Subchapter C. PRIOR NOTIFICATION

§ 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.

 (a)  Prior notification required. A commercial/public applicator may not make a specific site application of a restricted use pesticide without first giving prior notification orally or by certified mail to every person residing in a dwelling on land contiguous to the application site.

 (b)  Additional information.

   (1)  Upon request made by a person entitled to notice at least 7 days prior to the proposed application date to the person designated to receive requests for additional information, 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 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.

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

   (1)  An application of a restricted use pesticide within a detached structure.

   (2)  An application of a restricted use pesticide where applied directly below the soil surface, except where a well or spring is located within 25 feet of the application site or where a soil fumigant is used.

   (3)  An application of a restricted use pesticide in a tamper resistant bait tray or placed in a rodent burrow which is inaccessible to children or pets.

 (a)  Notification.

   (1)  A pesticide business that meets the definitions of category 06 (ornamental and shade trees) or 07 (lawn and turf) of §  128.42 (relating to categories of commercial and public applicators) regarding general use pesticides shall at least 12 hours prior to the time of application provide every person residing in a dwelling on land contiguous to the application site with 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.

   (2)  Within 10 days of receiving a request, the pesticide application business shall provide a copy of the label for every pesticide to be used.

 (b)  Exceptions. A person is not entitled to notification under subsection (a) unless the person makes a written request at least 7 days prior to the proposed date of application.

 (c)  Premises sharing mutual border. The request described in subsection (b) shall list by street address premises which share a mutual border with the premises owned by the person making the request.

   The provisions of this §  128.83 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5924. Immediately preceding text appears at serial page (144321).

 (a)  Prior notification required. A commercial/public applicator may not make an area-wide application of a restricted use pesticide 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 application site may request additional information from a person designated to receive requests for additional information. Upon the request, the applicator shall provide the following information at least 12 hours prior to the time of application:

     (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.

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

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

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

   (3)  The person making a request under this subsection shall identify in his request the name and address of every person operating agricultural land which shares a common border with property owned by the person making the request.

 (c)  Use of placards. In lieu of requirements contained in subsections (a) and (b), 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 or may post placards around the application site at least 18 hours prior to the time of application. If the applicator uses placards, the placards shall contain the information required by this section for prior notification.

 (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.

 A person shall be deemed to have received notification under this subchapter if an adult residing in the same dwelling is so notified.

 If this subchapter authorizes an applicator to give prior notification by certified mail, the prior notification shall be effective upon receipt.

 (a)  The applicator shall keep, for each occasion in which prior notification is required, a record containing the following information:

   (1)  A copy of the newspaper advertisement or a statement describing other methods of prior notification that this chapter authorizes.

   (2)  The name and address of every person requesting additional information.

   (3)  The date and time of individual notification.

   (4)  A copy of correspondence relating to prior notification.

 (b)  A record required to be kept under this section shall be maintained for at least 3 years and shall be made immediately available to the Department upon request.

 A request for notification made under this subchapter shall expire on December 31 in the year in which it is made.

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