§ 128.81. Right-of-way application.

 (a)  Prior notification required. A commercial/public applicator may not apply a restricted use pesticide to a right-of-way without first giving prior notification in the form of a notice published in two newspapers of general circulation in the affected area.

 (b)  Alternative form of notification. In lieu of the notification requirements described in subsection (a), an applicator may give prior notification orally or by certified mail to every person residing in a dwelling on land contiguous to the restricted use pesticide application site. This subsection does not apply to an aerial application of a restricted use pesticide.

 (c)  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 person designated to receive requests for additional information. Upon the request, the applicator shall provide the following additional information at least 12 hours prior to the time of application:

     (i)   The proposed date and time of the application.

     (ii)   The brand name of every restricted use pesticide to be applied including the EPA registration number.

   (2)  Upon request, the designated person shall, within 10 days of receiving a request under this subsection, provide a copy of the label for every restricted use pesticide to be used.

 (d)  Exceptions. The following types of ground application do not require prior notification:

   (1)  Injections internal to utility poles and trees.

   (2)  Ground line applications to utility poles.

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