Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Notification.
(1) A person who wishes to be notified of
future pesticide applications to lawn, turf, ornamental or shade trees on
neighboring property shall submit a written request to the licensed pesticide
application business that will be making the pesticide application. This
notification is limited to applications made by pesticide application
businesses operating under pesticide applicator Category 06 or 07 (relating to
ornamental and shade trees; and lawn and turf) as described in §
128.32 (relating to categories of
business licenses) and limited to neighboring property sharing a mutual
property border within 100 feet of the pesticide application site.
(i) This written request for notification
must provide the neighboring property owner's name and street address for each
neighboring property where a pesticide application may occur and notification
is desired.
(ii) The requirement to
notify becomes effective 7 days following receipt of the request by the
pesticide application business.
(2) Upon receiving a written request for
notification at least 7 days prior to the application date, a pesticide
application business shall make constructive notification to the requester at
least 12 hours prior to the application and provide the following information:
(i) The proposed date and time of
application.
(ii) The brand name of
every pesticide to be applied including the EPA registration number.
(iii) The business name, address and phone
number.
(3) If
specifically requested in writing, the pesticide application business shall,
within 10 days of receiving a request, provide a copy of the labels for every
pesticide used or to be used.
(b)
Expiration of request. A
request for notification made under this subchapter shall expire on December 31
in the year in which it is made.
(c)
Records. The pesticide
application business shall keep records of all requests for notification and
records of notifications made for 3 years.
(d)
Exceptions. An
application of a pesticide to a tree by means of injection is not subject to
notification.
The provisions of this §128.85a issued 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 §
128.42 (relating to categories of
commercial and public applicators).
