§ 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).
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