A. The director shall establish a groundwater protection list of pesticides that have the potential to pollute groundwater. The director shall immediately place all pesticides identified in section 49-303, subsection C, paragraphs 2 and 3 on the groundwater protection list and shall regulate the use of these pesticides if the pesticide is intended for application to or injection into the soil by ground based application equipment or by chemigation, or the label of the pesticide requires or recommends that the application be followed within seventy-two hours by flood or furrow irrigation. The director shall adopt rules to carry out this section.

Terms Used In Arizona Laws 49-305

  • Chemigation: means a method of irrigation by which a pesticide is mixed with irrigation water before the water is applied to the crop or the soil. See Arizona Laws 49-301
  • Department: means the department of environmental quality. See Arizona Laws 49-201
  • Director: means the director of environmental quality or the director's designee. See Arizona Laws 49-201
  • Person: means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body or other entity. See Arizona Laws 49-201
  • Pesticide: means any substance or mixture of substances intended for either:

    (a) Preventing, destroying, repelling or mitigating any pest. See Arizona Laws 49-301

B. On notice from the director, a person who uses a pesticide on the groundwater protection list is required to report the use of the pesticide on a form prescribed by the director. The reporting deadline shall conform to the deadline established by the Arizona department of agriculture for reporting custom applications.

C. If a pesticide has not been detected in groundwater anywhere in this state in tests conducted by a governmental agency or other reliable source, the director may remove that pesticide from the groundwater protection list as provided in rule.