California Code of Regulations (Title 3. Food and Agriculture)
Division 6. Pesticides and Pest Control Operations

Division 6. Pesticides and Pest Control Operations
Chapter 4. Environmental Protection
Subchapter 5. Surface Water
Article 1. Pesticide Contamination Prevention

6960. Dormant Insecticide Contamination Prevention.

(a) The operator of the property shall meet at least one of the following requirements when making dormant applications:

(1) only apply a dormant oil, or a biocontrol agent such as but not limited to spinosad or Bacillus sp.; or
(2) only apply to a hydrologically isolated site; or
(3) divert any runoff with an on-farm recirculating system and/or contain and hold any runoff for 72 hours before releasing into a sensitive aquatic site.

(b) If none of the requirements in subsection (a) can be met, the following dormant insecticide application restrictions shall apply:

(1)the operator of the property to be treated shall obtain a written recommendation from a licensed pest control adviser prior to the application; and
(2)the application shall not be made within 100 feet of any sensitive aquatic site; and
(3) wind speed shall be 3-10 miles per hour (mph) at the perimeter of the application site as measured by an anemometer on the upwind side.

(c) Aerial application of dormant insecticides shall only be allowed if:

(1) soil conditions do not allow field entry, or approaching bloom conditions necessitate aerial application; and
(2) all the requirements in subsection (b) are met.

(d) No dormant insecticide application shall occur if:

(1) soil moisture is at field capacity and a storm event, forecasted by the National Oceanic and Atmospheric Administration (NOAA) or National Weather Service (NWS), is to occur within 48 hours following application; or
(2) a storm event likely to produce runoff from the treated area is forecasted by NOAA/NWS to occur within 48 hours following the application.

6970. Surface Water Protection in Outdoor Nonagricultural Settings.

The provisions of this section apply to any person performing pest control for hire, including landscape maintenance gardeners, when any of the following pesticides is applied outdoors to structural, residential, industrial, and institutional sites:

bifenthrin
bioallethrin
S-bioallethrin
cyfluthrin
beta-cyfluthrin
gamma-cyhalothrin
lambda-cyhalothrin
cypermethrin
deltamethrin
esfenvalerate
fenpropathrin
tau-fluvalinate
permethrin
phenothrin
prallethrin
resmethrin
tetramethrin

(a) Except when prohibited in (e), applications to the soil surface, mulch, gravel, lawn, turf, or groundcover must be made using only the methods described below:

(1) Spot treatment
(2) Pin stream treatment of one-inch wide or less
(3) Perimeter band treatment of three feet wide or less from the base of a building outward
(4) Broadcast treatment but not within two feet from any horizontal impervious surface. Pin stream treatment of one-inch wide or less may be made within the two-foot area.
(5) For broadcast treatment of termiticides to preconstruction sites, prior to precipitation, the treatment site must be covered with a waterproof covering, such as a polyethylene sheet, or a concrete slab must be poured over the treated soil.

(b) Except when prohibited in (e), applications to windows and doors, and horizontal impervious surfaces must be made using only the methods described below:

(1) Spot treatment
(2) Crack and crevice treatment
(3) Pin stream treatment of one-inch wide or less

(c) Except when prohibited in (e), applications to vertical structural surfaces, such as walls, foundations, and fencing, must be made using only the methods described below:

(1) Spot treatment
(2) Crack and crevice treatment
(3) Pin stream treatment of one-inch wide or less
(4) Perimeter band treatment up to a maximum height of two feet above the grade level.

(d) Except when prohibited in (e), for applications using granules to the soil surface, mulch, gravel, lawn, turf, or groundcover, the applicator shall sweep any granules that land on horizontal impervious surfaces onto the treatment site.
(e) The following applications are prohibited:

(1) To any site during precipitation, except for applications made to the underside of eaves;
(2) To the soil surface, mulch, gravel, lawn, turf, groundcover, or horizontal impervious surfaces with standing water, including puddles;
(3) To a sewer or storm drain, or curbside gutter;
(4) To the following components of a constructed drainage system that drains to a sewer or storm drain, curbside gutter, or aquatic habitat:

(5) To the soil surface, including preconstruction termiticide sites, mulch, gravel, lawn, turf, groundcover, or horizontal impervious surfaces within 25 feet of aquatic habitat located downgradient from the application. The applicator shall measure the distance from the high water mark or intermittent streams that are dry from the top of the near bank; or
(6) To the preconstruction termiticide site within 10 feet of a storm drain located downgradient from the application.

(f) Application to plants, shrubs, or trees where there is standing water in the dripline or perimeter of the plants, shrubs, or trees is prohibited.

NOTE: Authority cited: Section 11456, Food and Agricultural Code.
Reference: Sections 11456 and 11501, Food and Agricultural Code.

6972. Exemptions from Surface Water Protection in Outdoor Nonagricultural Settings.

The following applications are exempt from the provisions of section 6970:

(a) Injection into soil or structural materials, such as bricks, concrete, or wood.
(b) Post-construction rod or trench termiticide application methods.
(c) Applications to below-ground insect nests or nests made of mud or paper combs.
(d) Applications of baits in weather-proof stations or gel baits.
(e) Pesticide applications to receiving waters for which a permit has been issued under the Statewide General National Pollutant Discharge Elimination System (NPDES) for Pesticide Discharges to Waters of the U.S. from Spray Applications, and Vector Control Applications.
(f) Applications to the underside of eaves.
(g) Foggers or aerosol applications.

NOTE: Authority cited: Section 11456, Food and Agricultural Code.
Reference: Sections 11456 and 11501, Food and Agricultural Code.

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