NJ DEPARTMENT of ENVIRONMENTAL
Assistant Commissioner Wolf Sckacel
Pesticide Control Program
Notice of Rule Proposal
Pesticide Control Code; readoption with amendments; N.J.A.C. 7:30
Take notice that the NJ Department of Environmental Protection is proposing a readotion with amendments. A statement of the substance of the proposal follows:
Pursuant to Executive Order No. 66 (1978) and a one year extension granted by Governor Jon S. Corzine, N.J.A.C. 7:30 expires on October 25, 2007. This rule action will readopt with amendments to Subchapters 1 through 13. The Department has reviewed these rules and determined them to be necessary, reasonable and proper for the purpose for which they were originally promulgated.
The Department intends to amend and clarify several parts of the rule, for example the definitions of certain terms in Subchapter 1; and components of record keeping that are required to be documented under Subchapters 6, 7 and 8.
Further amendments and clarifications include the requirement in Subchapters 3 and 4 that a pesticide dealer shall give the purchaser of pesticide products an actual copy of the Pesticide Program’s information sheet on certification and licensing under Subchapter 3 and 4; the presence of a porch over a basement shall be depicted on diagrams required for termiticide applications in Subchapter 6 and 7; any person who stores pesticides shall include a written description or diagram depicting the exact location on the property where the pesticide storage area is located, in addition to the information already required in Subchapter 9; and community and area wide notification shall specify a street name, or names of the streets at the nearest intersection in order to clarify the location of the pesticide application, and the electronic distribution of consumer notifications, with a confirmation of receipt system in place.
Proposed additions "by reference" to the rule include the reference in Subchapter 10 to the New Jersey Board of Public Utilities’ (BPU) "One Call Damage Prevention System" which requires a call to the BPU prior to engaging in excavation activities, such as termiticide applications; and the U.S. Environmental Protection Agency’s newly adoptedStandards for Pesticide Container and Containment Regulations, published in 2006 at 71 FR 47330-47437 is appropriately referenced in N.J.A.C. 7:30-2.1(o).
The change in Subchapter 2 proposes to raise the cost of registering a pesticide product from $250 to $300. The increased fee is in order to generate sufficient revenues to adequately off-set the increasing costs of operations, the fee has not been increased for over 12 years.
In Subchapter 6, the Department proposes to eliminate the $10 fee for license exam sign-up, and shift this revenue source to the overall commercial pesticide applicator community (that is required to take the exams) with a $5 increase (from $75 to $80) in the commercial applicator license fee. This will be a "revenue neutral" shift that will not result in additional revenue for the Department, but it will eliminate the administrative burden of handling thousands of $10 checks for exam sign-up. Concurrently, the Department proposes a $50 fee for those people who sign up for an exam and fail to show up for the exam without just cause. This $50 fee is not a planned revenue source; rather it is designed to create sufficient incentive for applicators to follow through with exam obligations and reduce the administrative burden of repeat exam sign-ups.
There is a proposal to delete the reference to the Rutgers New Jersey Agricultural Experiment Station Publication No. 40001-01-09, Insecticides Recommended for Mosquito Control in New Jersey, which is outdated and its removal is supported by Rutgers and the Department’s Office of Mosquito Control Coordination.
An amendment to Subchapter 9 includes the standardization of the signs used to notify the public of turf and ornamental pesticide applications. The standard background color proposed is white and reflects the general consensus of the rulemaking task force. One member of the task force has spearheaded a legislative effort to make the standard color of the sign silver, thus the proposal for white may generate some comment.
There is a proposed clarification to the language in Subchapter 10 about re-entry of children and staff following a pesticide application at day care centers. This amendment clarifies an existing requirement that specifies that when a pesticide label does not give a specific number of hours or minutes before entering a pesticide-treated area, that a 7-hour re-entry time must be enforced.
Another fee increase is proposed for Subchapter 10, the assessment of fees for sample analysis. These sampling fees have not increased in approximately 15 years despite the increasing laboratory costs. The proposed increases range from 2 to 3 times the existing fees and reflect the actual costs to analyze a sample. These fees are assessed to a violator only in cases where the sampling confirms a violation.
Subchapter 13 - Integrated Pest Management (IPM) in Schools is proposed to be amended to clarify that each school shall maintain a site specific IPM Plan, each school or school district shall report any changes in the designation of the IPM coordinator, and all records shall be provided to medical personnel in emergency cases.
The proposal is scheduled to be published in the New Jersey Register dated December 3, 2007. A copy of the proposal is available from: The DEP web site(PDF); David M. Munn, Rule Manager, PO Box 411, Trenton, NJ 08625; Official repository libraries; LexisNexis Customer Service at (800)223-1944 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.
A public hearing(s) concerning the proposal is scheduled as follows:
10:00 AM – 12:00 Noon, Wednesday, January 9, 2008
4 Station Plaza, 3rd Floor
Conference Room 1
22 South Clinton Ave., Trenton, NJ
Written comments may be submitted by February 1, 2008 to:
NJ Department of Environmental Protection
Oneida Cuevas, Esq.
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625
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