Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.028 - Restrictions on Use and Sale of Aldicarb; Permit Requirements and Procedures; Department Approval; Records; Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) Use and Sale Restrictions. The use of
				aldicarb in accordance with label directions is authorized statewide, with the
				following restrictions:
(a) Aldicarb shall be
				applied only during the time period for which written or electronic
				authorization has been issued by the department by means of an aldicarb
				permit.
(b) Aldicarb shall be
				applied only at sites for which written or electronic authorization has been
				issued by the department by means of an aldicarb permit.
(c) Experimental use must be authorized by
				the United States Environmental Protection Agency or the department.
(d) Aldicarb shall not be applied within 300
				feet of any well in this state, with the exception of wells that meet the
				provisions of paragraph (1)(f).
(e)
				Aldicarb shall not be used in Florida citrus on any soil series identified by
				the USDA Natural Resources Conservation Service as highly permeable
				well-drained soil within 1, 000 feet of any well, with the exception of wells
				that meet the provisions of paragraph (1)(f) or (1)(g). Soil series which have
				been identified by the USDA Natural Resources Conservation Service as highly
				permeable well-drained soil include but are not limited to the following:
Adamsville
Archbold
Astatula
Candler
Cassia
Lake
Neilhurst
Orsino
Palm Beach
Paola
Satellite
St. Lucie
Tavares
(f) Any well that meets the following
				provisions is exempt from the 300-foot and 1, 000-foot setback requirements
				specified in paragraphs (1)(d) and (1)(e):
1.
				The well is not used for human consumption;
2. The well has been posted with a
				conspicuous warning notice stating "not for human consumption"; and
3. If the well is situated on property under
				different ownership from the property where the aldicarb application is to be
				made, a signed statement has been obtained from the well owner authorizing the
				posting of the warning notice specified in subparagraph
				(1)(f)2.
(g) The 1,
				000-foot setback requirement in paragraph (1)(e) shall not apply to wells for
				which the permit applicant has furnished the department well construction
				documentation confirming that the well is continuously cased to a depth of at
				least 100 feet below ground surface or at least to a minimum depth of 30 feet
				below the top of the shallowest water-producing zone recognized at the time of
				well construction. Well construction documentation shall consist of either a
				copy of the well completion report issued by the appropriate water management
				district or a statement certified as to accuracy by a Florida-licensed well
				contractor. Effective July 1, 2007, the well completion report or statement
				certified by a Florida-licensed well contractor must contain the following
				information: well location; casing depth; static water level at time of well
				completion if not continuously cased to a depth of 100 feet or greater; and
				name of water management district or Florida-licensed well contractor that
				issued the document. Well location must be identified by county, range,
				township, and section; and, effective July 1, 2007, Global Positioning System
				(GPS) latitude and longitude coordinates in decimal degrees. Latitude and
				longitude coordinates must be accurate to a minimum of five places after the
				decimal and must be in the format of this example: Latitude: 28.45874;
				Longitude: -82.08945.
(h) Warning
				notices specified in subparagraph (1)(f)2. shall remain in place subsequent to
				the aldicarb application until sampling and analysis of the well water
				performed or approved by the department indicate an aldicarb residue level in
				compliance with the standards established by the Florida Department of
				Environmental Protection in Chapter 62-550, F.A.C.
(i) Citrus grove use is limited to one
				application per tree per use season. For purposes of this rule, the citrus use
				season is defined as the period November 15 - April 30. Application shall not
				exceed the rate of 5 pounds active ingredient or 33 pounds of 15G formulation
				per acre.
(j) Any drinking water
				well found to contain aldicarb residues in excess of the standards established
				by the Florida Department of Environmental Protection in Chapter 62-550,
				F.A.C., shall have further use of the chemical within 1, 000 feet of the well
				suspended immediately. The suspension shall remain in effect until the well has
				undergone remedial treatment in a manner acceptable to the department or until
				subsequent sampling and analyses of the well water performed or approved by the
				department indicate residue levels in compliance with standards established by
				the Florida Department of Environmental Protection.
(k) Sales documents from any person selling
				or distributing aldicarb in Florida shall state: "For use only as authorized by
				Rule 5E-2.028,
				F.A.C."