N.J. Admin. Code § 7:30-9.8

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

Section 7:30-9.8 - Emergency containment and disposal of pesticides

(a) Whenever any fire, explosion, casualty, or any other event or circumstance results in upset or spillage of any pesticide, or results in the placement or location of any pesticide such that it might move, flow, seep or in any way emanate from such location into the air, into any adjacent property, into any drain or sewer, into any source of potable water, into any ground water or into any of the waters of this State, then such pesticide shall immediately be contained, covered, or removed or such other steps taken in accordance with this section, as may be necessary to stop or prevent any such movement, flow seepage or emanation.

(b) The responsibility for the measures required by this section shall be jointly and severally upon:

1. The owner of the premises upon which such pesticide is located;

2. The person responsible for the presence of the pesticide on the premises; and

3. Any person responsible for the upset, spill, or circumstances resulting in such placement or location of the pesticide described in this paragraph.

(c) Each of the persons designated in (b)1, 2 and 3 above shall be responsible for the immediate notification of the Department as delineated in 7:30-9.17, upon the occurrence of a pesticide incident as described in this section.

(d) No person shall discard, burn, bury, or in any other way dispose of any pesticide involved in an event such as one described in (a) above, except in accordance with a written plan for such disposal submitted within 10 work days of the event and approved in writing by the Department, Pesticide Control Program.

(e) The written plan shall satisfy the Department:

1. That such disposal will not result in the contamination of the air or of any surface waters, ground waters, potable waters or any other waters of this State;

2. That such disposal will not result in the incineration or placement in any landfill, dump or refuse disposal area of any pesticide, except as may be approved in writing or in regulation by the Department; and

3. That such disposal will not endanger the public health, safety or welfare or present a significant risk of such danger.

N.J. Admin. Code § 7:30-9.8

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. 7:30-9.8, Notification: community or areawide applications, was recodified to N.J.A.C. 7:30-9.10.