N.J. Admin. Code § 7:30-9.18

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

Section 7:30-9.18 - Accidental pesticide misapplications and spills

(a) When, during the application of a pesticide, an accidental reportable pesticide spill has occurred, or if movement of a pesticide to a non-target site within a structure has occurred, no violation of this chapter shall be cited provided:

1. The person responsible for the application reports the spill or movement of the pesticide to the Department in accordance with 7:30-9.17;

2. Necessary procedures to cleanup the pesticide to a level deemed acceptable by the Department are immediately implemented to reduce or remove resultant contamination at the non-target site. The Department may, at its discretion, extend the time period of initiation of the cleanup; and

3. It can be adequately demonstrated to the Department that the following conditions relevant to the application were met:

i. No injury to persons or the environment resulted from the incident or the presence of the pesticide at the non-target site;

ii. All persons involved in the application were properly licensed under the provisions of this chapter;

iii. Equipment used during the application was properly maintained and/or calibrated;

iv. The record of pesticide application contains all mandated information; and

v. The application was performed in a manner consistent with the provisions of the Federal registered label of the pesticide used and other restrictions as contained in the Act or this chapter.

N.J. Admin. Code § 7:30-9.18

Recodified from N.J.A.C 7:30-9.15 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
In (a)1, updated N.J.A.C. reference.