JurisdictionCaliforniaCode FACFood and Agricultural Code - FAC
Div. 7.DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS
Ch. 2.CHAPTER 2. Pesticides
Art. 15.ARTICLE 15. The Pesticide Contamination Prevention Act
This text of California § 13152. (13152. (Amended by Stats. 2014, Ch. 626, Sec. 6.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)
(1)The department shall conduct ongoing soil and groundwater monitoring of any pesticide whose continued use is permitted following the issuance of findings by the director pursuant to subdivision (d) of Section 13150. The department shall continuously review new science and data that could impact the validity of a finding that a pesticide reviewed pursuant to Section 13150 has not polluted and does not threaten to pollute the groundwater of the state.
(2)If the department determines that there is new science or data that could impact the validity of a finding described in paragraph (1), the director shall either mitigate
the threat presented by the pollution or subject the pesticide again to the Section 13150 review process.
(b)Any pesticide monitored pursuant to this section
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(a)
(1)
The department shall conduct ongoing soil and groundwater monitoring of any pesticide whose continued use is permitted following the issuance of findings by the director pursuant to subdivision (d) of Section 13150. The department shall continuously review new science and data that could impact the validity of a finding that a pesticide reviewed pursuant to Section 13150 has not polluted and does not threaten to pollute the groundwater of the state.
(2)
If the department determines that there is new science or data that could impact the validity of a finding described in paragraph (1), the director shall either mitigate
the threat presented by the pollution or subject the pesticide again to the Section 13150 review process.
(b)
Any pesticide monitored pursuant to this section that is determined, by review of monitoring data and any other relevant data, to pollute the groundwaters of the state two years after the director takes action pursuant to paragraph (2), (3), or (4) of subdivision (d) of Section 13150 shall be canceled unless the director has determined that the adverse health effects of the pesticide are not carcinogenic, mutagenic, teratogenic, or neurotoxic.
(c)
The department shall maintain a statewide database of wells sampled for pesticide active ingredients. All agencies shall submit to
the department, in a timely manner, the results of any well sampling for pesticide active ingredients and the results of any well sampling that detect any pesticide active ingredients.
(d)
Not later than June 30, 1986, the director, the State Department of Public Health, and the board shall jointly establish minimum requirements for well sampling that will ensure precise and accurate results. The requirements shall be distributed to all agencies that conduct well sampling. All well sampling conducted after December 1, 1986, shall meet the minimum requirements established pursuant to this subdivision.
(e)
The department shall post the following information on its Internet Web site, updated no later than December 1 of each year:
(1)
The number of wells sampled for pesticide active ingredients, the location of the wells from which the samples were taken, the well numbers, if available, and the agencies responsible for drawing and analyzing the samples.
(2)
The number of well samples with detectable levels of pesticide active ingredients, the location of the wells from which the samples were taken, the well numbers, if available, and the agencies responsible for drawing and analyzing the samples.
(3)
An analysis of the results of well sampling described in paragraphs (1) and (2), to determine the probable source of the residues. The analysis shall consider factors such as the physical and chemical characteristics of the pesticide, volume of use and method of application of the pesticide, irrigation
practices related to use of the pesticide, and types of soil in areas where the pesticide is applied.
(4)
Actions taken by the director and the board to prevent pesticides from migrating to groundwaters of the state.