regulatory update and common violations san mateo county department of agriculture february 2013
TRANSCRIPT
Regulatory Update and Common Violations
San Mateo County
Department of Agriculture
February 2013
Pesticide Labels Labels Change
Additional PPE may be added New buffer zones are starting to show up
on labels. Drift Minimization. Use restrictions may change.
When a new shipment comes in pull the label off the container and look for changes.
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Aluminum Phosphide Label Changes
New Label with significant new restrictionsUse no longer allowed around residential
areas, nursing homes, schools (except athletic fields, where use may continue), day care facilities, and hospitals
100 foot buffer from a building that is or may be occupied by people or domestic animals.
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Aluminum Phosphide continued For use only on agricultural areas, orchards,
non-crop areas (such as pasture and rangeland), golf courses, athletic fields, airports, cemeteries, rights-of-way, earthen dams, parks and recreational areas and other non-residential institutional or industrial sites.
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Aluminum Phosphide continued
Athletic fields or parks must post a sign at entrances to the treated site containing the signal word DANGER /PELIGRO skull and crossbones, the words: DO NOT ENTER/NO ENTRE, FIELD NOT FOR USE, the name and EPA registration number of the fumigant, and a 24-hour emergency response number. Placards may be removed 2 days after the final treatment
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Aluminum Phosphide continued
Production Agriculture and Other areas posted with signal word DANGER/PELIGRO skull and crossbones, the name and EPA registration number of the fumigant, and a 24-hour emergency response number for 2 days.
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Pesticide Use Monitoring
Inspection: What to expect during an inspection
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1) Is the Pest Control Business Licensed?
2) Is the Business registered with the County?
3)Registered Label must be at the use site On the container or in label binder. Partial Label not acceptable
4) Has a NOI been submitted for any California Restricted Materials. Minimum 24 Hours in advance of application
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5) Is there a Certified Applicator supervising applications of Restricted Materials?This applies to both CA restricted and
Federally restricted pesticides.Can be via phone/radio if there are at least
two non-cert applicators on site.
6) Does the application comply with permit conditions?
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7),8) Labeling.Always read and follow the label.PPE, Site specifics (crack and crevice only),
rate, etc...Labels regularly change so always check
whenever a new shipment of product comes in.
9) PPE Regulations.Must always were at the minimum eye
protection and chemical resistant glove.
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10)Respiratory Protection. If required by label or employer every employee must
have a medical evaluation and fit test prior to wearing respirator.
Fit test must be performed annually. Exemption: Filtering face piece (dust mask) worn
voluntarily by employee.
11) Coverall worn for “Warning/Danger” Pesticides
12)Handler Training All employees must be trained on each pesticide
before use All Card holders are considered trained
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13) Emergency Medical Posting Name, address and phone number for nearest
medical facility must be posted in truck or in prominent place at the work site.
14)Employee working alone “Danger” products Production agriculture only Must maintain contact via radio, telephone or in
person every 2 hours during the day and 1 hour at night.
Vertebrate baits and solid fumigants (Aluminum Phosphide) are exempt
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15) Decontamination Facility Water, soap, single use towels, and extra
coveralls. For Production Agriculture needed for handling any
pesticide. At Mixing/Loading site and ¼ mileof any handler
For non-production ag only needed when using Danger or Warning Pesticides within 100 feet of mixing/loading site.
16) Eyewash Immediately available Only applies to production agriculture use. Handler must have 1 pint of water on their person or
on vehicle
17) Field Postings Production Ag only
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18) Safe Equipment Inspect each day prior to use to ensure equipment is
operating properly.
19) Closed System Production Ag Only Closed system needed when employees Mix or Load
a “Danger” product. Exempt if using less than 1 gallon from a container
that is less than 1 gallon.
20)Protection of Persons/Animals/Property Do not Drift onto Non-Target areas. Be aware of
environmental condition prior to treating
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21) Equipment Registered Equipment list provided when the company registers
with the county
22) Equipment Identified All pest control businesses must identify each vehicle
with markings readable at a distance of 25 feet. The identification must include either: (1) the business’ name; or (2) the pest control business license number and a statement such as “Licensed Pest Control Operator”, “Fumigation Division”
or similar wording
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23) Backflow Prevention- Airgap Keep an air gap between the water source and the
equipment where pesticides are being mixed. Do not stick the hose down into the container (back pack sprayer, B&G or truck rig etc..).
24)Containers Secured and Attended Locked away or in the line of sight of the applicator
25)Containers Labeled/ Closures All containers holding pesticides, except service
containers, must carry the manufacturers label. All containers need to be securely closed.
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26)Service Container Labeling Backpack sprayers, B&G, truck mounted rigs any
container other than the original manufacturer’s container used to store or transport a pesticide.
Service Containers,… shall be labeled with:
(a) The name and address of the person or firm responsible for the container;
(b) The identity of the economic poison in the container; and
(c) The word “Danger”, “Warning”, or “Caution”, in accordance with the label on the original container
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27) Proper Containers In no case shall a pesticide be placed or kept in any
container of a type commonly used for food, drink or household products.
28)Proper Pesticide Transport Cannot be in the same compartment with persons or
food. Pesticides containers must be secured in a way to
prevent spillage
29)Containers Rinsed Triple Rinse
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30) Accurate Measurement Use devices that are calibrated to the smallest unit in
which the pesticide is being weighed or measured.
31)Ground Water Protection Use of pesticides containing chemicals listed in
section 6800(a) shall be prohibited below the high water line inside artificial recharge basins, unless the pesticide is applied six months or more before the basin is used to recharge ground water.
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32) Wellhead Protection (a)the following activities shall be prohibited within 100 feet of a
well (including domestic, municipal, agricultural, dry or drainage, monitoring, or abandoned wells):
(1) mixing, loading, and storage of pesticides. (2) rinsing of spray equipment or pesticide containers. (3) maintenance of spray equipment that could result in spillage of
pesticide residues on the soil. (4) application of preemergent herbicides.
(b) Wells shall not be subject to the requirements in (a) if they are:
(1) sited so that runoff water from irrigation or rainfall does not move from the perimeter of the wellhead toward the wellhead and contact or collect around any part of the wellhead including the concrete pad or foundation; or
(2) protected by a berm constructed of any material sufficient to prevents movement of surface runoff water from the perimeter of the wellhead to the wellhead.
(c) Application of preemergent herbicides shall be prohibited between the berm and the wellhead
References
All of these can be found on DPR’s Website.Inspection Procedures Manual
http://www.cdpr.ca.gov/docs/enforce/compend/vol_4/inspect_procedures.htm
California Code of Regulations (CCR) http://www.cdpr.ca.gov/docs/legbills/calcode/chapter_.htm
Food and Agricultural Code (FAC) http://www.leginfo.ca.gov/cgi-bin/calawquery?
codesection=fac&codebody=&hits=20
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CalAgPermits and
On-Line Pesticide Use Reporting
San Mateo County Department of Agriculture/Weights and Measures
www.CalAgPermits.org• Internet based program
– Used by all California County Agriculture Departments
– San Mateo County went live with software in September 2011
• Permit Issuance– Maps connected to sites, Utilizes new GIS features
• Pesticide Use Reporting• Public Interface
– For Online Pesticide Use Reporting
Users of CalAgPermits
• Any company that must report their pesticide use under CCR 6626 & 6627– Growers (production agriculture)
– Municipalities, Golf Courses, & Cemeteries (non-production agriculture)
– Agricultural Pest Control Companies
– Maintenance Gardeners
– Structural Pest Control Companies
Advantages to On-Line Pesticide Use Reporting
• You control when and how you submit your data. – Everyday, every month, certain times, certain days, etc.
(Monthly Pesticide Use Reports will still have to be submitted on-line by the 10th of the following month.)
• Data is checked at time of submittal– Not at the time we enter it– No time lag between submittal and questions from our office– We catch (and can sometimes fix) errors earlier
• Data entry is only done once
Requesting a Username &Temporary Password
• The CalAgPermits request form can be filled out and faxed or emailed to our office– www.smcgov.org\agwm Pesticide Related
Links>Requesting a Username for CalAgPermits
– Email Address: [email protected]
– Fax number: (650)367-0130
Steps to Log on
• Go to www.calagpermits.org• Type in your username and temporary
password.– Usernames and Passwords are case-sensitive
• Change your temporary password.• Set-up your security questions.
– Allows you to reset your password without calling our office.
CalAgPermits Public User Home Page
Which Form do I use?• Ag. PCBs and Cities, Golf
Courses & Cemeteries – Use the Non-Structural
MSPUR or MSPUR-Other Non-Ag, Non-Prod Ag Monthly Report
• Structural PCBs– Use the Structural
Monthly report or MSPUR – Structural Applications Monthly Report
• SCPB stamp field
Data Entry Screen
Submission Status
•View status on individual report view or from the PUR/NOI list
•Check Status Abbreviations Legend– INC-report is incomplete and missing a key field. After correcting
field, the “Submit” button has to be clicked for report to go to the County.
– ERR-records need to be corrected before they can be submitted.– DFT-Report has not been successfully submitted to our
Department
Finding your records using the PUR/NOI list
Printing and Saving Reports
Contact Information• If you have any question please contact your District
Biologist.
• Koren Widdel-
– 650-363-4700
• Leonard Kuwahara
– 650-726-2514
• Jeremy Eide
– 650-363-4700
DPR DPR Surface Water Protection Surface Water Protection RegulationsRegulations
3 CCR sections 6970 and 6972 3 CCR sections 6970 and 6972 (and new definitions added to 3 CCR §6000)(and new definitions added to 3 CCR §6000)
Effective July 19, 2012Effective July 19, 2012
The Big Picture GoalThe Big Picture Goal
•Reduce surface water contamination from Reduce surface water contamination from pyrethroid insecticides. pyrethroid insecticides.
•Pesticide runoff to surface water is a Pesticide runoff to surface water is a significant source of aquatic toxicity.significant source of aquatic toxicity.
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Applications AffectedApplications Affected
Only pesticide applications that meet Only pesticide applications that meet all of the following criteriaall of the following criteria::• outdoor applicationsoutdoor applications• to non-agricultural sites (including to non-agricultural sites (including
structural, residential, industrial, and structural, residential, industrial, and institutional)institutional)
• of any of the 17 specified pyrethroidsof any of the 17 specified pyrethroids• by persons performing pest control for by persons performing pest control for
hire (pest control businesses, including hire (pest control businesses, including landscape maintenance gardeners)landscape maintenance gardeners)
383 CCR §6970
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Applications Applications NOTNOT Affected Affected(not “for hire”)(not “for hire”)
Pesticide applicationsPesticide applications
• by agency and school employeesby agency and school employees
• by business and institutional by business and institutional employeesemployees
• by homeowners and residentsby homeowners and residents
Pesticide Uses Pesticide Uses NOTNOT Affected Affected
• Production agricultural sitesProduction agricultural sites
• Non-production agricultural sites:Non-production agricultural sites:
• Parks, city owned treesParks, city owned trees
• CemeteriesCemeteries
• Golf coursesGolf courses
• Rights of Way Rights of Way
17 Regulated Pesticides 17 Regulated Pesticides (continued on next slide)(continued on next slide)
Active Ingredient Product ExampleBifenthrin Talstar
Cyfluthrin Tempo 20 WP
Beta-cyfluthrin Tempo SC, Cyguard
Gamma-cyhalothrin Standguard
Lambda-cyhalothrin Demand, Cyonara
Cypermethrin Demon Max
Deltamethrin Enforcer, Deltagard
Esfenvalerate Ortho Bug B Gon
Fenpropathrin Tame
Tau-fluvalinate Mavrik
Permethrin Dragnet, Raid
3 CCR §6970
17 Regulated Pesticides (cont.)17 Regulated Pesticides (cont.)
Active Ingredient Product Example
Bioallethrin Ace Wasp/Horney Killer
S-bioallethrin Zep Ant & Roach Spray
Phenothrin Wasp & Hornet Killer
Prallethrin Flying Insect Spray
Resmethrin Black Flag Fogging Insecticide
Tetramethrin Ortho Hornet/Wasp Killer 4
3 CCR §6970
3 CCR §6000 Definitions3 CCR §6000 Definitions(see text of regulation for complete definition)(see text of regulation for complete definition)
Aquatic habitatAquatic habitat: :
bodies of water, such as lakes, reservoirs, rivers, perennial and bodies of water, such as lakes, reservoirs, rivers, perennial and intermittent streams, wetlands, or ponds, sloughs, and estuariesintermittent streams, wetlands, or ponds, sloughs, and estuaries
Crack and Crevice TreatmentCrack and Crevice Treatment::
application of small amounts of insecticide directly into cracks and application of small amounts of insecticide directly into cracks and crevices in which insects hide or through which they may enter crevices in which insects hide or through which they may enter the buildingthe building
[AND][AND]
only minimal amounts of pesticide should remain on the surface.only minimal amounts of pesticide should remain on the surface.
433 CCR §6000
3 CCR §6000 Definitions 3 CCR §6000 Definitions (cont.)(cont.)(see text of regulation for complete definition)(see text of regulation for complete definition)
Impervious SurfacesImpervious Surfaces: :
hard surfaces, such as concrete or asphalt streets, hard surfaces, such as concrete or asphalt streets, sidewalks, and drivewayssidewalks, and driveways
PrecipitationPrecipitation: :
the condensation of atmospheric water vapor that falls the condensation of atmospheric water vapor that falls under gravity. Precipitation does not include mist or fog.under gravity. Precipitation does not include mist or fog.
Spot Treatment: Spot Treatment:
application to limited areas ≤ 2 sq. ft. on which pests are application to limited areas ≤ 2 sq. ft. on which pests are likely to occur or have been located during the process of likely to occur or have been located during the process of monitoring or inspection. monitoring or inspection.
443 CCR §6000
Surface Water ProtectionSurface Water Protection
I.I. Applications to soft surfacesApplications to soft surfaces
II.II. Applications to hard horizontal Applications to hard horizontal surfaces, or doors and windowssurfaces, or doors and windows
III.III. Applications to vertical surfaces other Applications to vertical surfaces other than doors and windowsthan doors and windows
IV.IV. Prohibited applicationsProhibited applications
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I. Applications to soft surfaces I. Applications to soft surfaces (soil, mulch, gravel, lawn, groundcover)(soil, mulch, gravel, lawn, groundcover)
Limited to four optionsLimited to four options::
(1) (1) Spot Spot treatments; ortreatments; or
(2) (2) Pin stream Pin stream treatments of 1” wide or treatments of 1” wide or less; orless; or
(3) (3) Perimeter band Perimeter band treatmentstreatments << 3 feet 3 feet outwardoutward from the base of a buildingfrom the base of a building**; or; or
463 CCR §6970 (a) (1-3)
* DPR reg more restrictive than U.S. EPA label (no label restriction)
I. I. Applications to soft surfaces Applications to soft surfaces (soil surface, mulch, gravel, lawn, turf, (soil surface, mulch, gravel, lawn, turf, groundcover) cont.groundcover) cont.
(4) (4) BroadcastBroadcast treatmentstreatments, , but but notnot within within 2 feet of horizontal impervious 2 feet of horizontal impervious surfacessurfaces Pin stream Pin stream treatments of treatments of <<1” can be 1” can be made within the 2-foot made within the 2-foot no-broadcast-no-broadcast-treatmenttreatment zone zone
3 CCR §6970 (a) (4)
I. I. Applications to soft surfacesApplications to soft surfaces (soil surface, mulch, gravel, lawn, turf,(soil surface, mulch, gravel, lawn, turf, groundcover) cont. groundcover) cont.
• BroadcastBroadcast preconstructionpreconstruction termiticide termiticide treatments done prior to precipitation…treatments done prior to precipitation…
Site must be covered w/waterproof covering Site must be covered w/waterproof covering OROR concrete slab must be poured over treated concrete slab must be poured over treated soil. soil. [and see slide # 27][and see slide # 27]
483 CCR §6970 (a) (5)
I. I. Applications to soft surfaces Applications to soft surfaces (soil surface, mulch, gravel, lawn, turf, (soil surface, mulch, gravel, lawn, turf, groundcover) cont.groundcover) cont.
• Regardless of the application method, if you Regardless of the application method, if you apply a granular pesticide, any granules must apply a granular pesticide, any granules must be swept that land on horizontal impervious be swept that land on horizontal impervious surfaces back onto treatment site surfaces back onto treatment site
493 CCR §6970 (d)
II. Applications to horizontal II. Applications to horizontal impervious surfaces, or to doors impervious surfaces, or to doors and, windowsand, windows
Limited toLimited to: :
(1)(1) Spot Spot treatmenttreatment
(2)(2) Crack and creviceCrack and crevice
(3)(3) Pin stream Pin stream of 1 inch or lessof 1 inch or less
503 CCR §6970 (b) (1-3)
III. Applications to vertical surfaces III. Applications to vertical surfaces other than doors, or windowsother than doors, or windows
Limited toLimited to::
(1) (1) Spot Spot treatmentstreatments(2) (2) Crack and creviceCrack and crevice(3) (3) Pin stream Pin stream of 1 inch or lessof 1 inch or less(4) (4) Perimeter band Perimeter band treatment up to a treatment up to a max. of max. of 2 feet above grade level2 feet above grade level**
513 CCR §6970 (c) (1-4)
* DPR reg more restrictive than U.S. EPA label (3 feet above grade level)
IV. Prohibited Applications IV. Prohibited Applications
• No applications No applications duringduring rainfall rainfall
(except those to the underside of eaves)(except those to the underside of eaves)
523 CCR §6970 (e) (1)
IV. Prohibited Applications IV. Prohibited Applications (cont.) (cont.)
• No applications to any horizontal No applications to any horizontal surface (including the soil surface, surface (including the soil surface, mulch, gravel, lawn, turf, groundcover, mulch, gravel, lawn, turf, groundcover, or horizontal impervious surfaces) or horizontal impervious surfaces) with with standing water, including puddlesstanding water, including puddles
3 CCR §6970 (e) (2) 53
IV. Prohibited Applications IV. Prohibited Applications (cont.) (cont.)
No applications to sewer or storm drains or No applications to sewer or storm drains or curbside gutterscurbside gutters
543 CCR §6970 (e) (3)
IV. Prohibited Applications IV. Prohibited Applications (cont.)(cont.)
• No applications to No applications to constructed drainage constructed drainage systems systems that drain to a sewer/storm that drain to a sewer/storm drain, curbside gutter, or drain, curbside gutter, or aquatic habitat aquatic habitat
3 CCR §6970 (e) (4) 55
IV. Prohibited Applications IV. Prohibited Applications (cont.)(cont.)
Constructed Drainage SystemsConstructed Drainage Systems
Visible drainage grate connected to drain pipeVisible drainage grate connected to drain pipe
3 CCR §6970 (e) (4) (A) 56
IV. Prohibited Applications IV. Prohibited Applications (cont.)(cont.)
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Visible french drain, landscaped dry river bed, Visible french drain, landscaped dry river bed, swale or trench filled with gravel or rockswale or trench filled with gravel or rock
Constructed Drainage Systems Constructed Drainage Systems
3 CCR §6970 (e) (4) (B)
IV. Prohibited Applications IV. Prohibited Applications (cont.)(cont.)
No applications to No applications to anyany horizontal surface horizontal surface (soil, turf, etc., (soil, turf, etc., oror impervious impervious oror preconstruction) preconstruction) within 25 feetwithin 25 feet of aquatic of aquatic habitat habitat located located downgradientdowngradient from the from the application siteapplication site
583 CCR §6970 (e) (5)
IV. Prohibited Applications IV. Prohibited Applications (cont.)(cont.)
No applications to a No applications to a preconstructionpreconstruction termiticide site termiticide site within 10 feet of a storm within 10 feet of a storm draindrain located located downgradientdowngradient from the from the applicationapplication
593 CCR §6970 (e) (6)
IV. Prohibited Applications IV. Prohibited Applications (cont.) (cont.)
No applications to No applications to plants/trees/shrubsplants/trees/shrubs if standing waterif standing water in dripline in dripline oror ““perimeterperimeter” ” area of those plantsarea of those plants
603 CCR §6970 (f)
Exempt ApplicationsExempt Applications
•Injections into soil or structural Injections into soil or structural materials (concrete, wood)materials (concrete, wood)
613 CCR §6972 (a)
Exempt Applications Exempt Applications (cont.)(cont.)
• PostPost-construction -construction
rod / trench termiticide appsrod / trench termiticide apps
3 CCR §6972 (b) 62
Exempt Applications Exempt Applications (cont.)(cont.)
•Apps to below-ground insect nests Apps to below-ground insect nests made of mud or paper combmade of mud or paper comb
633 CCR §6972 (c)
Exempt Applications Exempt Applications (cont.)(cont.)
• Applications of Applications of baitsbaits toto weather–proof weather–proof bait stations bait stations
oror as as “gel baits”“gel baits”
3 CCR §6972 (d)
Exempt Applications Exempt Applications (cont.)(cont.)
•Applications to receiving waters for Applications to receiving waters for which an which an NPDESNPDES* permit has been * permit has been issued for pesticide discharges to issued for pesticide discharges to waters of the U.S. from spray waters of the U.S. from spray applications and vector control applications and vector control applicationsapplications
**NPDESNPDES = National Pollutant Discharge Elimination System= National Pollutant Discharge Elimination System
653 CCR §6972 (e)
Exempt Applications Exempt Applications (cont.)(cont.)
• Applications to the underside of eavesApplications to the underside of eaves
663 CCR §6972 (f)
Exempt Applications Exempt Applications (cont.)(cont.)
•Fogger or aerosol applicationsFogger or aerosol applications
673 CCR §6972 (g)
Solving The Puzzle…Solving The Puzzle…When Do These Regs Apply?When Do These Regs Apply?
To help you in the field:To help you in the field:
Questions to ask about the application Questions to ask about the application
Is the pyrethroid listed?Is the pyrethroid listed? Is the application listed as exempt in 3 CCR Is the application listed as exempt in 3 CCR §§6972?6972? Is the application Is the application methodmethod listed in the listed in the
surface water regs?surface water regs? Is the Is the use site use site listed? listed? Is the treatment site Is the treatment site adjacent toadjacent to a “problem” area?a “problem” area? Is the surface area Is the surface area typetype listed? (soil, lawn, concrete)listed? (soil, lawn, concrete)
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