N.J. Admin. Code § 7:30-9.10

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

Section 7:30-9.10 - Notification: community or area wide applications

(a) The provisions of this section shall apply only to the following types of pesticide application, if performed on aggregate areas of more than three acres:

1. All aerial applications, unless performed for the production of an agricultural commodity or for mosquito larviciding;

2. Right-of-way type applications. These applications include, but are not limited to pesticide applications performed along roadways, powerlines, railroads, and pipelines;

3. All mosquito adulticiding applications; or

4. All aquatic applications, except mosquito larviciding applications.

(b) 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.

i. The notice shall be placed in the legal advertisement section of one paper;

ii. The notice shall also be placed in a second paper, in a prominent area other than the legal advertisement section, namely a "display ad"; and

iii. The newspaper notification shall be given a maximum of 30 days and a minimum of seven days prior to the intended application date.

2. In addition to (b)1 above, if the technology and administrative ability is in place, notification shall be made by posting the information required in (b)3i through x below to the applicator's or applicator employer's web site.

i. The specific time(s) and location(s) to be sprayed shall be posted as soon as possible prior to the application.

3. The notification required in (b)1 above shall contain at least:

i. The intended application date(s) or a range of dates within which an application may be made;

ii. To the extent known at the time of the advertisement, the street name or names of streets at the nearest intersection (when this is beneficial in identifying the location) and the name of the municipality and county where the application is taking place;

iii. The name, address, and license number of the applicator business or the responsible pesticide applicator associated with the application;

iv. The brand name and active ingredients of the pesticide(s) to be used;

v. Application equipment to be used;

vi. 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;

vii. The New Jersey Poison Information and Education System telephone number for emergencies and the National Pesticide Information Center telephone number for routine health inquiries, and to obtain information about signs and symptoms of pesticide exposure;

viii. The telephone number of the Pesticide Control Program and the statement: "This number for pesticide regulation information, pesticide complaints, and health referrals";

ix. A statement that says: "Upon request, the pesticide applicator or applicator business shall provide a resident with notification at least 12 hours prior to the application, except for Quarantine and Disease Vector Control only, when conditions necessitate pesticide applications sooner than that time";

x. If the system is in place, the telephone number of the automated telephone system required in (b)4 below, along with the statement: "This phone number is for updated information on time and location of application(s)"; and

xi. If the system is in place, the address of the applicator's or applicator employer's web site.

4. In addition to (b)1 and 2 above, if the technology is in place, the times and locations for pesticide application and a telephone number to call for further information shall be made available on an automated telephone system.

i. The information is posted at least 12 hours prior to the pesticide application, except for Quarantine and Disease Vector Control only, when conditions necessitate pesticide applications sooner than that time, in which case the information shall be posted as soon as possible prior to the application; and

ii. The information shall be updated when changes take place.

5. Upon the request by a person residing in the vicinity of the proposed target site, to a person designated pursuant to (b)3vi above, such designated person shall provide, at a minimum, the following information at least 12 hours prior to the application, except for Quarantine and Disease Vector Control only, when conditions necessitate pesticide applications sooner than that time, or 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.

i. The actual time and date of application;

ii. The actual pesticide to be applied including the EPA registration number; and

iii. Any precautionary statement(s) on the product's Federal registered label relating to homeowner or general public safety.

6. The person designated pursuant to (b)3vi above shall maintain a record of all telephone calls, attempted and completed, with persons requesting information referred to in (b)5 above, and a file of related correspondence. Such records and files shall be made available to the Department upon request. The minimum information required to be kept on the call record shall include:

i. Name and phone number of the person contacted; and

ii. The time and date of the call.

7. The person making the application subject to the notification requirements shall keep a record of the newspaper in which the advertisement was placed and the dates published. This information shall be made available to the Department upon request.

8. Neither quarantine nor vector disease control includes nuisance pest control.

(c) A waiver from the provisions of this section may be granted by the Department for the purpose of controlling emergency outbreaks of pests.

(d) The provisions of this section need not be followed when using "minimum risk" pesticides exempted from regulation by N.J.A.C. 7:30-2.1(m)5.

(e) In addition to the community and area wide notification requirements above, the following additional notification shall be made by the pesticide applicator for publicly sponsored/funded pesticide applications, including, but not limited to, mosquito adulticiding and gypsy moth control. These are applications made in the public interest which tend to target residential areas and adjacent areas such as parks and recreation sites.

1. Notification shall be made by mailing or delivering a packet of information annually, to the municipality to be sprayed.

i. Notification shall be mailed or delivered to the municipality's designated responsible official, such as the mayor, town administrator or town clerk.

ii. Except as delineated in (e)3 below, the information packet shall be mailed or delivered once per year between March 1 and March 30 prior to the intended application date.

2. Such information packets shall contain all of the items in (b)3 above, in addition to the following information:

i. A Department approved fact sheet for each pesticide proposed for use;

ii. A Department approved Question and Answer sheet for the program and each pesticide proposed for use, which explains what the agency does and how, where to get more information, what the populace may do to help mitigate the pest, general symptoms of exposure, and recommendations of how to avoid exposure to the pesticide; and

iii. The following statement: "Municipalities are encouraged to share this information with all residents in their community."

3. If the pesticide application can not be anticipated in the time frame required by (e)1 above, the information packet shall be delivered to the municipality prior to the pesticide application and as soon as possible after the decision is made to spray.

4. The information packets required in this subsection are intended for municipalities that are not the contracting party or that will only receive community or areawide notification.

N.J. Admin. Code § 7:30-9.10

Amended by R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
Substantially amended.
Recodified from N.J.A.C 7:30-9.8 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 N.J.R. 474(a), 33 N.J.R. 3956(b).
Added (a); recodified former (a) as (b) and rewrote; deleted former (b); in (c), substituted "Department" for "Commissioner, at his discretion"; and added (d) and (e). Former N.J.A.C. 7:30-9.10, Notification; household or structural pest control, was recodified to N.J.A.C. 7:30-9.12.
Amended by R.2004 d.452, effective 12/6/2004.
See: 36 N.J.R. 2124(a), 36 N.J.R. 5433(a).
In (b), substituted "Information Center" for "Telecommunications Network" in 3vii.
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
Rewrote (b)3ii.