforcing agents of these provisions.
b. 
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished in accordance with the provisions of Chapter 1:14.1.
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.