Laws and Regulations Update

Sue OstromSue Ostrom

Senior Agricultural BiologistSenior Agricultural Biologist

Wellhead Protection

Wellhead Protection

Some activities are prohibited within Some activities are prohibited within 100ft. of an “unprotected” wellhead:100ft. of an “unprotected” wellhead: Mixing, loading, and storage of pesticidesMixing, loading, and storage of pesticides Rinsing of spray equipment or containersRinsing of spray equipment or containers Maintenance of equipment that could lead to Maintenance of equipment that could lead to

spillage of pesticides onto the groundspillage of pesticides onto the ground Application of some preemergent herbicidesApplication of some preemergent herbicides

Wellhead Protection

““unprotected” wellhead: runoff unprotected” wellhead: runoff water from the area of pesticide water from the area of pesticide application or activity may contact application or activity may contact the wellhead or concrete padthe wellhead or concrete pad

a wellhead may be “protected” by a wellhead may be “protected” by forming a berm around it forming a berm around it

Wellhead Protection

Wellhead Protection

Wellhead Protection

Wellhead Protection

Wellhead Protection

Wellhead Protection

Preemergent herbicides: for this Preemergent herbicides: for this regulation are those that are listed regulation are those that are listed in CCR 6800 (see handout).in CCR 6800 (see handout).

Herbicides on list: Herbicides on list: Simazine (Princep, Sim-Trol)Simazine (Princep, Sim-Trol) Oryzalin (Surflan, Rout, Oryza Ag)Oryzalin (Surflan, Rout, Oryza Ag)

Wellhead Protection

Herbicides not on list: Herbicides not on list: Oxyfluorfen (such as Goal), Oxyfluorfen (such as Goal), Pendimethalin (such as Pendulum and Pendimethalin (such as Pendulum and

Prowl) Prowl) Flumioxazin (such as Chateau and Flumioxazin (such as Chateau and

Payload) Payload)

Medical Supervision

Medical Supervision

What is it? What is it? Blood testing and monitoring of the Blood testing and monitoring of the

results. results. When is it required?When is it required?

Whenever an employee handles an Whenever an employee handles an organophosphate or carbamate organophosphate or carbamate labeled as “Danger” or “Warning” for labeled as “Danger” or “Warning” for more than 6 days within a 30 day more than 6 days within a 30 day period.period.

Medical Supervision

What are some of the pesticides What are some of the pesticides that would fall under these that would fall under these requirements?requirements? SevinSevin DimethoateDimethoate LorsbanLorsban LannateLannate

Medical Supervision

What do I need to do as the What do I need to do as the employer?employer? Keep records of all employees who Keep records of all employees who

handle these pesticides, what pesticide handle these pesticides, what pesticide was used, and the date.was used, and the date.

Have a written agreement for medical Have a written agreement for medical supervision signed by a physician.supervision signed by a physician.

Submit the agreement to the Submit the agreement to the Commissioner’s office.Commissioner’s office.

Medical Supervision

What do I need to do as the What do I need to do as the employer?employer? Have each employee who would fall Have each employee who would fall

under this program tested and under this program tested and establish a baseline, then tested establish a baseline, then tested periodically (3 tests at 30 day periodically (3 tests at 30 day intervals then every 60 days unless intervals then every 60 days unless otherwise recommended by the otherwise recommended by the physician).physician).

Medical Supervision

What do I need to do as the employer?What do I need to do as the employer? Keep records and make them available for Keep records and make them available for

inspection (agreement with physician, use inspection (agreement with physician, use records, test results, etc.)records, test results, etc.)

Follow the recommendations of the Follow the recommendations of the physicianphysician

Post the name, address and telephone Post the name, address and telephone number of the physician at the workplace.number of the physician at the workplace.

Medical Supervision

What do I need to do as the What do I need to do as the employer?employer? Investigate the work practices Investigate the work practices

(sanitation, handling procedures, (sanitation, handling procedures, safety equipment, etc.) of any safety equipment, etc.) of any employee whose levels fall below 80 employee whose levels fall below 80 percent of the baseline and keep a percent of the baseline and keep a written record of the findings.written record of the findings.

Medical Supervision

What do I need to do as the What do I need to do as the employer?employer? Remove any employee from use of Remove any employee from use of

these types of pesticides if their these types of pesticides if their baseline falls below 70 percent (they baseline falls below 70 percent (they can resume this type of work when can resume this type of work when their baseline is again above 80 their baseline is again above 80 percent).percent).

Dormant Insecticide Restrictions

Dormant Insecticide Restrictions New regulations to take effect New regulations to take effect

early next year.early next year. These regulations were adopted to These regulations were adopted to

address runoff from crops carrying address runoff from crops carrying dormant applied insecticides into dormant applied insecticides into waterways.waterways.

Dormant Insecticide Restrictions What situations will the regulations What situations will the regulations

apply to?apply to? Dormant applications that involve Dormant applications that involve

insecticides other than just dormant insecticides other than just dormant oil, spinosad, or oil, spinosad, or Bacillus spBacillus sp. on a . on a property where there may be runoff.property where there may be runoff.

Dormant Insecticide Restrictions What is required?What is required?

A written recommendation from an A written recommendation from an Advisor.Advisor.

Cannot apply within 100 feet of any Cannot apply within 100 feet of any sensitive aquatic site.sensitive aquatic site.

Dormant Insecticide Restrictions What is required?What is required?

Wind speed shall be 3-10mph at the Wind speed shall be 3-10mph at the perimeter of the application site as perimeter of the application site as measured by an anemometer on the measured by an anemometer on the upwind side.upwind side.

Aerial applications are only allowed if Aerial applications are only allowed if it is too wet to apply by ground.it is too wet to apply by ground.

Dormant Insecticide Restrictions NoNo dormant insecticide application dormant insecticide application

(other than dormant oil, spinosad, or (other than dormant oil, spinosad, or Bacillus sp. only) can take place if:Bacillus sp. only) can take place if: Soil moisture is at field capacity (any Soil moisture is at field capacity (any

rain would cause runoff) and a storm rain would cause runoff) and a storm event is forecasted by the National event is forecasted by the National Oceanic and Atmospheric Administration Oceanic and Atmospheric Administration (NOAA)/National Weather Service (NWS) (NOAA)/National Weather Service (NWS) is to occur within 48 hours following the is to occur within 48 hours following the application or;application or;

Dormant Insecticide Restrictions

A storm event likely to produce runoff A storm event likely to produce runoff from the treated area is forecasted by from the treated area is forecasted by NOAA/NWS to occur within 48 hours NOAA/NWS to occur within 48 hours following the applicationfollowing the application

Questions?