Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Prior notification
required. A commercial/public applicator may not make a specific site
application of a restricted use pesticide without first giving prior
notification by constructive notification to a person residing in every
dwelling unit on land contiguous to the application site.
(b)
Additional information.
(1) At least 7 days prior to the proposed
application date, a person residing in a dwelling on land contiguous to the
application site may request additional information from the pesticide
application business. Upon the request, the pesticide application business
shall make constructive notification and provide the following additional
information at least 12 hours prior to the time of application:
(i) The proposed date and time of
application.
(ii) The brand name of
every restricted use pesticide to be applied including the EPA registration
number.
(2) Upon written
request, the pesticide application business shall within 10 days of receiving a
request under this subsection provide a copy of the label for every restricted
use pesticide used or to be used.
(c)
Exceptions. The
following types of application do not require prior notification:
(1) An application of a restricted use
pesticide within a detached structure.
(2) An application of a restricted use
pesticide where applied directly below the soil surface, except where a well or
spring is located within 25 feet of the application site or where a soil
fumigant is used.
(3) An
application of a restricted use pesticide in a tamper resistant bait tray or
placed in a rodent burrow which is inaccessible to children or pets.
(4) An application of a restricted use
pesticide that is injected into trees or utility poles.
The provisions of this §128.82 amended under section
7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
111.27(b)(2)).
This section cited in 7 Pa. Code §
130d.5 (relating to public notice
by applicant).
