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Borough of Bernardsville, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #682 Preamble]
a. 
It has been found that the controlled use of pesticides has been of value in preventing the outbreak of diseases and insuring the production of agricultural crops.
b. 
It has been found and determined that the indiscriminate use of pesticides has resulted in the dispensing of these pesticides on unknowing and unwilling property owners in the Borough.
c. 
The Borough Council does hereby find and determine that the uncontrolled application of pesticides may constitute an infringement upon the property rights of the residents in the Borough.
[Ord. #682 § 1]
As used in this section:
ACT
Shall mean the Pesticide Control Act of 1971 as amended, N.J.S.A. 13:1F-1 et seq.
ACTIVE INGREDIENT
Shall mean any ingredient which will prevent, destroy, repel, control or mitigate pests, or which will act as a plant regulator, defoliant, or desiccant.
AGRICULTURAL COMMODITY
Shall mean any plant or part thereof, or animal, or animal product produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, horticulturists, 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
Shall mean the characteristic designation by words, symbols, name, number or trademark of a specific, particular pesticide or formulation under which the pesticide is distributed, sold, offered for sale, handled, stored, used, or transported in the State of New Jersey.
COMMERCIAL PESTICIDE APPLICATOR
Shall mean 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
Shall mean 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
Shall mean 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
Shall mean 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
Shall mean the United States Environmental Protection Agency.
ORNAMENTAL
Shall mean 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
Shall mean 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
Shall mean any insect, rodent, nematode, fungus, weed or 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
Shall mean 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 BUSINESS
Shall mean 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 (AGRICULTURAL)
Shall mean 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
Shall mean an official designated by the Borough, subject to approval by the New Jersey Department of Environmental Protection, whose duties are to enforce the rules and regulations promulgated under this section.
RESPONSIBLE PESTICIDE APPLICATOR
Shall mean any individual who is accountable for the use of a pesticide by himself or any person under his direct supervision.
RESTRICTED USE PESTICIDE
Shall mean 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
Shall mean pesticide rules and regulations promulgated under the Act and codified in N.J.A.C. 7:30.
TARGET SITE
Shall mean 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 the site is included on the label or labeling of the pesticide.
USE
Shall mean 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.
[Ord. #682 § 2]
a. 
No person shall engage in the activities of a commercial pesticide operator without having satisfied the applicable requirements established by the New Jersey Department of Environmental Protection and having obtained a valid pesticide operator registration issued by that department.
b. 
Each commercial pesticide operator shall at all times have in his possession the valid registration card and shall produce it upon request by proper enforcement personnel.
[Ord. #682 § 3]
a. 
No person shall engage in the activities of a commercial pesticide applicator without having satisfied the applicable requirements established by the New Jersey Department of Environmental Protection and having obtained a valid commercial pesticide applicator registration issued by that department.
b. 
Each commercial pesticide applicator shall at all times have in his possession the valid registration card and shall produce it immediately upon request by proper enforcement personnel.
c. 
Each commercial pesticide applicator must keep records of each application of pesticides in accordance with provisions of State regulations. Such records shall be made available to all proper enforcement personnel.
[Ord. #682 § 4]
a. 
No person shall engage in the activities of a pesticide applicator business without having satisfied the applicable requirements established by the New Jersey Department of Environmental Protection and having obtained a valid pesticide applicator business registration issued by that department. The business registration shall be made immediately available upon request of proper enforcement personnel.
b. 
The pesticide applicator business must keep records of each application of pesticides in accordance with provisions of State regulations. Such records shall be made available to all proper enforcement personnel.
[Ord. #682 § 5]
a. 
No person shall engage in the activities of a private pesticide applicator without having satisfied the applicable requirements established by the New Jersey Department of Environmental Protection and having obtained a valid private pesticide applicator registration issued by that department.
b. 
The valid registration cards shall be made available within 24 hours of the request of proper enforcement personnel.
c. 
All private pesticide applicators must keep records of each application of pesticides in accordance with provisions of State regulations. Such records shall be made available to all proper enforcement personnel.
[Ord. #682 § 6]
No person shall store restricted use pesticides without first meeting the applicable provisions of State regulations.
[Ord. #682 § 7]
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.
[Ord. #682 § 8]
All persons having employees who use, apply, transport or otherwise handle any pesticides shall make available to the employees any necessary and appropriate safety equipment in good working order and shall train the employees in the proper operation of the safety equipment.
[Ord. #682 § 9]
a. 
No person shall apply any pesticide on a community or area wide basis unless prior notification of the proposed application has been given to persons residing in the vicinity of the proposed target site.
1. 
The notification shall be made through advertisement in at least two newspapers having the greatest likelihood of informing the public within the area of application.
2. 
The newspaper notification must be given a maximum of 60 days and a minimum of seven days prior to the proposed application date.
3. 
The notification must contain at least:
(a) 
The proposed application date;
(b) 
The location of the application;
(c) 
The name, address and registration number of the applicator business or the responsible pesticide applicator associated with the application;
(d) 
The brand name and active ingredients of the pesticide(s) to be used;
(e) 
Application equipment to be used;
(f) 
The name, address, and phone number of a person who may be contacted and is responsible for supplying updated information on the advertised pesticide applications to those persons requesting it.
4. 
Upon the request by a person residing in the vicinity of the proposed target site, to a person designated pursuant to subsection 20-1.10a3f, such designated person shall provide, at a minimum, the following information at least 12 hours prior to the application, except that if a reasonable attempt to provide notice is unsuccessful, an attempt to notify such person, by telephone, shall be made immediately prior to the application.
(a) 
The actual time and date of application;
(b) 
The actual pesticide to be applied including the EPA registration number;
(c) 
Any precautionary statement(s) on the products Federal registered label.
5. 
The person designated pursuant to subsection 20-1.10a3f shall maintain a record of all telephone calls, attempted and completed with persons requesting information and a file of related correspondence. Such record and file shall be made available to the proper enforcement personnel upon request. The minimum information required to be kept on the call record shall include:
(a) 
Name and phone number of the person contracted;
(b) 
The time and date of the call.
6. 
The person making the application subject to the notification requirements shall keep a record of the newspapers in which the advertisement was placed and the dates published. This information shall be made available to the proper enforcement personnel upon request.
b. 
The provisions of this subsection shall not apply to any pesticide application which is made for the purpose of producing an agricultural commodity, mosquito larviciding applications, or the application of granular formulations in nonresidential areas.
[Ord. #682 § 10]
a. 
No person shall cause or allow an outdoor 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 unless the following procedures have been implemented:
1. 
Any person desiring notification of outdoor ornamental pesticide applications may register with the Borough Clerk or other designated municipal agency by April 1 of the calendar year in which the applications subject to notification will occur.
2. 
The contractor shall obtain the names and addresses of persons requesting notification from the Borough Clerk or other designated municipal agent or through other available resources such as personal contact with residents of property adjacent and contiguous to the contractor's property and shall provide notice, at least 48 hours prior to the proposed application, by mail or personal delivery, the notice to contain the following information:
(a) 
A general statement of the purpose of the notification and procedures to follow to obtain additional updated information.
(b) 
The proposed application date(s).
(c) 
The location of the applications.
(d) 
The name, address, and registration number of the applicator business or the responsible pesticide applicator associated with the application.
(e) 
The brand name and active ingredients of the pesticide(s) to be used.
(f) 
The name, address, and phone number of the applicator who may be contacted and is responsible for supplying updated information on the proposed pesticide applications to those persons requesting it.
3. 
Upon the request of any resident of property adjacent and contiguous to the contractor's property, to the applicator designated pursuant to subsection 20-1.11a2f such designated applicator shall provide, at a minimum, the following information at least 12 hours prior to the application, except that if a reasonable attempt to provide notice is unsuccessful, an attempt to notify such person, by telephone, shall be made immediately prior to the application:
(a) 
The actual time and date of application.
(b) 
Any precautionary statement(s) on the pro-duct's Federal registered label.
4. 
The applicator designated pursuant to subsection 20-1.11a2f shall maintain a record of all telephone calls attempted and completed with persons requesting information, and a file of related correspondence. Such record and file shall be made available to the proper enforcement personnel upon request. The minimum information required to be kept on the call record shall include:
(a) 
Name and phone number of the person contacted.
(b) 
The time and date of the call.
5. 
The contractor shall keep a record on file of the notice he provided, which may include a copy of the receipt for the certified notice(s), if certified mail is utilized.
6. 
The provisions of this subsection shall not apply to an additional application made on the same day and in the same locality as an application governed by this subsection, if the following requirements are satisfied:
(a) 
The contractor demonstrates to the satisfaction of the local governing authority that he had not hired the applicator more than 48 hours prior to the start of the application governed by this subsection.
(b) 
The contractor has personally contacted residents listed on the registry and whose property is adjacent and contiguous to property on which the additional application is proposed and no objections were raised.
7. 
A waiver of the minimum amount of prior notice required in subsection 20-1.11a2 and a3 may be granted at the discretion of the Borough Council.
b. 
Prior to performing an outdoor ornamental pest control application subject to the notification provisions, the commercial pesticide applicator shall provide the contractor with a written statement outlining the contractor's notification responsibilities and the specifics of the proposed application referred to in subsection 20-1.11a2.
c. 
The contractor may delegate, in writing, his notification responsibilities to the commercial pesticide applicator, providing the commercial pesticide applicator agrees, in writing, to assume the notification responsibilities as delineated in this subsection.
d. 
The commercial pesticide applicator is not responsible for any actions resulting from the failure of the contractor to fulfill his notification obligations unless the contractor has delegated and the commercial pesticide applicator has assumed the notification responsibilities as stated in subsection 20-1.11c.
e. 
The provisions of this section shall not apply to 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.
f. 
The provisions of this subsection shall not apply where the target site is greater than 100 feet from the contractor's property line.
[Ord. #682 § 11]
a. 
No person shall make an outdoor application of a pesticide product which has information on its label or labeling noting that the product is toxic to bees unless such person first notifies, at least 36 hours prior to the application, each apiarist who:
1. 
Desires notification.
2. 
Maintains an apiary which is located within 1/2 mile of the target site.
3. 
Has been registered with either the New Jersey Department of Environmental Protection or the New Jersey Beekeepers Association by April 1 of the calendar year in which the applications subject to the notification requirements of this subsection will occur.
b. 
Notification pursuant to subsection 20-1.12a may be given to the apiarist directly or, in the case of any apiarist registered with the New Jersey Beekeepers Association, through the local designated agent of that association; provided that the agent has agreed to make the required notification and has himself been given notification at least 72 hours prior to the intended application.
c. 
The notification must include the following information:
1. 
The intended date of the application.
2. 
The approximate time of the application.
3. 
The brand name and active ingredient of the pesticide to be applied.
4. 
The location of the land on which the application is to be made.
5. 
The name and certified pesticide applicator registration number of the responsible pesticide applicator.
d. 
If the application date is changed so that the application will not occur on the intended date specified in the original notification of application but will be conducted during the next consecutive day, notification must be given to the individual apiarist as soon as reasonably possible but not later than 10:00 p.m. the night prior to the new application date.
e. 
If the owner or operator of an apiary does not choose to move, cover, or otherwise protect the apiary, the application may be made without delay; provided that such application complies with the pesticide labeling and any provisions of the Act or any rules and regulations promulgated thereunder.
f. 
The provisions of this subsection shall not apply to any person using a pesticide on an aggregate area less than three acres; provided that the application is not made with hydraulic spraying equipment operating at a rate greater than 300 psi and 10 gpm, airblast sprayers, or aerial equipment.
g. 
Any person required to notify apiarists pursuant to the provisions of this subsection shall not be responsible for notifying any apiarist who cannot be notified because:
1. 
The New Jersey Department of Environmental Protection and the New Jersey Beekeepers Association have failed to provide information deemed necessary by the department for such notification, or
2. 
The New Jersey Beekeepers Association has failed to or been unable to notify any apiarist(s) after agreeing to do so.
h. 
The provisions of this subsection shall not apply to any pesticide application which is made for agricultural purposes, except to the crops within the dates and/or stage as stated below:
1. 
Apples April 15 to May 15.
2. 
Pears April 15 to May 15.
3. 
Strawberries April 15 to May 15.
4. 
Blueberries April 15 to May 31.
5. 
Cranberries June 15 to August 15.
6. 
Holly June 1 to June 30.
7. 
Vine Crops. (Cucurbits) June 1 to August 31.
8. 
Sweet Corn Flowering stage.
[Ord. #682 § 12]
Any person violating any provision of this section shall upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. A copy of report of any conviction(s) shall be forwarded to the Bureau of Pesticide Control within the New Jersey Department of Environmental Protection.
[Ord. #2000-1216 § 1]
The Emergency Management Coordinator is hereby authorized to direct qualified Borough employees and the Bernardsville Volunteer Fire Company to clean up, contain or remove any discharge of hazardous substances or suspected hazardous substances (but not to exceed level one first responder awareness and first responder operational) which occurs within the Borough of Bernardsville, or outside the boundaries of the Borough when authorized by agreement between the Borough and any other governing body.
As used in this section:
BOROUGH
Shall mean the Borough of Bernardsville or any agency or other instrumentality thereof or a duly incorporated volunteer fire, ambulance, first aid, emergency or rescue company or squad.
Where applicable, the definitions contained in the New Jersey Water Pollution Control Act (N.J.S.A. 58:10-23.11b) and the New Jersey Department of Environmental Regulations (N.J.A.C. 7:1J-1.4) are incorporated herein by reference.
[Ord. #2000-1216 § 1]
[Ord. #2000-1216 § 1]
Any person who causes by act or omission, or is otherwise responsible for the discharge of hazardous substances which requires clean up, containment or abatement by the Borough or one of its fire companies shall be liable for the payment of all costs incurred by the Borough and the Fire Department as a result of such clean up, containment or abatement activity. The owner of real or personal property from which a discharge of hazardous substances occurs is responsible for the cost of clean up, containment or abatement. The remedy provided by this section shall be in addition to any other remedies provided by law.
[Ord. #2000-1216 § 1]
For the purposes of this section, costs incurred by the Borough shall include but shall not necessarily be limited to the following: actual labor costs of Borough and Fire Department personnel including workers' compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials. The cost of materials to be reimbursed to the Borough shall include, without limitation, fire fighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, and specialized protective equipment including acid suits, acid gloves, goggles and protective clothing.
[Ord. #2000-1216 § 1]
Upon obtaining any information that a hazardous discharge has occurred in the Borough (unless previously notified of a hazardous discharge by NJDEP pursuant to N.J.A.C. 7:1-7.7(a)) the appropriate Borough officials shall immediately notify NJDEP in writing and orally of such hazardous discharge in accordance with the requirements of N.J.A.C. 7:1-7.8 and all other applicable statutes and regulations.