Section 6443 - Permits for Use of Phenoxy Herbicides on Timberland(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.(l) Where the director's decision denies an appeal or refuses a stay, the appellate shall be advised of the right to seek judicial review of the decision.(m) A copy of the director's decision shall be mailed to the appellant, the commissioner, and the permittee.(n) If no appeal is received by the director with 30 days of the commissioner's review decision, the aerial application may commence without further delay. If the director's decision upholds the permit issuance and the permit cannot be exercised because of the delay involved in the stay and/or review, the permit shall be extended by order of the director for a sufficient length of time to allow for spraying at the earliest possible date, but in no case longer than 12 months.
Cal. Code Regs. Tit. 3, § 6443
1. Renumbering and amendment of Section 2458.11 to Section 6443 filed 9-14-87; operative 10-14-87 (Register 87, No. 38).
2. Change without regulatory effect amending NOTE filed 6-20-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 25). Note: Authority cited: Sections 11456, 14001, 14005 and 14006, Food and Agricultural Code. Reference: Sections 14004, 14006.5 and 14009, Food and Agricultural Code.
1. Renumbering and amendment of Section 2458.11 to Section 6443 filed 9-14-87; operative 10-14-87 (Register 87, No. 38).
2. Change without regulatory effect amending Note filed 6-20-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 25).