06-09-88
Reg. No. AG-88-1: RESTRICTED AREAS, SCHOOL AREAS AND BODIES OF WATER
DEFINITIONS.
Section 101. Agricultural Material. The term "agricultural material"
shall mean any pesticide, as that term is defined in 40
C.F.R. Section 162.3 as hereafter amended, fertilizer or
chemical mixture applied to the land in the course of
agricultural operations.
Section 102. Aircraft. The term "aircraft" shall mean any machine
designed to travel through the air.
Section 103. Bodies of Water. The term "body of water" shall mean the
area within the bank or shore of:
a) any lake, pond, river, stream or creek; or
b) any irrigation ditch or canal containing water
for a major portion of the year.
Section 104. Closed for the Day. The term "closed for the day" shall
mean the time period between 4:30 p.m. and 1:30 a.m. the
following morning.
Section 105. Environmental Protection Officer. The term "Environmental
Protection Officer" shall mean the Environmental
Protection Officer of the Colorado River Indian Tribes.
Section 106. Ground Method. The term "ground method" shall mean
application by tractor, motorized equipment, backpack or
other method used to apply agricultural material from the
ground.
Section 107. Grower. The term "grower" shall mean the person or
persons in possession of the property and currently
performing farming operations on the property.
Section 108. Odoriferous Agriculture Material. The term "odoriferous
agriculture material" shall mean any pesticide that is
classified by the Environmental Protection Agency or the
Arizona Board of Pesticide Control as "odoriferous."
Section 109. Restricted Areas. The term "restricted areas: shall mean
that area within the boundary of the following locations:
a) the area bounded by the Colorado River and a line
drawn from the Colorado River to the southwest
corner of the Joint Venture Sewage Treatment Facility,
to the intersection of Mohave Road and First Avenue,
along Mohave Road to one-quarter (1/4) of a mile
across Route 72, northeast to Route 95, along Route 95
to the northeast boundary of the Reservation and along
the Reservation boundary to the Colorado River;
b) Tribal Administration Complex, Manataba Park,
Presbyterian Church, and Cry House on Laffoon Road;
c) Mission Subdivision and Second Avenue;
d) MoChem Housing Subdivision on Little Road;
e) All American Church on 8th Avenue and Burns Road;
f) Harvest Mission, north of Burns Road along Mohave
Road;
g) 50-Homes Subdivision in Poston, Hatch Center,
Native American Produce Packing Shed, Poston
BIA O&M Yard, and all commercial areas;
h) Mormon Church, Baptist Church and Nazarene
Church, located south of Hope Road along Mohave
Road;
i) Catholic Church, one (1) mile south of Peterson
Road along Mohave Road; or
j) River Bend Subdivision and Burns Road to one mile
(1) mile south on 15th Avenue.
Section 110. School Areas. The term "school areas" shall mean that
area within the boundary of the following locations:
a) LePera School;
b) CRIT Head Start; or
c) CRIT Childrens Day Care.
Section 111. Weekend Break. The term "weekend break' shall mean that
time period between 4:30 p.m. Friday evening and 1:30 a.m.
the following Monday morning.
ACTIVITIES WITHIN RESTRICTED AREAS.
Section 201. No person may transport any agricultural material by
aircraft over or across a restricted area at any time;
provided, that agricultural material may be transported
over or across churches, not otherwise within the bounds
of a restricted area, with the prior approval of the
Environmental Protection Officer.
Section 202. No person may apply or dispense any agricultural material
by aircraft or ground method within one-quarter (1/4) mile
of a restricted area unless the following conditions are
met:
a) The Farm Pest Control Advisor and/or the grower must
notify the Environmental Protection Officer
twenty-four (24) hours in advance of any proposed
application;
b) The application pattern must include a provision for
an emergency landing and emergency dispensing of
agricultural material which would not endanger
persons or property;
c) The agricultural applicator must notify the
Environmental Protection Officer no less than two
(2) hours prior to such application; and
d) The Environmental Protection Officer must not have
notified the applicator that the application is
prohibited.
ACTIVITIES WITHIN SCHOOL AREAS.
Section 301. No person may transport any agricultural material by
aircraft over a school area at any time.
Section 302. No person may apply or dispense any agricultural material
by aircraft or ground method within one-quarter (1/4) mile
of a school area unless the following conditions are met:
a) The school is:
(i) on summer vacation break and there are no school
activities being conducted;
(ii) on weekend break and there are no school
activities being conducted; or
(iii) closed for the day; and
b) An emergency pest situation has been declared by the
Farm Pest Control Advisor and the procedures in
sections 202(a) through (d) of these regulations have
been followed, provided that for applications between
1:30 p.m. Monday morning through 4:30 p.m. Friday
afternoon when school is in session approval of the
Environmental Protection Office must be received.
Section 303. Chemicals in School Areas. The use of L-10, Paraquot or
any odoriferous agricultural material is prohibited within
one (1) mile of a school area unless an emergency pest
situation has been declared by the Farm Pest Control
Advisory and there is compliance with the conditions and
procedures in section 302.
Section 304. School Buses. No person may apply or dispense any
agricultural material by aircraft or ground method within
five hundred (500) feet of an operating school bus.
ACTIVITIES NEAR BODIES OF WATER.
Section 401. No person may apply or dispense any agricultural material
by aircraft or ground method within one-quarter (1/4) mile
of body of water, as that term is defined in Section
103(a), unless the procedures in sections 202(a) through
(d) of these regulations have been followed.
Section 402. No person may apply or dispense any agricultural material
by aircraft or ground method in such a manner that would
cause harm to living organisms, other than the intended
target pests, in any body of water.
Section 403. Any application of agricultural materials directly to the
banks of a body of water shall be pursuant to a plan
approved by the Environmental Protection Office. Such
plan shall prescribe the method of application and the
agricultural materials which may be used.
PREPARATION OF AGRICULTURAL MATERIAL.
Section 501. When mixing or preparing agricultural material for
application the following conditions must be met:
a) applicator shall not use water directly from a body of
water for mixing or preparing agricultural material
without prior approval from the Environmental
Protection Officer. Such approval shall be
conditioned on the applicator's providing evidence:
(i) that a tank or container separate from any tank
or container used for mixing or preparation
will be used for receiving water directly from
a body of water; and
(ii) that separate pumps will be used for pumping
the water directly from a body of water and for
mixing and preparing agricultural material;
b) The applicator shall at no time mix or prepare
agricultural material within two hundred (200) feet of
a body of water; and
c) The applicator shall not mix or prepare any
agricultural material in a manner that is not
consistent with its label directions.
Section 502. When mixing or preparing agricultural material for use in
a chemigation application the place of input into a ditch
shall be on the field side of the opening gate of the
canal and the location of any containers shall be on the
field side of the place of input. All equipment shall
be located in manner not to obstruct the free movement
of vehicles along the canal right-of-way.
The foregoing rules and regulations are issued by the
Pesticide Control Committee pursuant to Section 1-103 of the
Agriculture Code of the Colorado River Indian Tribes, pursuant to
action taken by the Pesticide Control Committee on June 9, 1988.
COLORADO RIVER INDIAN TRIBES
PESTICIDE CONTROL COMMITTEE
By: Elliott L. Booth
Chairman, Pesticide Control
Committee
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