[HISTORY: Adopted by the Mayor and Council of the Borough of Buena as indicated in article histories Amendments noted where applicable.]
Property maintenance — See Ch. 181.
Article I Gypsy Moth Spraying
[Adopted 2-14-1984 by Ord. No. 290]
As used in this article, the following terms shall have the meanings indicated:
- The Pesticide Control Act of 1971 as amended, N.J.S.A. 13:1F-1 et seq.
- COMMERCIAL PESTICIDE APPLICATOR
- Any person (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide for any purpose or on any property other than as provided by the definition of "private pesticide applicator."
- COMMERCIAL PESTICIDE OPERATOR
- Any person who applies pesticides by equipment, including aerial spraying, under the direct supervision of a certified and registered responsible pesticide applicator.
- COMMUNITY- OR AREA WIDE
- Any pesticide application performed on aggregate areas greater than three acres of land which is part of a pest control program administered by a governmental agency or which is contracted for or performed by one person who has the use of the land to which the pesticide is applied.
- Any person who hires a commercial pesticide applicator business to perform the job of spraying for gypsy moths on one or more properties in the Borough of Buena, on property owned or controlled by him.
- Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals.
- Includes any substance or mixture of substances labeled, designed or intended for use in preventing, destroying, repelling or mitigating the gypsy moth and the gypsy moth caterpillar, provided that the term "pesticide" shall not include any substance or mixture of substances which the United States Environmental Protection Agency does not consider to be a pesticide.
- PESTICIDE APPLICATOR BUSINESS
- Any person who either wholly or in part holds himself out for hire to apply pesticides in the State of New Jersey.
- PRIVATE PESTICIDE APPLICATOR
- Any person who uses or supervises the use of any pesticide for purposes of producing any agricultural commodity on property owned or rented by him or his employer or, if applied without compensation, other than trading of personal services between producers of agricultural commodities, on the property of another person.
- RESPONSIBILE PESTICIDE APPLICATOR
- Any individual who is accountable for the use of a pesticide by himself or any person under his direct supervision.
- STATE REGULATIONS
- Pesticide rules and regulations promulgated under the Act and clarified in N.J.A.C. 7:30.
- TARGET SITE
- A specific location, including but not limited to any lot, delineated field or area, or part thereof, that is intended to be treated by a pesticide so that gypsy moths may be controlled or eradicated.
- Any act of handling or release of a pesticide, or exposure of man, property or the environment of a pesticide through acts which include but are not limited to applying a pesticide, including mixing and loading in any required supervisory action in or near the area of application; handling, transporting or storing a pesticide or pesticide containers; or disposal actions for a pesticide and/or containers or equipment associated with a pesticide.
No person who owns, leases, controls or otherwise uses property in the Borough of Buena shall spray or otherwise apply pesticides for the control or eradication of gypsy moths on said property unless said person shall contract with a commercial pesticide applicator or operator who owns or conducts a pesticide applicator business which is duly licensed pursuant to state regulations of the State of New Jersey.
Any person who contracts with a commercial pesticide applicator or operator to spray or apply pesticides to a target site in the Borough of Buena for the purpose of controlling or eradicating gypsy moths or any responsible pesticide applicator shall comply with the provisions of this article.
Any person who contracts with a commercial pesticide applicator or operator for the purpose of spraying or applying a pesticide to a target site in the Borough of Buena, or any responsible pesticide applicator, shall be required to give notice to contiguous and adjacent property owners and users of the target site prior to the application of pesticides as hereinafter set forth:
All persons who own property which is contiguous to or adjacent to the target site shall be given notice at least 48 hours prior to the time when the pesticide is actually applied. Such notice may be by certified mail, return receipt requested, provided that the letter is actually received two days prior to the proposed date of pesticide application. Such notice may also be by personal service or by telephone notice, provided that the person contacted by telephone is an adult resident of the contiguous or adjacent property or, if no person resides thereon, then is an owner of said property.
The notice to be given shall include:
The date or dates of the proposed pesticide application.
The location of the application.
The name, address and registration number of the applicator business or the responsible pesticide applicator associated with the application.
The brand name and active ingredient of the pesticide to be used.
The application equipment to be used.
The name, address and telephone number of a person who may be contacted and is responsible for supplying updated information regarding the pesticide applications to be made to those persons requesting it.
In the event that proposed application of a pesticide for the eradication or control of gypsy moths scheduled for a certain date is postponed for any reason, the contractor or responsible pesticide applicator shall give telephone or personal notice to all contiguous and adjacent property owners as soon as reasonably possible to notify of the postponement and to further notify all contiguous and adjacent property owners as to when the application of pesticide will be rescheduled, including the approximate time thereof. Further, in the event that a reasonable attempt to provide notice as otherwise required herein by the contractor or responsible pesticide applicator is unsuccessful, a further attempt to notify contiguous or adjacent property owners, by telephone or personally, shall be made immediately prior to the application of pesticide.
This article shall not apply to community- or areawide applications of pesticides for the control or eradication of gypsy moths, provided that, in the event of community-wide applications, all requirements of state regulations shall be met, and provided that, in the event of areawide applications, all requirements of state regulations are met and the target site is not within 100 feet of the property line of the person who has the use of the land to which the pesticide is applied.
No person shall engage in the activities of a commercial pesticide operator, a commercial pesticide applicator or a pesticide applicator business without having satisfied the applicable requirements established by the New Jersey Department of Environmental Protection and having obtained a valid pesticide operator registration issued by that Department.
Each commercial pesticide operator and each commercial pesticide applicator shall at all times have in his or her possession a valid registration card and shall produce it immediately upon request by proper enforcement personnel.
A pesticide applicator business shall keep records of each application of pesticides in accordance with the provisions of state regulations, and such records shall be made available to all proper enforcement personnel.
No person shall engage in the activities of a private pesticide applicator without having satisfied the applicable requirements established by the New Jersey Department of Environmental Protection and having obtained a valid private pesticide applicator registration issued by that Department. Such registration card shall be made available within 24 hours of request of proper enforcement personnel. All private pesticide applicators shall keep records of each application of pesticides in accordance with provisions of state regulations, and all such records shall be made available to all proper enforcement personnel.