[HISTORY: Adopted by the Mayor and Council
of the Borough of Dumont by Ord.
No. 969 (Ch. 14B of the 1970 Revised Ordinances).
Amendments noted where applicable.]
The following words and terms, when used in
a 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
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.
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 pounds per
square inch and 10 gallons per minute 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.
The United States 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.
And shall include 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 insect, rodent, nematode, fungus or 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 man or other animals) which is injurious to health
or the environment.
And 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."
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 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; 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 pounds per square inch and 10 gallons per
minute, 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
may register with the Town Clerk or other designated municipal agent
by April 1 of the calendar year in which the applications subject
to notification will occur, unless the municipality chooses not to
maintain this registry.
(2)
If the municipality does not maintain the registry referred to in Subsection A(1) above, the customer may obtain copies of notices from the commercial pesticide applicator and shall deliver such notices, at least 48 hours prior to the proposed application, to residents of property adjacent and contiguous to the customer's property, 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.
(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 customer'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 customer 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 customer 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;
B.
Prior to performing an outdoor ornamental pest control application subject to the notification provisions, the commercial pesticide applicator shall provide the customer with a written statement outlining the customer's notification responsibilities and the specifics of the proposed application referred to in Subsection A(2) above.
C.
The customer may delegate, in writing, his notification
responsibilities to the commercial pesticide applicator, provided
that 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 customer to fulfill his notification obligations unless the customer 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 customer'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.
(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 pounds per square inch
and 10 gallons per minute 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:
|
Type of Crop
|
Stage
| |
|---|---|---|
|
Apples
|
April 15 to May 15
| |
|
Pears
|
April 15 to May 15
| |
|
Strawberries
|
April 15 to May 15
| |
|
Blueberries
|
April 15 to May 31
| |
|
Cranberries
|
June 15 to August 15
| |
|
Holly
|
June 1 to June 30
| |
|
Vine crops (Cucurbits)
|
June 1 to August 31
| |
|
Sweet corn
|
Flowering stage
|
Any person violating any provision of this chapter
shall be subject to a fine of up to $500 for each 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.
