N.J. Admin. Code § 7:30-9.4

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

Section 7:30-9.4 - Aquatic notification

(a) No application of an aquatic pesticide which requires an aquatic pesticide permit shall be made without the following notification provisions being carried out by the applicator or applicator business:

1. The applicator or applicator business shall provide the contracting party (person or organization requesting treatment) with pretreatment notification. This notification shall be provided in writing and prior to any treatments being made.

i. The contracting party shall be given sufficient time to review and take appropriate precautions, if needed, to minimize potential exposure to the treated water by any person, pet, domestic animal or irrigated plant life.

2. The pretreatment notification shall consist of the following:

i. A copy of the approved aquatic pesticide permit;

ii. Label instructions of the aquatic pesticide(s) to be used relating to resident or general public safety, including safety precautions and any water use restrictions. A copy of the label of the pesticide(s) approved for use, with the appropriate sections highlighted, may be used for this requirement;

iii. The telephone number of the National Pesticide Telecommunications Network for general health and pesticide toxicology information and the New Jersey Poison Information and Education System telephone number for emergency situations;

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

v. A statement that a copy of the label(s) for the pesticide(s) approved for use will be provided, if requested by the contracting party, prior to any treatment using that pesticide; and

vi. A statement that the exact date of each treatment will be provided prior to the treatment, if requested by the contracting party.

(b) If the contracting party requests a copy of the label(s) for the pesticide(s) approved for use, or the exact date(s) of treatment, such information shall be provided by the commercial applicator or applicator business.

1. The contracting party shall be given sufficient time to review and take appropriate precautions, if needed, to minimize potential exposure to the treated water by any person, pet, domestic animal or irrigated plant life.

(c) Prior to the start of any treatment, signs shall be posted on the shoreline of all treated aquatic sites as specified below. The commercial applicator or applicator business shall be responsible for the posting and removal of the signs, except that the applicator or applicator business may delegate to the contracting party, in writing, the removal of the signs.

1. Signs shall be printed on a minimum of 90 weight paper and shall contain the statement "PESTICIDE TREATED WATER," in letters a minimum of one inch in size; and

2. Signs shall contain date of application, time application is completed, and all water use restrictions pertaining to the pesticide(s) used on that date. For each water use restriction, the length of time that water use is restricted is also required. If there is a total prohibition of a specific water use, that prohibition shall also be stated;

3. Signs shall contain the name and telephone number of the commercial applicator or applicator business to contact for additional information; and

4. For (c)2 and 3 above, the printing shall be legible to a person standing in front of the sign at a distance of three feet;

5. The signs shall remain legible and posted until the greatest time restriction for the use of the treated water has passed, but for a minimum of at least three days.

i. If there are water use restrictions on the sign that have no time limit, such as the total prohibition of a specific water use, the signs shall remain legible and posted for 30 days; and

6. The signs shall be posted in such a manner that they are legible from the principle and common access points to the treated aquatic site.

i. For golf course aquatic sites, the signs may be posted at the starting tees instead of at each treated aquatic site. If posted at the starting tees, each hole that has a treated aquatic site shall be listed. This posting may be incorporated into the signs used for the notification of turf and ornamental applications as per N.J.A.C. 7:30-9.13(c); and

ii. In a treated area without a defined shoreline, a sign shall be posted at the principal access point(s) to the area, instead of along the shoreline.

(d) If specific users of the treated water will be impacted by a water use restriction related to potable water use, irrigation, or stock watering, those users shall be provided by the applicator or applicator business, the same pretreatment notification specified in (a) and (b) above that pertains to the contracting party. These specific users shall include, but not be limited to, those located downstream of the aquatic site treated, under circumstances where movement of the pesticide downstream may be reasonably foreseen.

1. A written record of those notified as per this subsection shall be kept on file by the applicator or applicator business and shall be immediately available upon request by the Department.

(e) Notification of community or area wide applications, as specified in N.J.A.C. 7:30-9.10, is required for treatments of aquatic sites greater than an aggregate of three surface acres.

(f) The applicator or applicator business is exempt from the provisions of (a) above with regard to the contracting party if the contracting party signs a waiver which states that the written information is declined:

1. Such waiver shall be worded as follows: "I have been told that I have the right to receive notification information as outlined in N.J.A.C. 7:30-9.4(a). I decline to receive the information until such time as I withdraw this waiver by notifying the applicator or applicator business in writing." Signed ......

2. The waiver may be withdrawn by the contracting party at any time by notifying the applicator or applicator business, in writing.

3. Waivers shall be kept by the applicator or applicator business on file for at least three years.

4. Waivers shall be provided to the Department immediately upon request.

5. Waivers do not relieve the applicator or applicator business from responsibility to transmit appropriate warnings or precautions to appropriate persons pursuant to N.J.A.C. 7:30-10.2. Waivers are for the contracting party and his property only. This waiver in no way affects notification information which shall be given to others or posted to notify others.

N.J. Admin. Code § 7:30-9.4

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. 7:30-9.4, Storage of pesticides, was recodified to N.J.A.C. 7:30-9.5.
Amended by R.2004 d.452, effective 12/6/2004.
See: 36 New Jersey Register 2124(a), 36 New Jersey Register 5433(a).
In (c), inserted ", time application is completed," following "date of application" in 2.