California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6443 - Permits for Use of Phenoxy Herbicides on Timberland

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Permits issued by county agricultural commissioners for aerial application of
					 phenoxy herbicides for conifer release or for site preparation for commercial
					 timber production shall be subject to the requirements of this
					 section.
(b) Each permit issued for
					 such use shall be posted immediately, or as soon as practicable, by the
					 commissioner in all offices of the commissioner and by the permittee at a post
					 office or similar public place reasonably located so as to be seen by persons
					 living within one mile of the proposed spraying area and shall remain posted
					 until the expiration of such permit.
(c) Within five days after issuance of the
					 permit, the permittee shall mail a copy of the permit to all owners of record
					 of property within 300 feet of the area to be treated. The permittee shall also
					 mail a copy to all persons residing within 300 feet of the spray site described
					 in the permit area who have filed a request for written notification with the
					 commissioner.
(d) Each posted and
					 mailed copy of the permit shall include notice of the provisions of this
					 section, Section
					 6442, Food and Agricultural Code
					 Section 14009, and the names and addresses
					 of the county agricultural commissioner and the permittee.
(e) If a request for review is mailed to the
					 commissioner within 20 days of the issuance of the permit, no herbicide
					 application pursuant to the permit shall be made until 30 days after such
					 review is completed; however, a further stay may be granted by the director
					 pursuant to an appeal by a person directly affected by the commissioner's
					 action. A copy of the commissioner's decision shall be mailed to the person who
					 requested the review and the permittee.
(f) The commissioner shall grant a review,
					 pursuant to Food and Agricultural Code, Section
					 14009, to any interested
					 person.
(g) If no request for
					 review is received by the commissioner within 30 days of the permit issuance,
					 the application may commence without further delay.
(h) If a request by a person directly
					 affected by the commissioner's action, for a stay and appeal of the
					 commissioner's review action is mailed to the director within 20 days of the
					 date of the commissioner's review decision, no herbicide application pursuant
					 to the permit shall be made until 15 days after the request is acted upon by
					 the director. The applicant shall mail a copy of the appeal to the commissioner
					 and to the permittee at the same time that the appeal is mailed to the
					 director. The appeal must contain the following statement above the signature
					 of the appellant: "I hereby certify that I have mailed copies of this appeal to
					 the county agricultural commissioner and to the permittee." The appeal shall
					 also contain a copy of the commissioner's review decision.
(i) The director shall grant a stay of the
					 permit and an appeal pursuant to Food and Agricultural Code Section
					 14009 to all appellants who are
					 directly affected by the permit action.
For the purpose of this section, an appellant shall be
						considered to be directly affected by the permit action where the appellant
						establishes that his or her residence, crops, property, or water supply point
						source lies within one-half mile of the spray site described in the permit. A
						movable camp site, trailer, home, or other portable property temporarily
						located in proximity to a spray site shall not qualify as a residence or
						located concern. The director may find that an appellant located more than
						one-half mile from the spray site is directly affected.
(j) The director may rely on the
					 commissioner's determination of the appellant's location, if such a
					 determination way included in the commissioner's decision. The appellant may
					 contest this determination in the appeael.
(k) The director may deny an appeal and
					 refuse a stay request in the following cases:
(1) Where an appeal is filed not by an
					 appellant directly affected by the permit for the protection of the appellant's
					 personal interest but, rather, by another on the appellant's behalf,
					 or,
(2) Where an appeal fails to
					 allege a specific abuse of discretion on the part of the commissioner in the
					 issuance of the permit but, rather, asserts only an objection to phenoxy
					 herbicide spraying, in general, or
(3) Where an appeal fails to identify the
					 specific location of appellant's source of concern, such as appellant's
					 residence, cropland, water supply, or other fixed geographical reference so as
					 to allow an assessment of the hazards associated with the
					 permit.