Current through Register Vol. 54, No. 49, December 7, 2024
Section 128.82 - Nonagricultural specific site application(a)Prior notification required. A commercial/public applicator may not make a specific site application of a restricted use pesticide without first giving prior notification by constructive notification to a person residing in every dwelling unit on land contiguous to the application site.(b)Additional information.(1) At least 7 days prior to the proposed application date, a person residing in a dwelling on land contiguous to the application site may request additional information from the pesticide application business. Upon the request, the pesticide application business shall make constructive notification and provide the following additional information at least 12 hours prior to the time of application: (i) The proposed date and time of application.(ii) The brand name of every restricted use pesticide to be applied including the EPA registration number.(2) Upon written request, the pesticide application business shall within 10 days of receiving a request under this subsection provide a copy of the label for every restricted use pesticide used or to be used.(c)Exceptions. The following types of application do not require prior notification: (1) An application of a restricted use pesticide within a detached structure.(2) An application of a restricted use pesticide where applied directly below the soil surface, except where a well or spring is located within 25 feet of the application site or where a soil fumigant is used.(3) An application of a restricted use pesticide in a tamper resistant bait tray or placed in a rodent burrow which is inaccessible to children or pets.(4) An application of a restricted use pesticide that is injected into trees or utility poles.The provisions of this § 128.82 amended December 10, 2010, effective 12/11/2010, 40 Pa.B. 7044.The provisions of this § 128.82 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
This section cited in 7 Pa. Code § 130d.5 (relating to public notice by applicant).