March
30,2001
Recent legislation (L 2000, c. 285) amends the Environmental Conservation Law ("ECL"), the Education Law ("Ed. Law") and the Social Services Law ("SSL") with respect to notification relating to commercial and residential lawn pesticide applications, and pesticide applications at schools and daycare facilities. Prior notification requirements established by the legislation do not apply to, among other things, "emergency applications] of a pesticide when necessary to protect against an imminent threat to human health." ECL § 33-1004(l)(b)(ii)(L); Ed. Law § 409-h(2)(e)(x); SSL § 390-c(2)(c)(x).
This form was developed for use by applicators who make "emergency applications" without providing the 48-hour prior notification to persons in the vicinity of the application and others as required by law. When emergency applications are made, the applicator is required to make a written report to the New York State Department of Health. To comply with this requirement, applicators must provide the following information in as complete a form as possible. The completed form should be sent to the address at the end of the form within three business days of the application. Additional pages may be attached if needed.
Once the submitted form (and any attached pages) is reviewed, the applicator and/or the person who determined that an emergency application was warranted may be contacted for further information. The Department of Health will then determine if an emergency application was justified and distribute its determination to other interested parties such as the New York State Department of Environmental Conservation and county authorities. If it is determined that an emergency application was unwarranted, a penalty may be imposed on the applicator.
Name
of person who applied the pesticides
Pesticide
business registration number or certified applicator
identification number
Name and address of applicator's business
Telephone of applicator’s business Fax and e-mail address (if available) Date and time of emergency application Name of the person who determined the need for an
emergency pesticide application Telephone number of this person
Telephone
number of applicator's business
