Idaho Admin. Code r. 02.03.01.200

Current through August 31, 2023

Section 02.03.01.200 - RESPONSE TO A PESTICIDE DETECTION

This section describes the four (4) response levels for responding to pesticide detections in ground water. (3-31-22)

01.Level One Response. When a pesticide or its metabolite(s) is detected at or above the detection limit yet below twenty percent (20%) of the reference point; (3-31-22)

a. The Director shall: (3-31-22)

i. Notify well users or well owners of pesticide(s) detection; (3-31-22)

ii. Continue ground water monitoring; (3-31-22)

b. The Director may: (3-31-22)

i. Provide additional information to pesticide applicators within vulnerable areas; (3-31-22)

ii. Review use practices, soils, hydrogeology, and vulnerability within the area of pesticide detection(s); (3-31-22)

iii. Review state records for previous point source or potential violations in accordance with the Idaho Pesticide and Chemigation Law (Title 22, Chapter 34, Idaho Code); (3-31-22)

iv. Review existing monitoring data within area to check for previous detections; (3-31-22)

v. Conduct outreach in local area applicable to relevant data and information; and (3-31-22)

vi. Encourage voluntary BMPs consistent with the APAP. (3-31-22)

02.Level Two Response. When a pesticide or its metabolite(s) is detected at twenty percent (20%) to less than fifty percent (50%) of the reference point; (3-31-22)

a. The Director shall: (3-31-22)

i. Implement actions in Subsection 200.01 in the area of pesticide detection; (3-31-22)

ii. Establish area of pesticide concern, in accordance with Section 400, within area of pesticide detection; (3-31-22)

iii. Develop a monitoring plan and monitor to determine trends and fluctuations in pesticide concentrations; (3-31-22)

iv. Determine likely source(s) while notifying and working with the appropriate parties including but not limited to: pesticide registrant(s), dealer(s), applicator(s) and producer(s) to determine likely source(s); (3-31-22)

v. Determine if pesticide detection(s) is from point or nonpoint source; (3-31-22)

vi. Promote voluntary BMPs or other measures; evaluate BMP effectiveness, and change BMPs if needed; (3-31-22)

vii. Require the utilization of the Idaho NRCS Conservation Practice Standard, Pesticide Management Code 595. (3-31-22)

b. The Director may: (3-31-22)

i. Develop a chemical specific PMP per pesticide, unless already mandated through EPA Rule to do so; (3-31-22)

ii. Monitor additional domestic wells in the hydrogeological up gradient and down gradient area; and (3-31-22)

iii. Conduct site specific pesticide use inspections within the area of detection(s). (3-31-22)

03.Level Three Response. When a pesticide or its metabolite(s) is detected at fifty percent (50%) to less than one hundred percent (100%) of the reference point, the Director shall: (3-31-22)

a. Implement actions in Subsections 200.02.a. through 200.02.e., and 200.02.g. through 200.02.j. in the area of pesticide detection; (3-31-22)

b. Establish an area of pesticide restriction, in accordance with Section 400 and Section 22-3419, Idaho Code, when the Director determines ground water contamination resulted from the application of a pesticide in accordance with the label; (3-31-22)

c. Restrict the use of the pesticide according to Section 22-3418, Idaho Code; (3-31-22)

d. Install monitoring wells as soon as possible, if the Director determines installation to be necessary based on severity of risk, to evaluate ground water quality, flow direction, and the effectiveness of preventative measures; (3-31-22)

e. Assist well users or well owners within the area of pesticide restriction with health information and alternative water source information; and (3-31-22)

f. Inspect the pesticide applicator records within the restricted area. (3-31-22)

04.Level Four Response. When a pesticide or its metabolite(s) is detected at or above one hundred percent (100%) of the reference point, the Director shall: (3-31-22)

a. Implement actions in Subsection 200.03 in the area of pesticide detection; (3-31-22)

b. Establish an area of pesticide prohibition, in accordance with Section 400 of this rule and Section 22-3418, Idaho Code, when the Director has determined ground water contamination resulted from the application of a pesticide in accordance with the label; (3-31-22)

c. Implement use prohibition area(s); (3-31-22)

d. Assist persons within the use prohibition area with health and alternative water source information; (3-31-22)

e. Determine effectiveness of regulatory actions. (3-31-22)

05.Mixing and Loading Prohibited. No person shall mix or load the prohibited pesticide product in an identified pesticide prohibition area unless the mixing and loading is conducted over a spill containment surface which complies with the Idaho NRCS Conservation Practice Standard, Agrichemical Mixing Facility Code 702. (3-31-22)

06.Prohibition Areas. No person shall apply a prohibited pesticide within the corresponding pesticide area boundaries of the area of pesticide prohibition as identified in Section 400. (3-31-22)

Idaho Admin. Code r. 02.03.01.200