[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.
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 § 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 § 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.