1. Regulatory Update and Common Violations San Mateo County Department of Agriculture February 2013

2. 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.

3. 3 Aluminum Phosphide Label Changes New Label with significant new restrictions  Use no longer allowed around residential areas, nursing homes, schools (except athletic fields, where use may continue), day care facilities, and hospitalsathletic fields  100 foot buffer from a building that is or may be occupied by people or domestic animals.

4. 4 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.

5. 5 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

6. 6 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.

7. 7 Pesticide Use Monitoring Inspection: What to expect during an inspection

8. 8 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

9. 9 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?

10. 10 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.

11. 11 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

12. 12 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

13. 13 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

14. 14 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

15. 15 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

16. 16 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.

17. 17 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

18. 18 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

19. 19 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.

20. 20 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

21. 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 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 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 21

22. CalAgPermits and On-Line Pesticide Use Reporting San Mateo County Department of Agriculture/Weights and Measures

23. 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

24. 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

25. 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 10 th 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

26. 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: SMateoAG@smcgov.org –Fax number: (650)367-0130

28. 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.

29. CalAgPermits Public User Home Page

30. 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

31. Data Entry Screen

32. 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

33. Finding your records using the PUR/NOI list

34. Printing and Saving Reports

35. Contact Information If you have any question please contact your District Biologist. Koren Widdel- –kwiddel@smcgov.org –650-363-4700 Leonard Kuwahara –lkuwahara@smcgov.org –650-726-2514 Jeremy Eide –Jeide@smcgov.org –650-363-4700

36. DPR Surface Water Protection Regulations 3 CCR sections 6970 and 6972 (and new definitions added to 3 CCR §6000) Effective July 19, 2012

37. The Big Picture Goal Reduce surface water contamination from pyrethroid insecticides. Reduce surface water contamination from pyrethroid insecticides. Pesticide runoff to surface water is a significant source of aquatic toxicity. Pesticide runoff to surface water is a significant source of aquatic toxicity. 37

38. Applications Affected Only pesticide applications that meet all of the following criteria : outdoor applicationsoutdoor applications to non-agricultural sites (including structural, residential, industrial, and institutional)to non-agricultural sites (including structural, residential, industrial, and institutional) of any of the 17 specified pyrethroidsof any of the 17 specified pyrethroids by persons performing pest control for hire (pest control businesses, including landscape maintenance gardeners)by persons performing pest control for hire (pest control businesses, including landscape maintenance gardeners) 38 3 CCR §6970

39. 39 Applications NOT Affected (not “for hire”) Pesticide applications by agency and school employeesby agency and school employees by business and institutional employeesby business and institutional employees by homeowners and residentsby homeowners and residents

40. Pesticide Uses NOT Affected Production agricultural sites Production agricultural sites Non-production agricultural sites: Non-production agricultural sites: Parks, city owned treesParks, city owned trees CemeteriesCemeteries Golf coursesGolf courses Rights of WayRights of Way

41. 17 Regulated Pesticides (continued on next slide) Active IngredientProduct Example BifenthrinTalstar CyfluthrinTempo 20 WP Beta-cyfluthrinTempo SC, Cyguard Gamma-cyhalothrinStandguard Lambda-cyhalothrinDemand, Cyonara CypermethrinDemon Max DeltamethrinEnforcer, Deltagard EsfenvalerateOrtho Bug B Gon FenpropathrinTame Tau-fluvalinateMavrik PermethrinDragnet, Raid 3 CCR §6970

42. 17 Regulated Pesticides (cont.) Active IngredientProduct Example BioallethrinAce Wasp/Horney Killer S-bioallethrinZep Ant & Roach Spray PhenothrinWasp & Hornet Killer PrallethrinFlying Insect Spray ResmethrinBlack Flag Fogging Insecticide TetramethrinOrtho Hornet/Wasp Killer 4 3 CCR §6970

43. 3 CCR §6000 Definitions (see text of regulation for complete definition) Aquatic habitat: bodies of water, such as lakes, reservoirs, rivers, perennial and intermittent streams, wetlands, or ponds, sloughs, and estuaries Crack and Crevice Treatment: application of small amounts of insecticide directly into cracks and crevices in which insects hide or through which they may enter the building [AND] only minimal amounts of pesticide should remain on the surface. 43 3 CCR §6000

44. 3 CCR §6000 Definitions (cont.) (see text of regulation for complete definition) Impervious Surfaces: hard surfaces, such as concrete or asphalt streets, sidewalks, and driveways Precipitation: the condensation of atmospheric water vapor that falls under gravity. Precipitation does not include mist or fog. Spot Treatment: application to limited areas ≤ 2 sq. ft. on which pests are likely to occur or have been located during the process of monitoring or inspection. 44 3 CCR §6000

45. Surface Water Protection I. Applications to soft surfaces II. Applications to hard horizontal surfaces, or doors and windows III. Applications to vertical surfaces other than doors and windows IV. Prohibited applications 45

46. I. Applications to soft surfaces (soil, mulch, gravel, lawn, groundcover) Limited to four options: (1) Spot treatments; or (2) Pin stream treatments of 1” wide or less; or (3) Perimeter band treatments < 3 feet outward from the base of a building*; or 46 3 CCR §6970 (a) (1-3) * DPR reg more restrictive than U.S. EPA label (no label restriction)

47. I. Applications to soft surfaces (soil surface, mulch, gravel, lawn, turf, groundcover) cont. (4) Broadcast treatments, but not within 2 feet of horizontal impervious surfaces 2 feet of horizontal impervious surfaces Pin stream treatments of <1” can be made within the 2-foot no-broadcast- treatment zone Pin stream treatments of <1” can be made within the 2-foot no-broadcast- treatment zone 3 CCR §6970 (a) (4)

48. I. Applications to soft surfaces (soil surface, mulch, gravel, lawn, turf, groundcover) cont. Broadcast preconstruction termiticide treatments done prior to precipitation… Broadcast preconstruction termiticide treatments done prior to precipitation… Site must be covered w/waterproof covering OR concrete slab must be poured over treated soil. [and see slide # 27] 48 3 CCR §6970 (a) (5)

49. I. Applications to soft surfaces (soil surface, mulch, gravel, lawn, turf, groundcover) cont. Regardless of the application method, if you apply a granular pesticide, any granules must be swept that land on horizontal impervious surfaces back onto treatment site Regardless of the application method, if you apply a granular pesticide, any granules must be swept that land on horizontal impervious surfaces back onto treatment site 49 3 CCR §6970 (d)

50. II. Applications to horizontal impervious surfaces, or to doors and, windows Limited to: (1) Spot treatment (2) Crack and crevice (3) Pin stream of 1 inch or less 50 3 CCR §6970 (b) (1-3)

51. III. Applications to vertical surfaces other than doors, or windows Limited to: (1) Spot treatments (2) Crack and crevice (3) Pin stream of 1 inch or less (4) Perimeter band treatment up to a max. of 2 feet above grade level* 51 3 CCR §6970 (c) (1-4) * DPR reg more restrictive than U.S. EPA label (3 feet above grade level)

52. IV. Prohibited Applications No applications during rainfall No applications during rainfall (except those to the underside of eaves) (except those to the underside of eaves) 52 3 CCR §6970 (e) (1)

53. IV. Prohibited Applications (cont.) No applications to any horizontal surface (including the soil surface, mulch, gravel, lawn, turf, groundcover, or horizontal impervious surfaces) with standing water, including puddles No applications to any horizontal surface (including the soil surface, mulch, gravel, lawn, turf, groundcover, or horizontal impervious surfaces) with standing water, including puddles 3 CCR §6970 (e) (2) 53

54. IV. Prohibited Applications (cont.) No applications to sewer or storm drains or curbside gutters 54 3 CCR §6970 (e) (3)

55. IV. Prohibited Applications (cont.) No applications to constructed drainage systems that drain to a sewer/storm drain, curbside gutter, or aquatic habitat No applications to constructed drainage systems that drain to a sewer/storm drain, curbside gutter, or aquatic habitat 3 CCR §6970 (e) (4) 55

56. IV. Prohibited Applications (cont.) Constructed Drainage Systems Visible drainage grate connected to drain pipe Visible drainage grate connected to drain pipe 3 CCR §6970 (e) (4) (A) 56

57. IV. Prohibited Applications (cont.) 57 Visible french drain, landscaped dry river bed, swale or trench filled with gravel or rock Constructed Drainage Systems 3 CCR §6970 (e) (4) (B)

58. IV. Prohibited Applications (cont.) No applications to any horizontal surface (soil, turf, etc., or impervious or preconstruction) within 25 feet of aquatic habitat located downgradient from the application site 58 3 CCR §6970 (e) (5)

59. IV. Prohibited Applications (cont.) No applications to a preconstruction termiticide site within 10 feet of a storm drain located downgradient from the application 59 3 CCR §6970 (e) (6)

60. IV. Prohibited Applications (cont.) No applications to plants/trees/shrubs if standing water in dripline or “perimeter” area of those plants 60 3 CCR §6970 (f)

61. Exempt Applications Injections into soil or structural materials (concrete, wood) Injections into soil or structural materials (concrete, wood) 61 3 CCR §6972 (a)

62. Exempt Applications (cont.) Post-construction Post-construction rod / trench termiticide apps 3 CCR §6972 (b) 62

63. Exempt Applications (cont.) Apps to below-ground insect nests made of mud or paper comb Apps to below-ground insect nests made of mud or paper comb 63 3 CCR §6972 (c)

64. Exempt Applications (cont.) Applications of baits to weather–proof bait stations Applications of baits to weather–proof bait stations or as “gel baits” or as “gel baits” 3 CCR §6972 (d)

65. Exempt Applications (cont.) Applications to receiving waters for which an NPDES* permit has been issued for pesticide discharges to waters of the U.S. from spray applications and vector control applications Applications to receiving waters for which an NPDES* permit has been issued for pesticide discharges to waters of the U.S. from spray applications and vector control applications * NPDES = National Pollutant Discharge Elimination System 65 3 CCR §6972 (e)

66. Exempt Applications (cont.) Applications to the underside of eaves Applications to the underside of eaves 66 3 CCR §6972 (f)

67. Exempt Applications (cont.) Fogger or aerosol applications Fogger or aerosol applications 67 3 CCR §6972 (g)

68. Solving The Puzzle… When Do These Regs Apply? To help you in the field: Questions to ask about the application Is the pyrethroid listed? Is the pyrethroid listed? Is the application listed as exempt in 3 CCR § 6972? Is the application listed as exempt in 3 CCR § 6972? Is the application method listed in the Is the application method listed in the surface water regs? surface water regs? Is the use site listed? Is the use site listed? Is the treatment site adjacent to a “problem” area? Is the treatment site adjacent to a “problem” area? Is the surface area type listed? (soil, lawn, concrete) Is the surface area type listed? (soil, lawn, concrete) 68