N.J. Admin. Code § 7:30-9.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-9.14 - School notification

(a) No commercial or private outdoor pesticide application shall be made on sites within 250 feet from a school property line on those properties that are abutting and contiguous to the school with any equipment operating at greater than 60 psi unless the following provisions are carried out:

1. The responsible pesticide applicator shall contact a responsible school official prior to application to notify him or her of the possibility of future applications and learn if the school official desires notification of the applications.

i. If the school desires notification, the responsible applicator and the responsible school official may negotiate a notification agreement which may be verbal, but should be in writing if possible to avoid misunderstanding.

2. The notification agreement may include, but not be limited to, the following considerations, which will serve as notification guidelines:

i. The possible date(s) of application;

ii. The brand name and EPA registration number of the pesticide(s) which may be applied;

iii. The common chemical name(s) of the active ingredient(s) of the pesticide(s) listed in (a)2ii above;

iv. The name and license number of the pesticide applicator making the application; and

v. A name and telephone number of a contact person to call to receive further information.

3. Notice may be made by any means agreed to by both parties, such as by telephone, facsimile (fax), e-mail, in person or by regular or certified mail with sufficient lead time to take precautions in advance of the application. If attempts to notify the school official by telephone fail pursuant to (a)4 below, then all required notification information may be made in person or left in writing at the school office, prior to the beginning of the application. If no application is made on the intended date, then the school official may be notified again.

i. In the case of agricultural applications, if the applicator attempts to notify the school official by the methods agreed upon by both parties, and is unsuccessful, then the applicator is not required to provide notification in person or in a writing left at the school office.

4. The person opting to notify the school by telephone shall attempt one telephone contact between the hours of 9:00 A.M. and 3:00 P.M.

5. The agreement may address such circumstances as weekend availability of a responsible school official, or the use of an Integrated Pest Management (IPM) program.

(b) Exceptions to the provisions of (a) above are as follows:

1. Notice need not be made at all when the responsible school official informs the applicator that no student outdoor use of the school will occur during the application and for at least 24 hours after the application.

2. If a good faith effort has been made to work out an agreement with the school, but an agreement cannot be reached, the application will not be stopped. However, the responsible applicator shall provide notification to the school official and reasonable precautions shall be taken, including the allowance of sufficient time for those notified to take appropriate precautions, before application may commence.

3. The provisions of (a) above shall not apply to larviciding applications which are conducted by or controlled by a county mosquito control agency pursuant to the provisions of the Mosquito Extermination statute, 26:9-1 et seq.

4. The provisions of (a) above shall not apply to pesticide applications made with any "minimum risk" pesticide exempted from regulation by 7:30-2.1(m)5.

5. The applicator or applicator business is exempt from the requirement to provide notification pursuant to (a) above if the responsible school official declines the notification.

6. The requirements of (a) above shall not apply to application equipment which has been designed to limit drift and which has been reviewed and approved by the Department.

N.J. Admin. Code § 7:30-9.14

New Rule, R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
Former N.J.A.C. 7:30-9.14, Reporting of pesticide spills, was recodified to N.J.A.C. 7:30-9.17.