Current through Register Vol. 56, No. 24, December 18, 2024
(a)
Restricted use pesticides and containers contaminated by residues of restricted
use pesticides shall, when unattended, be stored in a secure, locked enclosure.
Such an enclosure shall bear prominently displayed warnings in English and any
other language or languages as may be designated by the Department to reflect
the ethnic majority of the local geographical area in which the storage area is
located.
(b) Any person required to
be a licensed pesticide applicator or dealer who stores any pesticide shall
maintain a list of the pesticides stored or likely to be stored during the
license year and shall annually send a copy of this list with an explanatory
cover letter to the local fire company along with a written description or
diagram depicting the exact location of the area on the property where the
pesticide is stored; provided that the provisions of this subsection shall not
apply to individuals who are storing pesticides for their personal use on their
private residence or persons who are storing pesticides for less than seven
calendar days at loading or application sites in connection with their use.
1. The list shall be updated and sent to the
local fire company each year by May 1.
2. The list shall be kept at a location which
is separate from the actual storage site.
3. The cover letter shall explain that this
list has been sent pursuant to
N.J.A.C.
7:30-9.5(b).
4. A copy of each year's cover letter shall
be kept on file for three years and shall be provided immediately upon request
by the Department.
(c)
No person shall store restricted use pesticides in a building wholly or partly
occupied as a private residence unless:
1. The
actual storage area, such as a garage, is a structurally separate room for
those commonly used as living areas of the residence, and the ventilation in
the storage area is sufficient to keep fumes and/or any potential fumes from
intruding into the living areas of the residence; and
2. In the case of multi-family private
residences, the actual storage area is a structurally separate room from those
rooms commonly used as living areas, and the location of the storage area does
not present a significant risk of harm, injury or damage to residents in the
building and the ventilation in the storage area is sufficient to keep fumes
and/or any potential fumes from intruding into the living areas of the
residence.
(d) No person
shall store restricted use pesticides in a building wholly or partly occupied
as a commercial establishment or institution unless:
1. The actual storage area is a structurally
separate room from those occupied as work areas and the ventilation in the
storage area is sufficient to keep fumes and/or any potential fumes from
intruding into the occupied areas of the building; and
2. In the case of multi-unit commercial
establishments or institutions, the actual storage area is a structurally
separate room from those rooms commonly used as living or work areas, and the
location of the storage area does not present a significant risk of harm,
injury or damage to occupants or employees in the building and the ventilation
in the storage area is sufficient to keep fumes and/or any potential fumes from
intruding into the occupied areas of the building.
(e) The storage of any restricted use
fumigant as delineated in
N.J.A.C.
7:30-2.10(a)2 in a
multi-family private residence, or in multi-unit commercial establishments or
institutions, is considered to present a significant risk of harm, injury or
damage and is prohibited.
1. This prohibition
shall not apply to the storage of Ethylene Oxide as long as it is stored in
accordance with OSHA requirements pursuant to 29 CFR Part 1910.
(f) No person shall store or
transport pesticides in any service vehicle unless:
1. The service vehicle has posted thereon
prominently displayed signs on at least the two sides of the vehicle, which
clearly identifies the vehicle as containing pesticides or which clearly
identifies the vehicle as being a pest control service vehicle. Lettering on
signs shall be a minimum of three inches high;
i. The service vehicle shall also conform to
the applicable advertising requirements of
N.J.A.C.
7:30-2.12 and, if it is an applicator
business, the requirements of
N.J.A.C.
7:30-7.1(e);
2. All containers smaller than
five gallons are securely stored in such a manner as to be resistant to being
spilled or directly bumped by other containers;
3. Glass containers of any size are securely
padded to avoid breakage;
4. Five
gallon or larger containers are tightly braced or secured to a structural part
of the service vehicle such as to the side, to prevent or reduce movement
resulting from a sudden stop;
5.
The service vehicle is provided with a supply of an absorbent material,
sufficient to soak up or contain any liquid spills which may occur, and a
shovel and/or broom and pan used exclusively to help contain the
spills;
6. The service vehicle is
equipped with at least an accessible and working 10-B:C dry chemical, or carbon
dioxide fire extinguisher;
7. The
pesticides are stored in a compartment separate from the driver, such as the
bed of a pick-up truck or a van equipped with a partition. Such a partition may
consist of a grillwork or heavy screening designed to limit movement of the
pesticide containers;
8. All
pesticide containers or any pesticide contained in portable application
equipment, such as hand-held pressurized tank sprayers, are locked or secured
to the vehicle in such a manner as to prevent removal by unauthorized persons,
when such container or application equipment is located at an open, accessible
area on the service vehicle when unattended; and
9. The hatch or door on any service vehicle
tank containing a pesticide is equipped with a cover that will prevent spillage
when the vehicle is in motion.
(g) No person who stores any pesticide shall
store or display a pesticide next to food, or animal feed products; provided,
that the provisions of this subsection shall not apply to individuals who are
storing pesticides for their personal use on their private residence.
(h) Any person who stores or displays any
pesticide shall have equipment, used exclusively for pesticide spill response
and clean up, immediately available, including, but not limited to:
1. Enough absorbent material to absorb any
liquid spill which could potentially occur; and
2. A shovel or a dust pan and brush, which
shall be used exclusively to help contain the spill and pick up any absorbent
material or dry pesticide, or a recovery or containment system capable of
containing any spill which could potentially occur.
(i) The provisions of (h) above shall not
apply to individuals who are storing pesticides for their personal use on their
private residence.
