[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:
Shall mean the Pesticide Control Act of 1971 as amended,
N.J.S.A. 13:1F-1 et seq.
Shall mean any ingredient which will prevent, destroy, repel,
control or mitigate pests, or which will act as a plant regulator,
defoliant, or desiccant.
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.
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.
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."
Shall mean any person who applies pesticides by equipment
other than aerial under the direct supervision of a certified and
registered responsible pesticide applicator.
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.
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.
Shall mean the United States Environmental Protection Agency.
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.
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.
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.
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.
Shall mean any person who either wholly or in part holds
himself out for hire to apply pesticides in the State of New Jersey.
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.
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.
Shall mean any individual who is accountable for the use
of a pesticide by himself or any person under his direct supervision.
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.
Shall mean pesticide rules and regulations promulgated under
the Act and codified in N.J.A.C. 7:30.
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.
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:
[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.
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:
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:
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:
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:
[Ord. #682 § 12]
[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:
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.
