1. (a) Notification.

   1. (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.

      1. (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.
      2. (ii) The requirement to notify becomes effective 7 days following receipt of the request by the pesticide application business.

   2. (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:

      1. (i) The proposed date and time of application.
      2. (ii) The brand name of every pesticide to be applied including the EPA registration number.
      3. (iii) The business name, address and phone number.
   3. (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.
2. (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.
3. (c) Records. The pesticide application business shall keep records of all requests for notification and records of notifications made for 3 years.
4. (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).