California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 5 - Use Requirements › Section 6487.4 - Runoff Groundwater Protection Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as provided in sections
						6487.1,
						6487.2, and
						6487.3, use of pesticides
						registered for agricultural, outdoor industrial, and outdoor institutional use
						containing chemicals listed in section
						6800(a) shall be
						prohibited in runoff groundwater protection areas unless one of the following
						management practices can be met and is designated by the commissioner on the
						permit. The management practice identified in (b), "Incorporation of the
						pesticide," does not apply to bentazon.
(a) Soil disturbance. Within seven days
					 before the pesticide is applied, the soil to be treated shall be disturbed by
					 using a disc, harrow, rotary tiller, or other mechanical method. This
					 subsection does not apply to bentazon, and does not apply to the area to be
					 treated that is immediately adjacent to the crop row and that does not exceed
					 33 percent of the distance between crop rows; or
(b) Incorporation of the pesticide. Within 48
					 hours after the day the pesticide is applied, the pesticide shall be
					 incorporated on at least 90 percent of the area treated; using a disc, harrow,
					 rotary tiller, or other mechanical method, or by sprinkler or low flow
					 irrigation, including chemigation if allowed by the label, using a minimum of
					 1/4 inch of irrigation water and a maximum of either one inch or the maximum
					 amount of irrigation water specified on the label, at application rates that do
					 not cause surface water runoff from the treated property or to wells on the
					 treated property. This subsection does not apply to bentazon, and does not
					 apply to the area treated with other pesticides listed in section
					 6800(a) that is
					 immediately adjacent to the crop row and that does not exceed 33 percent of the
					 distance between crop rows; or
(c)
					 Band treatment. The pesticide shall be applied as a band treatment immediately
					 adjacent to the crop row so that not more than 33 percent of the distance
					 between rows is treated; or
(d)
					 Timing of application. The pesticide shall be applied between April 1 and July
					 31; or
(e) Retention of runoff on
					 field. For six months following the application, the field shall be designed,
					 by berms, levees, or nondraining circulation systems, to retain all irrigation
					 runoff and all precipitation on, and drainage through, the field. The retention
					 area on the field shall not have a percolation rate of more than 0.2 inches per
					 hour (5 inches per 24 hours); or
(f) Retention of runoff in a holding area off
					 the field. For six months following the application, all runoff shall be
					 channeled to a holding area off the application site, under the control of the
					 property operator, that is designed to retain all irrigation runoff and all
					 precipitation on, and drainage through, the treated field and all other areas
					 draining into that holding area. The holding area shall not have a percolation
					 rate of more than 0.2 inches per hour (5 inches per 24 hours); or
(g) Runoff onto a fallow field. For six
					 months following application, runoff shall be managed so that it runs off onto
					 an adjacent unenclosed fallow field at least 300 feet long that is not
					 irrigated for six months after application, with full consideration of any
					 plant back restrictions; or
(h) An
					 alternative management practice or pesticide approved by the Director as
					 follows:
(1) Upon written request, the
					 Director may evaluate and approve use of alternative management practices that
					 are based on scientific data demonstrating their effectiveness in reducing
					 movement of pesticides to groundwater; or
(2) Upon written request, the Director may
					 make a determination to allow the interim use of a pesticide containing a
					 chemical listed in section
					 6800(a) within a
					 runoff groundwater protection area, for a period not to exceed three years. The
					 Director's determination shall be based on evidence that the available
					 management practices are not feasible for a specific crop or site, and that
					 there are no feasible alternatives for the specific crop or site. The formal
					 request shall include a study protocol(s) that is acceptable to the Director to
					 develop feasible alternatives or alternate mitigation measures. The study
					 protocol shall include a description of the objective, personnel, study plan,
					 sampling methods including number of samples to be analyzed, data analysis,
					 chemical analytical methods including appropriate quality control, timetable,
					 and references, if any. The requester shall submit a written progress report
					 every six months. If the progress report does not support the submitted study
					 protocol(s), or if a report is not submitted, the Director may rescind the
					 determination to allow the use of the pesticide within a groundwater protection
					 area.
(3) The Director will issue a
					 public notice stating the reasons interim use has been approved under (1) or
					 (2). The notice will be posted on the Department's Web
					 site.