A. In order to more accurately determine the mobility and persistence of the pesticides identified pursuant to section 49-303, subsection C, paragraphs 2 and 3 and those pesticides whose continued use is allowed pursuant to section 49-309 and to determine if these pesticides have migrated into groundwaters of this state, the director shall conduct soil and groundwater monitoring statewide in areas of this state where the pesticide is primarily used or where other factors identified pursuant to section 49-302, including physicochemical characteristics and use practices of pesticides, indicate a probability that the pesticide may migrate into the groundwaters of this state. The monitoring shall begin within one year after the pesticide is placed on the groundwater protection list and shall be conducted according to standard protocol and testing procedures established pursuant to subsection B of this section. Monitoring programs shall replicate conditions under which the pesticide is normally used in the area of monitoring. In developing a monitoring program, the director shall coordinate activities with other agencies that conduct soil and groundwater monitoring.

Terms Used In Arizona Laws 49-307

  • 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
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • 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. Within ninety days after a pesticide is placed on the groundwater protection list pursuant to section 49-305, the director, in consultation with the department of health services, shall expeditiously develop a standard protocol and testing procedure for each pesticide identified pursuant to section 49-305.

C. The director shall determine the probable source of the pesticides, specified ingredients or degradation products. The analysis of the pesticides, specified ingredients or degradation products shall consider factors such as the physical and chemical characteristics of the pesticide, volume of use and method of applying the pesticide, irrigation practices related to use of the pesticide and types of soil in areas where the pesticide is applied.

D. The director shall report all monitoring results to the Arizona department of agriculture.