N.J. Admin. Code § 7:30-10.5

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

Section 7:30-10.5 - Additional restrictions on the use of organochlorine termiticides

(a) If an organochlorine termiticide is used, it shall be used in accordance with the current Federally registered label or labeling, the preceding restrictions of N.J.A.C. 7:30-10.4(a) through (q) and the following additional restrictions of (a) through (k) below, whichever is most restrictive.

1. Exceptions from these additional restrictions may be granted at the Department's discretion if scientific evidence shows that the organochlorine termiticide(s) may be used without significant risk of harm, injury, or damage to persons, property or the environment.

(b) No organochlorine termiticide may be sprayed onto any interior surface exposed to the air or injected into wood structural elements in any post-construction termite application.

(c) No person shall make an application of a termiticide to soil along the exterior of a foundation wall by rodding or trenching unless:

1. The surface of the treated soil is covered with at least one-half inch of untreated soil, except in the erosion prone areas as provided in (c)4 below;

2. When backfilling a trench with soil removed prior to starting the application, the final layer of backfill is not added until all the termiticide puddles have been absorbed into the bottom of the trench;

3. Visible holes, cracks, and other above grade surface openings in the foundation wall which extend below the level of the outside grade are filled with mortar or other suitable material to the extent feasible prior to the application to prevent infiltration of pesticides into basements or crawlspaces; and

4. Soil in areas along a foundation obviously prone to erosion, such as soil immediately adjacent to a gutter downspout, shall have treated soil covered with enough untreated soil to prevent the erosion from reaching the treated layer, but in no case less than two inches of untreated soil.

(d) The provisions of (c) above shall not apply to the extent that the soil removed by trenching is treated away from the site as provided in (k)5iv below; however, coverage with at least one-half inch or two inches of untreated soil is required as in (c)1 and 4 above.

(e) Voids in foundation walls may be left untreated when, in the experience of the applicator and after review of the structure and evidence of damage or infestation therein, leaving such voids untreated will effect a successful treatment. Upon selection of this option, with subsequent discovery of continued infestation necessitating treatment of the voids, treatment shall be performed consistent with label directions and the provisions of (f) below.

(f) No person shall make an application of an organochlorine pesticide into voids of hollow block, brick, and tile foundations unless done pursuant to the following restrictions:

1. The foundation shall be capped at the top of the foundation with cement, mortar, or other suitable material in such a manner as to completely seal the opening;

2. The foundation shall have all visible holes, cracks, and other openings sealed to the extent feasible prior to treatment;

3. The foundation shall have any paneling or other wall covering, as in the case of a finished basement, removed prior to treatment for inspection and sealing as in (f)2 above, or have a member of the termite application crew inside the basement during treatment observing for evidence of leaks. If a leak is observed by such crew member, application shall immediately cease, the spill be absorbed, the paneling or other wall covering removed, and any visible holes or cracks sealed prior to continuing treatment. If this second option is selected, other clean-up procedures, to be determined by the Department when discovered or reported pursuant to N.J.A.C. 7:30-9.17, may be required in addition to absorption of the termiticide; and

4. Rubble and stone foundations shall not be treated with an organochlorine pesticide.

(g) No person shall treat the void behind a brick, stone, or other veneer on the exterior of a structure with an organo-chlorine termiticide unless the injection hole is below the top of the foundation. If treatment is required above the foundation, application shall be made with a pesticide, other than an organo-chlorine, which is labeled for use at this site.

(h) No person shall make an application of any organochlorine termiticide to a basement floor, unless applied pursuant to the following restrictions listed by structural floor type and/or condition:

1. Exposed soil basement floors shall be treated by shallow trenching adjacent to the foundation, rodding or flooding the trench and backfill, and covering with at least two inches of untreated soil.

2. Wood basement floors over soil shall be treated by removal of the wood floor and treating the perimeter consistent with label directions and (h)1 above. Treated soil shall be covered with at least two inches of untreated soil or the entire soil floor covered with a concrete slab.

3. Concrete slab floors with an expansion joint more than one-quarter inch wide shall be treated by first sealing the expansion joint with cement, mortar, or equivalent material and then treating consistent with label directions.

4. Concrete slab floors with a French drain system shall be treated by low pressure injection beneath the slab and/or expansion joint with a pesticide, other than an organo-chlorine, labeled for this site. Such a french drain system shall be checked for potential seepage or spill after treatment. If a seepage or spill is observed, the spill shall be absorbed. Other clean-up procedures, to be determined by the Department when discovered or reported pursuant to N.J.A.C. 7:30-9.17, may be required in addition to absorption of the termiticide.

5. Basement floors which are wet shall not be treated, unless it can be determined that the site of injection is above the level of the surrounding water table.

6. Basement floors with a high local water table which is known to the person contracting for the termite treatment and communicated to the applicator shall not be treated, unless the floor can be treated when the water table is below the level of the site of injection.

7. Basement floors which have a sump pump pit in which there is standing water shall not be treated. Such a floor shall only be treated when the sump pit is completely dry.

(i) No person shall make an application of an organochlorine pesticide to a crawlspace unless applied pursuant to the following restrictions listed by structural type and/or other conditions:

1. Accessible crawlspaces with no heating unit (see definition in N.J.A.C. 7:30-1.2) present and with exposed soil shall be treated by shallow trenching adjacent to the foundation, application consistent with label directions for trenching, and then coverage of the treated soil with a minimum of two inches of untreated soil.

2. Accessible crawlspaces with no heating unit present and with the soil covered with a thin grout or equivalent material shall be treated consistent with label directions for treatment of slabs, unless the grout or equivalent material breaks up upon drilling, whereupon these areas shall be sealed with concrete or equivalent material in such a manner as to adequately close all holes, cracks, or seams resultant from the treatment. Coverage of the treated surface with a minimum of two inches of untreated soil is also acceptable.

3. Accessible plenum crawlspaces shall not be treated with an organochlorine pesticide.

(j) No person shall make an application of an organochlorine pesticide to an inaccessible crawlspace.

(k) No person shall make an application of an organochlorine pesticide beneath a slab containing air ducts unless the air ducts are securely and permanently filled at the duct openings with a concrete or equivalent plug, any visible cracks or seams in the slab surface sealed, and the slab then treated consistent with label directions. The exterior soil may be treated with an organochlorine pesticide labeled for this site by rodding or trenching.

N.J. Admin. Code § 7:30-10.5

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. 7:30-10.5, Aerial application of pesticides, was recodified to N.J.A.C. 7:30-10.6.