[HISTORY: Adopted by the Board of Health of the Township
of Vernon 5-13-1986. Amendments
noted where applicable.]
GENERAL REFERENCES
Right to farm — See Ch. 240.
An ordinance regulating pesticide use and application and fixing
penalties for violations is hereby established pursuant to N.J.S.A.
13:1F-13.
This chapter shall be known and may be referred to as the "Pesticide
Ordinance of the Township of Vernon."
The purpose of this chapter is to regulate the use and application
of pesticides, as herein defined, so as to limit human exposure, prevent
contamination of surface and ground water supplies, prevent loss of
soil fertility and prevent the destruction or endangerment of those
species of wildlife and their habitat not defined as pests under the
definition of this chapter.
The following words and terms, when used in this chapter, shall
have the following meanings:
The Pesticide Control Act of 1971, as amended, N.J.S.A. 13:1F-1
et seq.
Any ingredient which will prevent, destroy, repel, control,
or mitigate pests, or which will act as a plant regulator, defoliant,
or desiccant.
Any plant or part thereof, or animal, or animal product,
produced by a person (including farmers, ranchers, vineyardists, plant
propagators, Christmas tree growers, aquaculturists, floriculturists,
orchardists, foresters, or other comparable persons) primarily for
sale, consumption, propagation, or other use by man or animal.
The characteristic designation by words, symbols, name, number
or trademark of a specific, particular pesticide or formulation thereof
under which the pesticide is distributed, sold, offered for sale,
handled, stored, used, or transported in the State of New Jersey.
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."
Any person who applies pesticides by equipment other than
aerial under the direct supervision of a certified and registered
responsible pesticide applicator.
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 control over the use of the land to which the pesticide
is applied.
Any person who hires a commercial pesticide applicator business
to perform an ornamental pest control application utilizing hydraulic
spraying equipment operating at a rate greater than 300 psi and 10
gpm, airblast sprayers, or aerial application equipment on property
owned or controlled by him. For the purposes of this definition, the
term "contractor" shall include any person who makes such application
on property owned or controlled by him.
The United States Environmental Protection Agency.
Trees, shrubs, and other planting in and around habitations
generally, but not necessarily located in urban and suburban areas,
including residences, parks, streets, retail outlets, industrial and
institutional buildings.
Includes corporations, companies, associations, societies,
firms, partnerships, and joint-stock companies as well as individuals,
and shall also include all political subdivisions of this state or
any agencies or instrumentalities thereof.
Includes any substance or mixture of substances labeled,
designed or intended for use in preventing, destroying, repelling
or mitigating any pest, or any substance or mixture of substances
labeled, designed or intended for use as a defoliant, desiccant, or
plant regulator; provided that the term "pesticide" shall not include
any substance or mixture of substances which the EPA does not consider
to be a pesticide.
Any person who either wholly or in part holds himself out
for hire to apply pesticides in the State of New Jersey.
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.
An official designated by the municipality, subject to approval
by the New Jersey Department of Environmental Protection, whose duties
are to enforce the rules and regulations promulgated under this chapter.
Any individual who is accountable for the use of a pesticide
by himself or any person under his direct supervision.
Any pesticide or pesticide use so classified under the provisions
of N.J.A.C. 7:30-2 or so classified by the Administrator of the United
States Environmental Protection Agency.
Pesticide rules and regulations promulgated under the Act
and codified in N.J.A.C. 7:30.
A specific location, including but not limited to any crop,
commodity, object, delineated field or area, or structure or part
thereof, that is intended to be treated by a pesticide so that any
pests therein or thereon are controlled. This term does not include
any similar site which was not a part of the original agreement between
the contracting parties even if such site is included on the label
or labeling of the pesticide.
Any act of handling or release of a pesticide, or exposure
of man, property, or the environment to a pesticide through acts which
include but are not limited to:
A.
No person shall engage in the activities of a commercial pesticide
operator 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.
B.
Each commercial pesticide operator shall at all times have in his/her
possession the valid registration card and shall produce it upon request
by proper enforcement personnel.
A.
No person shall engage in the activities of a commercial pesticide
applicator without having satisfied the applicable requirements established
by the New Jersey Department of Environmental Protection and having
obtained a valid commercial pesticide applicator registration issued
by that Department.
B.
Each commercial pesticide applicator shall at all times have in his/her
possession the valid registration card and shall produce it immediately
upon request by proper enforcement personnel.
C.
Each commercial pesticide applicator must keep records of each application
of pesticides in accordance with provisions of state regulations.
Such records shall be made available to all proper enforcement personnel.
A.
No person shall engage in the activities of 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 applicator business registration issued
by that Department. The business registration shall be made immediately
available upon request of proper enforcement personnel.
B.
The pesticide applicator business must keep records of each application
of pesticides in accordance with provisions of state regulations.
Such records shall be made available to all proper enforcement personnel.
A.
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.
B.
The valid registration card shall be made available within 24 hours
of the request of proper enforcement personnel.
C.
All private pesticide applicators must keep records of each application
of pesticides in accordance with provisions of state regulations.
Such records shall be made available to all proper enforcement personnel.
No person shall store restricted use pesticides without first
meeting the applicable provisions of state regulations.
No person shall add water to any pesticide handling, storage,
or application equipment via a hose, pump, or other equipment unless
such hose, pump, or other equipment is fitted with an effective valve
or device to prevent backflow of pesticides or liquids containing
pesticides into water supply systems, streams, lakes, other sources
of water or other areas; except that such backflow devices or valves
are not required when the hose, pump, or other equipment is not allowed
to contact or fall below the level of the liquid in the handling,
storage, or application equipment to which water is being added and
no other possible means of establishing a back-siphon or backflow
exists.
All persons having employees who use, apply, transport or otherwise
handle any pesticide shall make available to such employees any necessary
and appropriate safety equipment in good working order and shall train
such employees in the proper operation of such safety equipment.
A.
No person shall apply any pesticide on a community or area wide basis
unless prior notification of the proposed application has been given
to persons residing in the vicinity of the proposed target site.
(1)
The notification shall be made through advertisement in at least
two newspapers having the greatest likelihood of informing the public
within the area of application.
(2)
The newspaper notification must be given a maximum of 60 days and
a minimum of seven days prior to the proposed application date.
(3)
The notification must contain at least:
(a)
The proposed application date;
(b)
The location of the application;
(c)
The name, address, and registration number of the applicator
business or the responsible pesticide applicator associated with the
application;
(d)
The brand name and active ingredients of the pesticide(s) to
be used;
(e)
Application equipment to be used; and
(f)
The name, address, and phone number of a person who may be contacted
and is responsible for supplying updated information on the advertised
pesticide applications to those persons requesting it.
(4)
Upon the request by a person residing in the vicinity of the proposed target site, to a person designated pursuant to Subsection A(3)(f) above, such designated person shall provide, at a minimum, the following information at least 12 hours prior to the application, except that, if a reasonable attempt to provide notice is unsuccessful, an attempt to notify such person, by telephone, shall be made immediately prior to the application.
(5)
The person designated pursuant to Subsection A(3)(f) above shall maintain a record of all telephone calls, attempted and completed with persons requesting information referred to in Subsection A(4) above, and a file of related correspondence. Such record and file shall be made available to the proper enforcement personnel upon request. The minimum information required to be kept on the call record shall include:
(6)
The person making the application subject to the notification requirements
shall keep a record of the newspapers in which the advertisement was
placed and the dates published. This information shall be made available
to the proper enforcement personnel upon request.
B.
The provisions of this section shall not apply to any pesticide application
which is made for the purpose of producing an agricultural commodity,
mosquito larviciding applications, or the application of granular
formulations in nonresidential areas.
A.
No person shall cause or allow an outdoor ornamental pest control
application utilizing hydraulic spraying equipment operating at a
rate greater than 300 psi and 10 gpm, airblast sprayers, or aerial
application equipment on property owned or controlled by him unless
the following procedures have been followed:
(1)
General public requesting notification. Any person desiring notification
of outdoor ornamental pesticide applications may register with the
Township Clerk or other designated municipal agent by April 1 of the
calendar year in which the applications subject to notification will
occur, unless the municipality chooses not to maintain this registry.
(2)
The contractor shall obtain the names and addresses of persons requesting
notification from the Township Clerk, Department of Health and Human
Services, or other designated municipal agent or through other available
resources such as personal contact with residents and owners of property
adjacent and contiguous to the contractor's property and shall
provide notice to such registered persons and residents and owners
of property adjacent and contiguous, at least 48 hours prior to the
proposed application, by mail or by personal delivery, such notice
to contain the following information:[1]
(a)
A general statement of the purpose of the notification and procedures
to follow to obtain additional updated information;
(b)
The proposed application date(s);
(c)
The location of the application;
(d)
The name, address, and registration number of the applicator
business or the responsible pesticide applicator associated with the
application;
(e)
The brand name and active ingredients of the pesticide(s) to
be used; and
(f)
The name, address, and phone number of the applicator who may
be contacted and is responsible for supplying updated information
on the proposed pesticide applications to those persons requesting
it.
(3)
Upon the request of any resident of property adjacent and contiguous to the contractor's property, to the applicator designated pursuant to Subsection A(2)(f), such designated applicator shall provide, at a minimum, the following information at least 12 hours prior to the application, except that if a reasonable attempt to provide notice is unsuccessful, an attempt to notify such person, by telephone, shall be made immediately prior to the application:
(4)
The applicator designated pursuant to Subsection A(2)(f) above shall maintain a record of all telephone calls, attempted and completed with persons requesting information referred to in Subsection A(3)above, and a file of related correspondence. Such record and file shall be made available to the proper enforcement personnel upon request. The minimum information required to be kept on the call record shall include:
(5)
The contractor shall keep a record or file of the notice he provided,
which may include a copy of the receipt for the certified letter(s),
if certified mail is utilized.
(6)
The provisions of this section shall not apply to an additional application
made on the same day and in the same locality as an application governed
by this section, if the following requirements are satisfied:
(a)
The contractor demonstrates to the satisfaction of the local
governing authority that he had not hired the applicator more than
48 hours prior to the start of the application governed by this section;
B.
Prior to performing an outdoor ornamental pest control application subject to the notification provisions, the commercial pesticide applicator shall provide the contractor with a written statement outlining the contractor's notification responsibilities and the specifics of the proposed application referred to in Subsection A(2) or (3) above.
C.
The contractor may delegate, in writing, his notification responsibilities
to the commercial pesticide applicator, provided the commercial pesticide
applicator agrees, in writing, to assume the notification responsibilities
as delineated in this chapter.
D.
The commercial pesticide applicator is not responsible for any actions resulting from the failure of the contractor to fulfill his notification obligations unless the contractor has delegated and the commercial pesticide applicator has assumed the notification responsibilities as stated in Subsection C above.
E.
The provisions of this section shall not apply to any pesticide application
which is made for the purpose of producing an agricultural commodity
or to any person required to supply advance notification pursuant
to the provisions of N.J.A.C. 7:30-10.9.
F.
The provisions of this section shall not apply where the target site
is greater than 100 feet from the contractor's property line.
A.
No person shall make an outdoor application of a pesticide product
which has information on its label or labeling noting that the product
is toxic to bees unless such person first notifies, at least 36 hours
prior to the application, each apiarist who:
(1)
Desires notification;
(2)
Maintains an apiary which is located within 1/2 mile of the target
site;
(3)
Has been registered with either the New Jersey Department of Environmental
Protection or the New Jersey Beekeepers Association by April 1 of
the calendar year in which the applications subject to the notification
requirements of this section will occur.
B.
Notification pursuant to Subsection A above may be given to the apiarist directly or, in the case of any apiarist registered with the New Jersey Beekeepers Association, through the local designated agent of that association; provided that the agent has agreed to make the required notification and has himself been given notification at least 72 hours prior to the intended application.
C.
The notification must include the following information:
(1)
The intended date of the application;
(2)
The approximate time of the application;
(3)
The brand name and active ingredient of the pesticide to be applied;
(4)
The location of the land on which the application is to be made;
and
(5)
The name and certified pesticide applicator registration number of
the responsible pesticide applicator.
D.
If the application date is changed so that the application will not
occur on the intended date specified in the original notification
of application but will be conducted during the next consecutive day,
notification must be given to the individual apiarist as soon as reasonably
possible but not later than 10:00 p.m. the night prior to the new
application date.
E.
If the owner or operator of an apiary does not choose to move, cover,
or otherwise protect the apiary, the application may be made without
delay; provided that such application complies with the pesticide
labeling and any provisions of the Act or any rules and regulations
promulgated thereunder.
F.
The provisions of this section shall not apply to any person using
a pesticide on an aggregate area less than three acres; provided that
the application is not made with hydraulic spraying equipment operating
at a rate greater than 300 psi and 10 gpm, airblast sprayers, or aerial
equipment.
G.
Any person required to notify apiarists pursuant to the provisions
of this section shall not be responsible for notifying any apiarist
who cannot be notified because:
(1)
The New Jersey Department of Environmental Protection and the New
Jersey Beekeepers Association have failed to provide information deemed
necessary by the Department for such notification; or
(2)
The New Jersey Beekeepers Association has failed to or been unable
to notify any apiarist(s) after agreeing to do so.
H.
The provisions of this section shall not apply to any pesticide application
which is made for agricultural purposes, except to the crops within
the dates and/or stage as stated below:
A.
No pesticide applicator business shall engage in the activity or
business of pesticide application within the territorial limits of
Vernon Township without having obtained a permit from the Department
of Health and Human Services. This permit shall be obtained prior
to the first pesticide application and shall be valid for the calendar
year in which it is issued.[1]
B.
For the issuance of a permit to engage in the business or activity
of pesticide application, a fee of $35 is hereby established.
A.
No contractor as herein defined shall cause any pesticide application
to be performed without having obtained a permit from the Department
of Health and Human Services. This permit shall be obtained at least
three days prior to each proposed pesticide application.[1]
B.
For the issuance of a permit to a contractor, a fee of $2 for each
application is hereby established.
A.
No person except as exempted under § 440-12B (to wit: applications for the purpose of producing an agricultural commodity, mosquito larviciding applications, or the application of granular formulations in nonresidential areas) shall apply or cause to be applied any pesticide on a community or area wide basis as defined in this chapter without obtaining a permit from the Department of Health and Human Services at least three days prior to each proposed pesticide application.[1]
B.
For the issuance of a permit to apply or cause to be applied any
pesticide on a community or area wide basis, a fee of $10 for each
application is hereby established.
C.
No permit shall be required for applications by any government agency
pursuant to the proper authority vested in that agency.
Any person violating, or failing to comply with, any of the
provisions of this chapter shall, upon conviction thereof, be punishable
by a fine of not less than $5 nor more than $500 in the discretion
of the Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuance of the violation may be punished
as provided above for each separate offense.
