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.
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.
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.
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.