[HISTORY: Adopted by the Township Council of the Township of West
Milford 2-15-1984 by Ord. No. 1984-8.
Amendments noted where applicable.]
GENERAL REFERENCES
Application of fertilizers — See Ch. 138.
This chapter shall be known and cited as the "Pesticide Control Code
of the Township of West Milford."
The following words and terms, when used in this chapter, shall have
the following meanings:
The Pesticide Control Act of 1971, as amended, N.J.S.A. 13:1F-1 et
seq.
Any ingredient which will prevent, destroy, repel, control, or mitigate
pests, or which will act as a plant regulator, defoliant, or desiccant.
Any plant or part thereof, or animal, or animal product, produced
by a person, including farmers, ranchers, vineyardists, plant propagators,
Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters,
or other comparable persons, primarily for sale, consumption, propagation,
or other use by man or animal.
The characteristic designation by words, symbols, name, number of
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.
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."
Any person who applies pesticides by equipment other than aerial
under the direct supervision of a certified and registered responsible pesticide
applicator.
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.
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 "consumer" shall include any person
who makes such application on property owned or controlled by him.
The United Stated Environmental Protection Agency.
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.
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.
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.
Any person who either wholly or in part holds himself out for hire
to apply pesticides in the State of New Jersey.
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.
An official designated by the municipality, subject to approval by
the New Jersey Department of Environmental Protection, whose duties are to
enforce the rules and regulations promulgated under this chapter.
Any individual who is accountable for the use of a pesticide by himself
or any person under his direct supervision.
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.
Pesticide rules and regulations promulgated under the Act and codified
in N.J.A.C. 7:30.
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.
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.
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/her possession the valid registration card and shall produce it
upon request by proper enforcement personnel.
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/her 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.
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.
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 card 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.
No person shall store restricted use pesticides without first meeting
the applicable provisions of state regulations.
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.
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 train such
employees in the proper operation of such safety equipment.
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 dates;
(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 ingredient of the pesticide(s)
to be used;
(e)
Application equipment to be used; and
(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 A(3)(f) above, 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 A(3)(f) above shall maintain a record of all telephone calls, attempted and completed with persons requesting information referred to in Subsection A(4) above, 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 section 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.
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)
General public requesting notification. Any person desiring notification of outdoor ornamental pesticide applications shall register with the Township Clerk or other designated municipal agent by April 1 of the calendar year in which the applications subject to notification will occur, and shall pay an annual fee therefor as set forth in Chapter 135, Fees and Costs.[1]
(2)
The consumer shall obtain the names and addresses of
persons requesting notification from the Township Clerk or other designated
municipal agent or through other available resources such as personal contact
with residents of property adjacent and contiguous to the consumer's property
and shall provide notice, at least 48 hours prior to the proposed application,
by mail or by personal delivery, such 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 application;
(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; and
(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 consumer's property, to the applicator designated pursuant to Subsection A(2)(f) above, 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 A(2)(f) above shall maintain a record of all telephone calls, attempted and completed, with persons requesting information referred to in Subsection A(3) above, 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 consumer shall keep a record or file of the notice
he provided, which may include a copy of the receipt for the certified letter(s),
if certified mail is utilized.
(6)
The provisions of this section shall not apply to an
additional application made on the same day and in the same locality as an
application governed by this section, if the following requirements are satisfied:
(a)
The consumer 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 section; and
(b)
The consumer has personally contacted residents listed
on the municipal registry and whose property is adjacent and contiguous to
property on which the additional application is proposed and no objections
were raised.
B.
Prior to performing an outdoor ornamental pest control application subject to the notification provisions, the commercial pesticide applicator shall provide the consumer with a written statement outlining the consumers' notification responsibilities and the specifics of the proposed application referred to in Subsection A(2) above.
C.
The consumer 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 chapter.
D.
The commercial pesticide applicator is not responsible for any actions resulting from the failure of the consumer to fulfill his notification obligations unless the consumer has delegated and the commercial pesticide applicator has assumed the notification responsibilities as stated in Subsection C above.
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 section shall not apply where
the target site is greater than 100 feet from the consumer's property line.
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; and
(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 section will occur.
B.
Notification pursuant to Subsection A above 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; and
(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 section 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 section 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 section 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:
Whenever the Health Officer shall determine that there exists a violation
of the pesticide control code or the rules and regulations promulgated thereunder,
the Health Officer shall issue a notice of violation and orders to terminate,
directing the discontinuance of the illegal action or condition and the correction
of the violation. Unless an immediate hazard to health and safety is posed,
the Health Official shall permit such time period for correction as is reasonable
within the context of the situation. If an immediate hazard to health and
safety is posed, as determined by the Health Official, or the violation is
not corrected within the time period allowed, the Health Officer or his agents
or employees shall proceed to abate the condition or violation or may cause
it to be abated in a summary manner by such means as shall be deemed proper.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties imposed in Chapter 1, Article III, General Penalty, of the Township Code. The continuation of such violation shall constitute a separate offense for each successive day, and the person or persons allowing or permitting the continuance of the violation may be punished as provided above for each separate offense. A copy of the report of such enforcement actions will be forwarded to the Bureau of Pesticide Control within the New Jersey Department of Environmental Protection.
