http://www.dec.state.ny.us
BELOW IS A BRIEF SUMMATION OF WHAT YOU, AS HOMEOWNERS, CAN EXPECT TO SEE IN YOUR COMMUNITY REGARDING VISUAL NOTIFICATION MARKERS.
homeowners, turf king, landscapers(licensed), even moonlighters.
Everyone has to comply!!!!
YOu will see an unusual amount of markers in your community, these markers do not indicate a change in any of the lawn care programs that you have had in the past, it is just a reflection of new laws, that are now in effect.
Turf king can continue to manage your lawn, by using less markers by treating less of an area more often (with the exception of our early spring application)
all other applications will not need notification markers, since we will be using other products and/or treating less than 100 sq.ft.
Let Turf king manage your lawn!
1-800-813-0002
WHERE IS THE NEIGHBOR NOTIFICATION LAW IN EFFECT?
The Law as it applies to commercial or residential lawn care is only in effect in Nassau, Suffolk and Albany Counties as well as New York City.
WHAT IS THE NEIGHBOR NOTIFICATION LAW?
The Neighbor Notification Law of 2000, formally know as chapter 285 of the Laws of 200, added new provisions to Title 10 of Article 33 of Environmental Conservation Law (ECL) regarding posting of visual notification markers for residential lawn applications, posting of signs at certain retail establishments, and mandating neighbor notification of certain commercial lawn applications.
WHAT IS A RESIDENTIAL LAWN APPLICATION?
A residential lawn application is any application of over-the-counter pesticides (herbicides, insecticides, fungicides, etc.) to ground, trees or shrubs on outdoor property owned, leased or rented by the individual making such application The following pesticide applications are not considered residential lawn application: the application of pesticide for the purpose of producing an agricultural commodity (vegetables, fruits, etc.); or the application of pesticides around or near the foundation of a building for the purpose of indoor pest control (ants, earwigs, etc.)
STOP!!
IF YOU HIRE TURF KING, A COMPANY WITH OWNER/OPERATOR LICENSED APPLICATOR, YOU DO NOT NEED TO COMPLY WITH ANY OF THE FOLLOWING LAWS AND DO NOT NEED TO READ ANY FURTHER.
HOWEVER, THESE DAYS, PLEASE MAKE SURE ANY ONE ELSE YOU HIRE; HAS A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PESTICIDE APPLICATOR I.D. (Ask to see mine)
WHAT ARE MY OBLIGATIONS UNDER THE NEIGHBOR NOTIFICATION LAW IF I HIRE A PESTICIDE APPLICATOR TO APPLY PESTICIDES TO MY LAWN, TREES OR SHRUBS?
You have NO OBLIGATIONS under the Neighbor Notification Law, if your lawn applications are made by a commercial applicator. Your commercial lawn applicator, however, is required to comply with all of the commercial lawn application provisions of the Neighbor Notification Law.
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WHAT DOES THE LAW REQUIRE FOR RESIDENTIAL LAWN APPLICATORS?
If your County has adopted a local law to implement the Neighbor Notification Law, individuals who make residential lawn applications of more than 100 square feet to property they own, lease or rent, must post visual notification markers around the perimeter of the lawn pesticide application site to warn others of the pesticide application.
WHAT ARE THE REQUIREMENTS FOR POSTING VISUAL NOTIFICATION MARKERS?
Any person making a residential lawn application to an area of more than 100 sq.ft. must post visual notification markers every 50 feet along the perimeter of the area where pesticides are to be applied. These markers need not be placed at any portion of the perimeter of the treated area which is rendered impassable by fence, wall, hedge or similar natural topographic barrier, however, every treated are of over 100 sq.ft. must be marked by at least two notification markers.
Markers must be posted on the day of any residential lawn application and must be in place before the pesticides are applied.
Markers must be clearly visible to persons immediately outside the perimeter of the property.
Markers must instruct persons not to enter the treated property and not to remove the markers sooner than 24 hours following the residential lawn application.
Markers must be a least 4 x 5 inches in size
Markers must be posted such that the top of the marker is at least 12" above the ground.
Text on the markers must be in contrasting colors to the background and in letters at least 3/8" of an inch in height.
WHY DO I HAVE TO PUT MARKERS NO FURTHER THAN 50 FEET APART?
The fifty-foot distance was selected to increase the likelihood that people will read the signs, avoid the treated areas, and reduce risk of exposure. The intent is to notify persons who would walk across the lawn, not using the normal entry point.
DO I HAVE TO POST VISUAL NOTIFICATION MARKERS ALONG FENCES AND HEDGES?
No. You need not place markers along any portion of the perimeter of the treated area, which is rendered impassible by a fence, wall hedge or similar device or natural topographic feature. However, every treated area of over 100 sq.ft. must be marked by at least two visual notification markers.
WHEN DO I HAVE TO HAVE THE MARKERS IN PLACE?
The markers must be in place prior to the application and remain posted for a period of not less than 24 hours following the application.
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HOW FAR IN ADVANCE CAN I POST THE VISUAL NOTIFICATION MARKERS?
The markers must be placed on the day of the application and must be in place prior to the application.
DO I HAVE TO BUY VISUAL NOTIFICATION MARKERS?
No. you can make your own marker as long as they meet the requirements for makers described above.
CAN I REUSE THE VISUAL NOTIFICATION MARKERS?
As long as the markers include all of the required information, including the date and time of the current application, they may be reused.
ARE THERE ANY LAWN PESTICIDES I CAN USE AND BE EXEMPT FROM THE VISUAL NOTIFICATION REQUIREMENT?
No. Any residential lawn application of more than 100 sq.ft. must meet the visual notification requirements.
WHO ENFORCES THE NEIGHBOR NOTIFICATION LAW?
Your County government will enforce the Neighbor Notification Law.
WHAT ARE THE PENALTIES FOR VIOLATION OF THE RESIDENTIAL LAWN APPLICATION REQUIREMENTS OF THE NEIGHBOR NOTIFICATION LAW?
The penalties set forth in the Neighbor Notification Law are a maximum of:
A written warning and educational materials for the first violation
A $100.00 fine for the second violation
A $250.00 fine for the third and subsequent violations.
These penalties may be levied only after a hearing or opportunity to be heard.
WHAT INFORMATION MUST BE ON THE VISUAL NOTIFICATION MARKER?
Each marker must include the following information on the front of the marker:
The phrase "PESTICIDE APPLICATION," "PESTICIDE TREATMENT", or "PESTICIDES APPLIED"
The date and time of the residential lawn application; and
Instructions to not enter the treated portion of the property or remove the markers for 24 hours.
WHY IS THE DATE AND TIME OF APPLICATION REQUIRED TO BE PUT ON THE VISUAL NOTIFICATION MARKERS?
The markers must be in place for 24 hours. These requirements can only be enforced if the date and time are indicated on the markers. Homeowners will know when these signs should be removed, law enforcement agents can verify compliance, and in the event the markers are not removed in timely manner, people approaching the treated area will have an indication as to when the application actually occurred. Using crayons or other "erasable" marking devices can easily reuse visual notification markers.
