Subchapter C. PRIOR NOTIFICATION


Sec.


128.81.    Right-of-way application.
128.82.    Nonagricultural specific site application.
128.83.    [Reserved].
128.83a.    Agricultural application.
128.84.    Nonagricultural area-wide application.
128.85.    [Reserved].
128.85a.    Ornamental or turf application notification.
128.86.    [Reserved].
128.87.    [Reserved].
128.88.    Recordkeeping.
128.89.    Notification request.

§ 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 by constructive notification to a person residing in every dwelling unit on land contiguous to the restricted use pesticide application site.

 (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 pesticide application business. Upon the request, the pesticide application business shall make constructive notification and 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 written request, the pesticide application business shall, within 10 days of receiving a request under this subsection, provide a copy of the label for every restricted use pesticide used or 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.

Authority

   The provisions of this §  128.81 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(2)).

Source

   The provisions of this §  128.81 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (305265) to (305266).

Cross References

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

§ 128.82. Nonagricultural specific site application.

 (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 by constructive notification to a person residing in every dwelling unit on land contiguous to the application site.

 (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 the pesticide application business. Upon the request, the pesticide application business shall make constructive notification and 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 written request, the pesticide application business shall within 10 days of receiving a request under this subsection provide a copy of the label for every restricted use pesticide used or 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.

   (4)  An application of a restricted use pesticide that is injected into trees or utility poles.

Authority

   The provisions of this §  128.82 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(2)).

Source

   The provisions of this §  128.82 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (305266) to (305267).

Cross References

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

§ 128.83. [Reserved].


Source

   The provisions of this §  128.83 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5924; reserved December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305267).

Cross References

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

§ 128.83a. Agricultural application.

 (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 the pesticide application business. Upon the request, the pesticide application business shall make constructive notification at least 12 hours prior to the time of application, and 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.

     (iii)   The business name, address and phone number.

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

   (3)  Upon written request, the pesticide application business shall, within 10 days of receiving a request under this subsection, provide a copy of the label for every restricted use pesticide used or to be used.

 (c)  Alternate forms of notification.

   (1)  In lieu of requirements in subsection (a), a pesticide application business may give constructive notification to a person residing in every dwelling unit on land contiguous to the restricted use pesticide application site at least 18 hours prior to the time of application. The pesticide application business shall provide the proposed date and location of the application, the brand name of every restricted use pesticide to be applied including the EPA registration number and the business name, address and phone number.

   (2)  In lieu of requirements in subsection (a), an applicator may post placards at usual points of entry to the application site and at the borders with adjoining properties owners at least 18 hours prior to the time of application. This placard must remain posted until the conclusion of any restricted reentry time listed on the pesticide label. The placards must be at least 8 1/2 inches by 11 inches in size and be printed with ‘‘Public Notice of Pesticide Application’’ and contain the pesticide application business’s name, address, phone number and the brand name of every restricted use pesticide to be applied including the EPA registration number.

 (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.

Authority

   The provisions of this §  128.83a issued under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(2)).

Source

   The provisions of this §  128.83a adopted December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044.

§ 128.84. Nonagricultural area-wide application.

 (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 the pesticide application business. Upon the request, the pesticide application business shall make constructive notification and 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.

     (iii)   The business name, address and phone number.

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

Authority

   The provisions of this §  128.84 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(2)).

Source

   The provisions of this §  128.84 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (305267) to (305268).

Cross References

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

§ 128.85. [Reserved].


Authority

   The provisions of this §  128.85 reserved under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(2)).

Source

   The provisions of this §  128.85 reserved December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (305268) to (305269).

Cross References

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

§ 128.85a. Ornamental or turf application notification.

 (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.

Authority

   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)).

Source

   The provisions of this §  128.85a adopted December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044.

Cross References

   This section cited in 7 Pa. Code §  128.42 (relating to categories of commercial and public applicators).

§ 128.86. [Reserved].


Authority

   The provisions of this §  128.86 reserved under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(2)).

Source

   The provisions of this §  128.86 reserved December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305269).

Cross References

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

§ 128.87. [Reserved].


Authority

   The provisions of this §  128.87 reserved under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(2)).

Source

   The provisions of this §  128.87 reserved December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305269).

Cross References

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

§ 128.88. Recordkeeping for prior notification.

 (a)  The pesticide application business 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 or additional information.

 (b)  A record required to be kept under this section shall be completed in written or printable form no later than 24 hours after the application date, maintained for at least 3 years and be made immediately available to the Department upon request.

Authority

   The provisions of this §  128.88 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(2)).

Source

   The provisions of this §  128.88 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305269).

Cross References

   This section cited in 7 Pa. Code §  130d.4 (relating to retained recordkeeping); and 7 Pa. Code §  130d.5 (relating to public notice by applicant).

§ 128.89. Notification request.

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

Cross References

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



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