| (B) after the farm operator has made reasonable efforts
to notify the requesting party by telephoning the requesting party
at the number(s) provided during the time(s) specified in the written
request.
(j) In the event an immediate application is required
and notice cannot be given as required by subsection (i) of this section,
such notice need not be given. Notice of an emergency application
shall be given:
(1) by the method selected pursuant to subsections
(g)(1), (3) and (4) of this section as soon as reasonably possible
before the application; or
(2) by telephone or in person to medically affected
persons as soon as reasonably possible before the application. In
no event shall notice of an emergency application to medically affected
persons be given less than one hour before the scheduled application.
However, an emergency application need not be postponed if after reasonable
efforts by the farm operator actual notice cannot be given.
(k) Flags/signs raised under this section should be
removed or lowered within 24 hours after the reentry interval expires.
However, in no event shall such flags/signs be left posted for more
than 72 hours after the reentry interval has expired. In the event
that a pesticide application is not made when scheduled, the flag/sign
may be left posted until after the reentry interval has expired.
(l) A person who has requested notice of a pesticide
application under this section shall notify the farm operator promptly
and in writing of any change of address or telephone number. Notice
need not be given at any vacant structure or premises, or at any structure
or premises which is not the place of residence or business of a person
entitled to notice under this section.
(m) All complaints filed under this section shall be
reviewed and investigated by the department in the same manner as
any other complaints filed under this chapter.
(n) The Texas Boll Weevil Eradication Foundation (foundation)
or other areawide pest control programs sponsored by a governmental
entity must adhere to the following:
(1) For applications made by the foundation as part
of its boll weevil eradication program or other areawide pest control
program sponsored by a governmental entity, the entity making the
application or causing the application to be made is responsible for
meeting prior notification requirements of this subsection. The farm
operator is responsible for accepting requests for and providing prior
notification in accordance with this section for applications made
by the farm operator.
(2) A request for notification of an application made
by an entity covered by this subsection may be made by those persons
listed in subsection (c) of this section. No request is necessary
for prior notification of farm labor camps owned, managed, or controlled
by a farm operator and located on or within 1/4 mile of a field on
which pesticides are to be applied by the foundation or other entity;
provided that the farm operator is responsible for notifying the foundation
or other entity of the presence of such labor camps.
(3) Requests made under this section shall be in writing
to the foundation or other entity or the farm operator and shall include
the information required by subsection (d) of this section.
(4) The farm operator is responsible for notifying
the foundation or other entity covered by this subsection of any requests
for prior notification received by the farm operator relating to an
application that will be made or caused to be made by the foundation
or other entity. The information must be provided to the foundation
or other entity within 24 hours of its receipt by the farm operator.
The information may be provided:
(A) by telephone at a telephone number obtained from
the department;
(B) by mailing the written request to the foundation
or other entity at an address obtained from the department; or
(C) by any other reasonable means, so long as the information
is forwarded within 24 hours of its receipt.
(5) Prior to making the first application in each calendar
year, the foundation or other entity shall request that the farm operator
notify it of any requests for prior notification already in effect
for property on which the foundation or other entity will be making
applications and of any future requests for prior notification on
that property.
(6) A request for prior notification under this subsection
shall be in effect through December 31 of the year that the request
is received. The foundation or other entity shall begin notifying
the requesting party of scheduled pesticide applications within 10
days of receipt of a request for notification.
(A) Notification shall be provided as follows:
(i) Notification may be given in writing, by raising
a flag/sign in the manner provided in subsection (g)(1)(A) of this
section, in person, by telephone in English or, when appropriate,
Spanish, or by other means mutually agreed upon by the requesting
party and the foundation or other entity. This agreement must be in
writing and a copy filed with the department. For purposes of providing
notice to medically affected persons or to licensed day care centers,
primary and secondary schools, hospitals, inpatient clinics and nursing
homes, "notification in writing" means other than by mail such as
by posting a written notice on the requester's front door or at the
requester's place of business.
(ii) If the foundation or other entity is unable to
reach a person entitled to notification under this section after making
reasonable efforts, it may immediately notify the department by telephone
of the following information:
(I) the name and telephone number(s) of the foundation
or other entity;
(II) the name and telephone number(s) of the requesting
party;
(III) the location of the field scheduled to be treated;
(IV) the intended date and approximate time of the
pesticide application; and
(V) the trade and common chemical name of the pesticide.
(iii) The department shall maintain a record of the
information provided by the foundation or other entity for the duration
of the notification request.
(iv) If the foundation or other entity telephones the
department between 8:00 a.m. and 5:00 p.m., Monday through Friday,
the department shall immediately attempt to telephone the requesting
party and give notification of the scheduled application. A record
showing the date and time of all such attempts shall be maintained
by the department for the duration of the notification request.
(v) In addition to the methods of notification provided
at this subparagraph, notification to farm labor camps may be provided
in writing by placing a written notice on an on-site bulletin board
or other central, on-site posting place which is readily accessible
to labor camp residents.
(B) The notice shall include:
(i) the location of the field on which the application
is to be made;
(ii) the intended date and approximate time of application;
(iii) the trade and common chemical name of the pesticide
to be applied; and
(iv) who to contact for additional information.
(7) Notice shall be given no later than 24 hours prior
to a scheduled pesticide application.
(8) Notice need not be given in accordance with paragraph
(7) of this subsection when an immediate application is required and
time does not reasonably allow the giving of such notice. In this
event, notice of an immediate emergency application shall be given:
(A) by the method selected in accordance with paragraph
(6)(A) of this subsection as soon as reasonably possible before the
application; or
(B) by telephone or in person to a medically-affected
person as soon as reasonably possible, but not less than one hour
before the application. However, an immediate emergency application
need not be postponed if, after reasonable efforts by the foundation
or other entity, actual notice cannot be given.
(9) A person who has requested notice of a pesticide
application under this section shall notify the foundation or other
entity promptly and in writing of any change of address or telephone
number.
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