N.J. Admin. Code § 7:30-9.3
Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:30-9.3 - Aquatic pesticide permits(a) No person shall apply an aquatic pesticide on any aquatic site without having obtained an aquatic pesticide permit for an aquatic application from the Department prior to the intended date of application.(b) An aquatic pesticide permit shall not be required if the application is to aquatic sites and: 1. The application is made to waters, which are not used as a source of potable water, have no outlet and which are bounded by land wholly owned or rented, and controlled, by one person;2. The application is made to waters, which are not used as a source of potable water and is made for the control of mosquitoes or flies and the application procedure requires approval pursuant to the provisions of N.J.A.C. 7:30-9.2(a) or the application is made by the appropriate lead agency operating under the provisions of the Mosquito Extermination statutes (N.J.S.A. 26:9-1 et seq.);3. The application is made to retention basins, drainage ditches with no water flow, and similar sites that are designed to collect and retain water for percolation back into the ground, which are not used as a source of potable water, and where there is no normal outflow into natural waterways; or4. The application is made with an aquatic pesticide which qualifies as a "minimum risk" pesticide exempted from regulation by N.J.A.C. 7:30-2.1(m)5.(c) Applications for an aquatic pesticide permit shall be made on forms supplied by the Department at least 30 days prior to the intended application date. 1. Any information requested on the form shall be accurate at the time of submission.2. The Department may request any pertinent additional information which it deems necessary to evaluate the application.3. The Department may require the submission of a report addressing the effectiveness of the treatment and any environmental effects as a condition for approval. The person performing the application shall submit such information to the Department at the time and in the format as specified on the approved aquatic pesticide permit.4. The applicant shall notify the Department in writing of any proposed changes in the approved aquatic pesticide permit and receive written approval for such changes prior to making any applications.(d) Failure to submit any requested information or the falsification of any information may result in the denial or revocation of an aquatic pesticide permit.(e) All conditions for approval specified in an aquatic pesticide permit shall be fulfilled.(f) A $ 75.00 fee may be charged for each aquatic pesticide permit.(g) The Department may waive the formal requirements of (c) above if the Department determines there is an emergency situation that warrants expedited review. (See the definition of "emergency" in N.J.A.C. 7:30-1.2.) This provision shall be exercised only if the information necessary to adequately review the permit is on file with the Department.(h) The Department will respond to any application for an aquatic pesticide permit within 30 days after the Department receives all the information deemed necessary to evaluate the application.(i) An aquatic pesticide permit shall not be transferable.(j) All written records required by the aquatic permit must conform to the requirements listed on the "Record of Actual Treatment" (Form BPO-03) or the "Record of Actual Treatment Sodium Hypochlorite Solution" (Form BPO-06).(k) An aquatic pesticide permit shall be valid for the time period specified in the permit at the time of approval.N.J. Admin. Code § 7:30-9.3
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.
Amended by R.1990 d.426, effective 8/20/1990.
See: 22 N.J.R. 1314(a), 22 N.J.R. 2571(a).
Aquatic use permit fee set at $ 75.00.
Amended by R.2001 d.427, effective 11/19/2001.
See: 33 N.J.R. 474(a), 33 N.J.R. 3956(b).
Rewrote the section.
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
In the introductory paragraph of (b), deleted "which are not used as a source of potable water" following "sites"; in (b)1, inserted a comma following "waters" and inserted "are not used as a source of potable water,"; in (b)2, inserted "to waters, which are not used as a source of potable water and is made"; in (b)3, inserted "which are not used as a source of potable water, and"; in (c)1, substituted "accurate at the time of submission" for "submitted"; and added (j) and (k).