Cal. Code Regs. tit. 3 § 6487.3

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 6487.3 - Engineered Rights-of-Way Within Groundwater Protection Areas

Use of pesticides registered for agricultural, outdoor industrial, and outdoor institutional use containing chemicals listed in section 6800(a) shall be prohibited on engineered rights-of-way in leaching or runoff groundwater protection areas unless one of the following management options can be met and is designated by the commissioner on the permit:

(a) The property operator complies with section 6487.4; or

(b) Any runoff from the treated right-of-way shall pass through a noncrop fully vegetated area adjacent, and equal in area, to the treated area, or spread out onto an adjacent unenclosed fallow field that is at least 300 feet long and that will not be irrigated for six months following application, with full consideration of any plantback restrictions; or

(c) The property operator complies with any permit issued pursuant to the storm water provisions of the federal Clean Water Act pertaining to the treated area; or

(d) An alternative management practice or pesticide approved by the Director as follows:

(1) Upon written request, the Director may evaluate and approve use of 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) on an engineered right-of-way within a 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 management practices. 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, time-table, and references, if any. The requestor 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.

Cal. Code Regs. Tit. 3, § 6487.3

1. New section filed 4-27-2004; operative 5-27-2004 (Register 2004, No. 18).
2. Change without regulatory effect amending section heading, first paragraph and subsections (d)(1)-(2) filed 5-15-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 20).

Note: Authority cited: Sections 11456, 12976, 13145 and 14102, Food and Agricultural Code. Reference: Sections 13145, 13150 and 14102, Food and Agricultural Code.