N.J. Admin. Code § 7:30-9.16

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

Section 7:30-9.16 - General agricultural notification

(a) Any private or commercial pesticide applicator, who has been issued any notice by the Department for violations of regulations concerning pesticide drift, direct application to non-target site(s), or misuse involving risk or actual harm, injury or damage to persons or the environment, which has occurred during the course of producing an agricultural commodity shall be subject to these notification requirements.

1. This requirement to notify shall commence upon the applicator's receipt of the notice as specified in (a) above and shall continue for a period of five years.

2. Should the applicator receive another notice for a violation concerning pesticide drift, direct application to non-target sites, or misuse as specified in (a) above during this five year period, then a new five year period shall commence with the applicator's receipt of the latest violation notice.

(b) The applicator shall post a flag or sign prior to any outdoor pesticide application that is made within 250 feet from the abutting or contiguous property line, so that the sign is visible to those neighboring persons who abut the treated site.

(c) The applicator shall post such flag or sign at the start of the application and shall remain posted at least 24 hours and removed within 72 hours of the end of the restricted entry interval.

1. The signs shall be posted in the following manner:

i. The flag(s) or sign(s) shall be legible from the neighboring borders or fence line abutting the treated areas; and

ii. If a smaller section of a larger property has been treated, only the treated area need be posted with a flag or sign.

2. The signs shall bear the following information in letters at least one inch high:

i. "Pesticide Treated Area"; and

ii. The name and telephone number of the person to contact for additional information.

(d) The applicator shall be responsible for removing the flag or sign.

N.J. Admin. Code § 7:30-9.16

New Rule, R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).