Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General. Prior to a
pesticide application being made by a commercial or public pesticide
application business the following conditions shall be met:
(1) Each individual listed on the current
registry whose primary residence or secondary locations property line is within
500 feet of the application site shall be notified of the pesticide
application.
(2) Notification shall
consist of providing the following information to the individual on the
registry:
(i) Date, location (application
site), earliest possible start time and latest possible finish time of
application. The range between start and finish times may be no greater than 24
hours.
(ii) Brand name, EPA number
and active ingredient common name (if on the label) of the pesticide products
which may be used.
(iii) The name,
telephone number and pesticide business license number of the pesticide
application business.
(iv) A copy
of the label for every pesticide used within 10 days of a written
request.
(3) Notification
shall be made between 12 hours and 72 hours prior to the pesticide
application.
(4) Notification shall
be made by telephone, personal contact or certified mail or, if available,
electronic mail or facsimile.
(i) Notification
requirements are met through constructive notification by contacting the
hypersensitive person's daytime or nighttime listings in the register or if the
information is given to an adult contacted by dialing the alternate telephone
number.
(ii) If notification cannot
be made after at least two telephone contact attempts, notification may be made
by placing the written notification information on the front door of the listed
residence or secondary location listed in the registry within 500 feet of the
application site 12 to 72 hours prior to the application.
(iii) A record shall be kept of every contact
and contact attempt made under this paragraph.
(b)
Exceptions. The
following types of application do not require notification under this section:
(1) An application of a pesticide within a
detached structure not listed as a secondary location.
(2) An application of a pesticide directly
below the soil surface.
(3) An
application of a pesticide in a tamper-resistant bait station.
(4) An application of a pesticide to a tree
or utility pole by means of injection.
(5) An application of a disinfectant or
sanitizer.
(6) Application of a
pesticide in the care and maintenance of a swimming pool.
(c)
Recordkeeping. A record
of the notification information required under this section, including the time
and method of notification, shall be made within 24 hours following the
application and maintained for at least 3 years and shall be made immediately
available to the Department upon request.
The provisions of this §128.112 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).
