Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Prior notification required. A commercial/public applicator
may not apply a restricted use pesticide for an agricultural purpose without
first giving prior notification in the form of a notice published in two
newspapers of general circulation in the affected area.
(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
restricted use pesticide application site may request additional information
from the pesticide application business. Upon the request, the pesticide
application business shall make constructive notification at least 12 hours
prior to the time of application, and provide the following additional
information:
(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.
(iii) The business name,
address and phone number.
(2) The person making a request under this
subsection shall identify in the request the name and address of every person
operating agricultural land which shares a common border with property resided
on by the person making the request.
(3) 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)
Alternate forms of notification.
(1) In lieu of requirements in subsection
(a), a pesticide application business may give constructive notification to a
person residing in every dwelling unit on land contiguous to the restricted use
pesticide application site at least 18 hours prior to the time of application.
The pesticide application business shall provide the proposed date and location
of the application, the brand name of every restricted use pesticide to be
applied including the EPA registration number and the business name, address
and phone number.
(2) In lieu of
requirements in subsection (a), an applicator may post placards at usual points
of entry to the application site and at the borders with adjoining properties
owners at least 18 hours prior to the time of application. This placard must
remain posted until the conclusion of any restricted reentry time listed on the
pesticide label. The placards must be at least 8 1/2 inches by 11 inches in
size and be printed with "Public Notice of Pesticide Application" and contain
the pesticide application business's name, address, phone number and the brand
name of every restricted use pesticide to be applied including the EPA
registration number.
(d)
Exceptions. An application of a restricted use pesticide does
not require prior notification where applied directly below the soil surface,
except where a well or spring is located within 25 feet of the application site
or a soil fumigant is used.
The provisions of this §128.83a issued under section
7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
111.27(b)(2)).
