APPENDIX C

Pesticide Control Regulations

Aquatic Pesticide Permit Regulations - N.J.A.C Title 7 Chapter 30, Subchapter 9
and Related Definitions - N.J.A.C. Title 7 Chapter 30, Subchapter 1

"Aquatic pesticide" means any pesticide that contains labeling instructions indicating that the pesticide is intended for use on aquatic sites, except for those uses listed below. If a pesticide label contains both exempted and non-exempted aquatic uses, the pesticide shall still be considered an aquatic pesticide for the purposes of this chapter:

1. Pesticides labeled only for flushing down toilets or to be directly applied to water or sewer pipes, for use in controlling tree roots inside those pipes;
2. Pesticides labeled only for use in cooling towers;
3. Pesticides labeled only as algaecides for use in swimming pools, hot tubs, ornamental ponds, fountains, fish tanks, or water beds. These sites are an artificial, self-contained water with no inlet from or outlet to "natural" water and with label statements prohibiting such discharge; or
4. Algaecides labeled only for use in water treatment plants, waste water treatment plants or sewerage treatment plants.

"Aquatic site" means those areas meeting the definition of "waters of the state" or "wetland."

"Community or area wide" means any pesticide application performed on aggregate areas greater than three acres of land or water which is either part of a pesticide control program performed or contracted by a government agency or is performed by, or contracted for, one person who has control over the use of the land to which the pesticide is applied.

"Drainage ditch" means a linear topographic depression with bed and banks of human construction which is used to remove surface water or ground water from the land, including control of runoff to minimize erosion and sedimentation before and after construction or development. This does not include channelized or redirected natural water courses. See N.J.S.A. 7:7A-1.4 and N.J.A.C. 7:50-2.11 for definitions of "drainage" and "ditch."

"Person" means and shall include 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.

"Pinelands" means those lands defined in N.J.A.C. 7:50-6.

"Significant risk of harm, injury or damage" means a potential for harm, injury or damage which is not purely remote or highly speculative, but capable of being perceived or recognized based on the location, type and amount of pesticide involved, and available scientific information about the pesticide and its effects on persons, property, and the environment.

"Water" or "waters of the State" means the ocean and its estuaries, all springs, streams, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State or subject to its jurisdiction.

"Wetland" means a freshwater wetland pursuant to N.J.S.A. 13:9B-3, a coastal wetland pursuant to N.J.S.A. 13:9A-2 or any wetlands located within the jurisdiction of the Hackensack Meadowlands Commission pursuant to N.J.S.A. 13:17-1 et seq., or the Pinelands Commission pursuant to N.J.S.A. 13:18A-1 et seq.

7:30-9.3 Aquatic pesticide permits

(a) No person shall apply an aquatic pesticide on any aquatic site without having obtained an aquatic pesticide permit for an aquatic application from the Department prior to the intended date of application.

(b) An aquatic pesticide permit shall not be required if the application is to aquatic sites which are not used as a source of potable water and:

1. The application is made to waters which have no outlet and which are bounded by land wholly owned or rented, and controlled, by one person;
2. The application is made for the control of mosquitoes or flies and the application procedure requires approval pursuant to the provisions of N.J.A.C. 7:30-9.2(a) or the application is made by the appropriate lead agency operating under the provisions of the Mosquito Extermination statutes (N.J.S.A. 26:9-1 et seq.);
3. The application is made to retention basins, drainage ditches with no water flow, and similar sites that are designed to collect and retain water for percolation back into the ground, where there is no normal outflow into natural waterways; or
4. The application is made with an aquatic pesticide which qualifies as a "minimum risk" pesticide exempted from regulation by N.J.A.C. 7:30-2.1(m)5.

(c) Applications for an aquatic pesticide permit shall be made on forms supplied by the Department at least 30 days prior to the intended application date.

1. Any information requested on the form shall be submitted.
2. The Department may request any pertinent additional information which it deems necessary to evaluate the application.
3. The Department may require the submission of a report addressing the effectiveness of the treatment and any environmental effects as a condition for approval. The person performing the application shall submit such information to the Department at the time and in the format as specified on the approved aquatic pesticide permit.
4. The applicant shall notify the Department in writing of any proposed changes in the approved aquatic pesticide permit and receive written approval for such changes prior to making any applications.

(d) Failure to submit any requested information or the falsification of any information may result in the denial or revocation of an aquatic pesticide permit.

(e) All conditions for approval specified in an aquatic pesticide permit shall be fulfilled.

(f) A $150.00 fee may be charged for each aquatic pesticide permit. The approved permit is good for a two-year period.

(g) The Department may waive the formal requirements of (c) above if the Department determines there is an emergency situation that warrants expedited review (see the definition of "emergency" in N.J.A.C. (7:30-1.2). This provision shall be exercised only if the information necessary to adequately review the permit is on file with the Department.

(h) The Department will respond to any application for an aquatic pesticide permit within 30 days after the Department receives all the information deemed necessary to evaluate the application.

(i) An aquatic pesticide permit shall not be transferable.

7:30-9.4 Aquatic notification

(a) No application of an aquatic pesticide which requires an aquatic pesticide permit shall be made without the following notification provisions being carried out by the applicator or applicator business:

1. The applicator or applicator business shall provide the contracting party (person or organization requesting treatment) with pretreatment notification. This notification shall be provided in writing and prior to any treatments being made.
i. The contracting party shall be given sufficient time to review and take appropriate precautions, if needed, to minimize potential exposure to the treated water by any person, pet, domestic animal or irrigated plant life.
2. The pretreatment notification shall consist of the following:
i. A copy of the approved aquatic pesticide permit;
ii. Label instructions of the aquatic pesticide(s) to be used relating to resident or general public safety, including safety precautions and any water use restrictions. A copy of the label of the pesticide(s) approved for use, with the appropriate sections highlighted, may be used for this requirement;
iii. The telephone number of the National Pesticide Telecommunications Network for general health and pesticide toxicology information and the New Jersey Poison Information and Education System telephone number for emergency situations;
iv. The telephone number of the Pesticide Control Program and the statement: "This number for pesticide regulation information, pesticide complaints and health referrals";
v. A statement that a copy of the label(s) for the pesticide(s) approved for use will be provided, if requested by the contracting party, prior to any treatment using that pesticide;
vi. A statement that the exact date of each treatment will be provided prior to the treatment, if requested by the contracting party.

(b) If the contracting party requests a copy of the label(s) for the pesticide(s) approved for use, or the exact date(s) of treatment, such information shall be provided by the commercial applicator or applicator business.
1. The contracting party shall be given sufficient time to review and take appropriate precautions, if needed, to minimize potential exposure to the treated water by any person, pet, domestic animal or irrigated plant life.

(c) Prior to the start of any treatment, signs shall be posted on the shoreline of all treated aquatic sites as specified below. The commercial applicator or applicator business shall be responsible for the posting and removal of the signs, except that the applicator or applicator business may delegate to the contracting party, in writing, the removal of the signs.

1. Signs shall be printed on a minimum of 90 weight paper and shall contain the statement "PESTICIDE TREATED WATER", in letters a minimum of one inch in size; and
2. Signs shall contain the brand name of the pesticide, date of application and all water use restrictions pertaining to the pesticide(s) used on that date. For each water use restriction, the length of time that water use is restricted is also required. If there is a total prohibition of a specific water use, that prohibition shall also be stated;
3. Signs shall contain the name and telephone number of the commercial applicator or applicator business to contact for additional information; and
4. For (c)2 and 3 above, the printing shall be legible to a person standing in front of the sign at a distance of three feet;
5. The signs shall remain legible and posted until the greatest time restriction for the use of the treated water has passed, but for a minimum of at least three days.
i. If there are water use restrictions on the sign that have no time limit, such as the total prohibition of a specific water use, the signs shall remain legible and posted for 30 days;
6. The signs shall be posted in such a manner that they are legible from the principle and common access points to the treated aquatic site.
i. For golf course aquatic sites, the signs may be posted at the starting tees instead of at each treated aquatic site. If posted at the starting tees, each hole that has a treated aquatic site shall be listed. This posting may be incorporated into the signs used for the notification of turf and ornamental applications as per N.J.A.C. 7:30-9.13(c);
ii. In a treated area without a defined shoreline, a sign shall be posted at the principal access point(s) to the area, instead of along the shoreline.

(d) If specific users of the treated water will be impacted by a water use restriction related to potable water use, irrigation, or stock watering, those users shall be provided by the applicator or applicator business, the same pretreatment notification specified in (a) and (b) that shall pertain to the contracting party. These specific users shall include, but not be limited to, those located downstream of the aquatic site treated, under circumstances where movement of the pesticide downstream may be reasonably foreseen.

1. A written record of those notified as per this subsection shall be kept on file by the applicator or applicator business and shall be immediately available upon request by the Department.

(e) Notification of community or area wide applications, as specified in N.J.A.C. 7:30-9.10, is required for treatments of aquatic sites greater than an aggregate of three surface acres.

(f) The applicator or applicator business is exempt from the provisions of (a) above with regard to the contracting party if the contracting party signs a waiver which states that the written information is declined:

1. Such waiver shall be worded as follows: "I have been told that I have the right to receive notification information as outlined in N.J.A.C. 7:30-9.4(a). I decline to receive the information until such time as I withdraw this waiver by notifying the applicator or applicator business in writing." Signed_______________
2. The waiver may be withdrawn by the contracting party at any time by notifying the applicator or applicator business, in writing.
3. Waivers shall be kept by the applicator or applicator business on file for at least three years.
4. Waivers shall be provided to the Department immediately upon request.
5. Waivers do not relieve the applicator or applicator business from responsibility to transmit appropriate warnings or precautions to appropriate persons pursuant to N.J.A.C. 7:30-10.2. Waivers are for the contracting party and his property only. This waiver in no way affects notification information which shall be given to others or posted to notify others.