Subchapter E. MISCELLANEOUS

§ 128.101. Reporting of pesticide accidents.

 (a)  The Secretary has designated the Department as the State agency to which significant pesticide accidents or incidents shall be reported.

 (b)  An applicator, a pesticide application technician or another person who has knowledge of a significant pesticide accident or incident shall report it to the Department.

 (c)  As used in this section, the term ‘‘significant pesticide accident or incident’’ means an accident or incident involving a pesticide which creates a danger to human beings or results in damage to plant or animal life.

 (a)  An application of a restricted use pesticide within 100 feet of certain publicly-owned or designated lands will not be permitted unless a waiver is granted by the Secretary. Lands affected by this restriction include:

   (1)  State forest land designated ‘‘Natural Areas and Wild Areas.’’

   (2)  Areas containing endangered or rare organisms. These organisms are identified at 17 Pa. Code Chapter 45 (relating to conservation of Pennsylvania native wild plants); and 58 Pa. Code Chapters 75 and 133 (relating to endangered species; and wildlife classification).

 (b)  A person may file a request with the Secretary for a waiver of the prohibition contained in subsection (a). The request will contain the following information:

   (1)  A general statement relating to the purpose and need for the pesticide application.

   (2)  Specific evaluation of possible detrimental effects on water quality, air quality, groundwater, public health and safety, nontarget plants and animals, habitat diversity and interspersion and biological productivity.

   (3)  Specific evaluation of expected benefits.

   (4)  Additional information which may be requested by the Secretary.

 (a)  A person may not use, handle, transport, store, display or distribute a pesticide in a manner that endangers man or his environment or contaminates food, feed, feed supplements, medications, fertilizers, seed or other products that may be handled, transported, stored, displayed or distributed with the pesticides.

 (b)  A person may not use, or cause to be used, a pesticide inconsistent with its labeling. A pesticide label containing an advisory instruction concerning the use of the pesticide being an environmental hazard shall be considered by the Secretary as a further restriction on the pesticide’s use.

 (c)  An application of a pesticide may not be made where weather conditions are such that it can be expected that the pesticide will move off of the proposed application site.

 (d)  A person may not dispose of, store or receive for disposal or storage a pesticide, pesticide container or pesticide container residue in a manner that does one or more of the following:

   (1)  Is inconsistent with its label or labeling.

   (2)  Causes or allows the open dumping of pesticides or pesticide containers. Open burning by the owner of small quantities of combustible containers that do not exceed 50 pounds is exempt if the pesticide residue does not contain organic mercury, chlorates, lead, cadmium or arsenic compounds and the Commonwealth or local regulations permit the burning. When the burning takes place, regard shall be given to wind direction in relation to the protection of crops, animals and people from pesticide vapors created through burning.

   (3)  Causes or allows dumping of pesticides in a stream, river, pond, sewer or lake, except in conformance with permits issued jointly by the Department of Environmental Protection and the Fish and Boat Commission, or other Commonwealth agencies having jurisdiction regarding water pollution.

   (4)  Violates an applicable State or Federal pollution control standard.

 (e)  A person shall dispose and store pesticides, pesticide containers and pesticide container residue in accordance with acts and regulations administered by the EPA and the Department of Environmental Protection.

 (f)  A person may not directly apply pesticides to the property of another without first obtaining permission of the owner, or occupant having care, custody or control of the property to do so, except in the case of easements or right-of-ways or when done under the direction of a governmental entity to protect the health and welfare of the public.

 (g)  A person may not use a pesticide in a manner which results in unwanted residues on the property of another, except in the case of easements or right-of-ways or when done under the direction of a governmental entity to protect the health and welfare of the public.

 (h)  A person may not apply a pesticide unless it has been registered by the Department or it is used under the provisions of an experimental use permit or research conducted under an exemption from an experimental use permit.

 (i)  A person may not store, transport or otherwise possess a pesticide in a service container unless the service container is legibly marked to indicate the name and percentage of active ingredients and is accompanied by a readily available copy of the registered label that represents the pesticides contained therein. The following exceptions apply:

   (1)  Service containers containing pesticide end-use dilutions when the containers are used as application devices.

   (2)  Service containers containing pesticide end-use dilutions which are required by other regulations to have pesticide label information accompany them.

   (3)  Service containers containing pesticide end-use dilutions when the containers are used as nurse tanks (with a capacity greater than 55 gallons) in the production of an agricultural commodity.

 (j)  A person may not place or keep a pesticide in a container which has been labeled for food or drink.

 (a)  A certified applicator is responsible for the actions of persons acting under his supervision and shall instruct the persons in the method of application for the pesticides that will be applied.

 (b)  A certified applicator shall be present at the application site on a routine basis to evaluate the work performance of those working under his supervision. The amount of time that a certified applicator spends at the application site shall be based upon the competence and experience of the person being supervised.

 A pesticide other than a disinfectant or sanitizer may not be applied in a common access area within a school building when students are expected to be in the common access area for normal academic instruction or organized extracurricular activities within 7 hours following the application. The applicator shall also comply with reentry time restrictions contained on the pesticide label, whichever is greater.

   The provisions of this §  128.106 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5924.