N.J. Admin. Code § 7:30-10.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:30-10.7 - Pesticide contamination clean-up

(a) In situations involving misapplication of a pesticide, or where the Department determines an imminent hazard or significant risk of harm, injury or damage to persons or the environment would result, or in the case of a reportable pesticide spill, the Department may order the person responsible for the situation, misapplication or spill to return to the site location and conduct a clean-up to reduce or remove the pesticide to a level deemed acceptable by the Department. The clean-up procedure is to be in accordance with the methods approved by the Department and subject to follow up sampling by the Department or Department approved sampler to verify the efficacy of the clean-up.

(b) The person held responsible for the cleanup shall notify the Department when the cleanup has been completed and, upon request, provide to the Department copies of the analytical results of all samples collected to verify the efficacy of the cleanup.

(c) For purposes of (a) above, the basis for issuance of a clean-up order by the Department may include, but not be limited to:

1. Any application and/or spill of a persistent pesticide to a non-target site, as determined by review of the product's Federal registered label or other use restrictions adopted under the authority of N.J.A.C. 7:30-10.1(a); or

2. Any application of a pesticide where evaluation of the pesticide use pattern, in conjunction with properties of the pesticide in addition to persistence, are deemed by the Department to present a significant risk of harm, injury or damage; or

3. Any application of a pesticide where the Department determines that the pesticide presents a significant risk to persons or the environment.

N.J. Admin. Code § 7:30-10.7

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 New Jersey Register 242(b), 17 New Jersey Register 2609(b).
Originally "Pesticide use and/or application".
Recodified from N.J.A.C 7:30-10.6 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
Rewrote (a); in (c), deleted "of interpretation" preceding "of (a)" in the introductory paragraph; in (a)1, updated N.J.A.C. reference; in (a)2, deleted "to a non-target site" preceding "where evaluation"; and added (a)3. Former N.J.A.C. 7:30-10.7, Assessment of fees for sample analysis, was recodified to N.J.A.C. 7:30-10.8