Cal. Code Regs. tit. 3 § 6970

Current through Register 2024 Notice Reg. No. 26, June 28, 2024
Section 6970 - Surface Water Protection in Outdoor Nonagricultural Settings

The provisions of this section apply to any person performing pest control for hire, including landscape maintenance gardeners, when any of the following pesticides is applied outdoors to structural, residential, industrial, and institutional sites:

bifenthrin

bioallethrin

S-bioallethrin

cyfluthrin

beta-cyfluthrin

gamma-cyhalothrin

lambda-cyhalothrin

cypermethrin

deltamethrin

esfenvalerate

fenpropathrin

tau-fluvalinate

permethrin

phenothrin

prallethrin

resmethrin

tetramethrin

(a) Except when prohibited in (e), applications to the soil surface, mulch, gravel, lawn, turf, or groundcover must be made using only the methods described below:
(1) Spot treatment
(2) Pin stream treatment of one-inch wide or less
(3) Perimeter band treatment of three feet wide or less from the base of a building outward
(4) Broadcast treatment but not within two feet from any horizontal impervious surface. Pin stream treatment of one-inch wide or less may be made within the two-foot area.
(5) For broadcast treatment of termiticides to preconstruction sites, prior to precipitation, the treatment site must be covered with a waterproof covering, such as a polyethylene sheet, or a concrete slab must be poured over the treated soil.
(b) Except when prohibited in (e), applications to windows and doors, and horizontal impervious surfaces must be made using only the methods described below:
(1) Spot treatment
(2) Crack and crevice treatment
(3) Pin stream treatment of one-inch wide or less
(c) Except when prohibited in (e), applications to vertical structural surfaces, such as walls, foundations, and fencing, must be made using only the methods described below:
(1) Spot treatment
(2) Crack and crevice treatment
(3) Pin stream treatment of one-inch wide or less
(4) Perimeter band treatment up to a maximum height of two feet above the grade level.
(d) Except when prohibited in (e), for applications using granules to the soil surface, mulch, gravel, lawn, turf, or groundcover, the applicator shall sweep any granules that land on horizontal impervious surfaces onto the treatment site.
(e) The following applications are prohibited:
(1) To any site during precipitation, except for applications made to the underside of eaves;
(2) To the soil surface, mulch, gravel, lawn, turf, groundcover, or horizontal impervious surfaces with standing water, including puddles;
(3) To a sewer or storm drain, or curbside gutter;
(4) To the following components of a constructed drainage system that drains to a sewer or storm drain, curbside gutter, or aquatic habitat:
(A) Visible drainage grate connected to a drain pipe; or
(B) Visible french drain, or a landscaped dry river bed, swale or trench filled with gravel or rock;
(5) To the soil surface, including preconstruction termiticide sites, mulch, gravel, lawn, turf, groundcover, or horizontal impervious surfaces within 25 feet of aquatic habitat located downgradient from the application. The applicator shall measure the distance from the high water mark or intermittent streams that are dry from the top of the near bank; or
(6) To the preconstruction termiticide site within 10 feet of a storm drain located downgradient from the application.
(f) Application to plants, shrubs, or trees where there is standing water in the dripline or perimeter of the plants, shrubs, or trees is prohibited.

Cal. Code Regs. Tit. 3, § 6970

1. New section filed 6-19-2012; operative 7-19-2012 (Register 2012, No. 25).

Note: Authority cited: Section 11456, Food and Agricultural Code. Reference: Sections 11456 and 11501, Food and Agricultural Code.

1. New section filed 6-19-2012; operative 7-19-2012 (Register 2012, No. 25).