N.J. Admin. Code § 7:30-7.4

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:30-7.4 - Financial responsibility

(a) Businesses required to become licensed pursuant to 7:30-7.1 shall submit proof of financial responsibility with the license application to the Department. The pesticide applicator business shall maintain financial responsibility at all times while such license is in effect.

(b) Proof of financial responsibility shall be provided by a certificate of insurance, or an alternative acceptable to the Department.

(c) The financial responsibility shall meet or exceed the standards set forth below:

1. For pesticide applicator businesses which do not engage in fumigation pest control:

i. Liability insurance coverage from an insurance company licensed to do business in the State of New Jersey with the equivalent of a $ 300,000 combined single limit of liability for bodily injury and property damage, which includes coverage for completed operations;

ii. As part of the coverage required in (c)1i above, coverage for chemical liability is required, for the types of pesticide application performed. This chemical liability coverage shall provide coverage equivalent to that provided by the Insurance Services Office (ISO) standard endorsement CG 22 64 (which provides chemical liability coverage for the ground application of pesticides by pesticide applicator businesses) or its equivalent.

(1) If chemical liability coverage is not available for the type of pesticide applications performed by the pesticide applicator business, the pesticide applicator business shall obtain written confirmation from its insurance provider and submit this information to the Department's Pesticide Control Program with the license application; and

iii. Each certificate shall certify that the coverage shall not be cancelled for any reason except after 30 days written notice to the Department.

2. For pesticide applicator businesses engaged, wholly or in part, in fumigation pest control:

i. Liability insurance coverage from an insurance company licensed to do business in the State of New Jersey with the equivalent of a $ 500,000 combined single limit of liability for bodily injury and property damage, which includes coverage for completed operations;

ii. As part of the coverage required in (c)2i above, coverage for chemical liability is required for the types of pesticide application performed. This chemical liability coverage shall provide coverage equivalent to that provided by the Insurance Services Office (ISO) standard endorsement CG 22 64 (which provides chemical liability coverage for the ground application of pesticides by pesticide applicator businesses) or its equivalent.

(1) If chemical liability coverage is not available for the type of pesticide applications performed by the pesticide applicator business, the pesticide applicator shall obtain written confirmation from their insurance provider and submit this information to the Department, Pesticide Control Program with the license application; and

iii. Each certificate shall certify that the coverage shall not be cancelled for any reason except after 30 days written notice to the Department.

3. As an alternative to insurance coverage, the pesticide applicator business shall deposit with the Department a surety bond in favor of any person who may suffer damage by reason of the operation of the pesticide applicator business. The surety bond for pesticide applicator businesses pursuant to (c)1 above shall be a minimum of $ 100,000 and for pesticide applicator business pursuant to (c)2 above shall be a minimum of $ 300,000, and shall be executed by a corporate surety company acceptable to the Department and authorized to do business in New Jersey. The Department shall examine and approve as to adequacy all such bonds before acceptance. When the registrant ceases operation, such bond shall be returned after a period of six months following date of notice of withdrawal, provided that withdrawal shall not release the surety from liability existing hereunder at the time of the effective date of the withdrawal.

N.J. Admin. Code § 7:30-7.4

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 New Jersey Register 242(b), 17 New Jersey Register 2609(b).
Old text deleted and new text substituted.
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 New Jersey Register 579(a), 20 New Jersey Register 2865(a).
Deleted (a)1i.-ii and (a)2i.-ii and inserted new.
Amended by R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
Rewrote the section.