§ 128.112. Notification of hypersensitive individuals.

 (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 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.

     (i)   Notification requirements are met if the information is placed on a telephone answering device activated by calling the registrant’s telephone number, or if the information is given to an adult contacted by dialing the daytime, nighttime or 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 location.

     (iii)   A record shall be kept of every telephone 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 single family residential detached structure.

   (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 by means of injection. Prior notification requirements contained in §  128.83 (relating to ornamental or turf application) remain applicable.

   (5)  An application of a disinfectant or sanitizer.

 (c)  Recordkeeping. A record of the notification information required under this section, including the time and method of notification, shall be maintained for at least 3 years and shall be made immediately available to the Department upon request or to medical personnel in an emergency.

   This section cited in 7 Pa. Code §  130d.5 (relating to public notice by applicant).