02-28-78
Colorado River Indian Tribes
Colorado River Indian Reservation
Ordinance No. 31
Pesticide Control
ARTICLE I. Purpose; Definitions; Pesticide Control Committee
Section 101. Purpose.
The Tribal Council finds and declares as follows:
A. The economic welfare of the Colorado River Indian Tribes, their
members, and others residing or working within the Reservation
is dependent upon agricultural use and development of lands
within the Reservation;
B. Maximum benefit from such use and development requires extensive
application of various pesticides within the Reservation;
C. Use of pesticides may be required periodically for maintenance of
healthful conditions within the Reservation; and
D. Pesticides also may jeopardize the public health, safety and
welfare.
Therefore, it is the intent of the Tribal Council to provide for the
safe production, processing, transportation, handling, storage,
application and other use, and disposal of pesticides within the
Reservation by the enactment of this ordinance; by the creation of the
Pesticide Control Committee; and by the authorization hereby delegated
to the Committee to adopt a pesticide control program and rules and
regulations, and to enforce this ordinance, that program and those
rules and regulations.
Section 102. Definitions of Terms.
As used in this ordinance, or when used for purposes of application
of this ordinance, the terms set forth below shall have the following
meanings, respectively.
A. Pesticide. Any substance or mixture of substances intended to be
used for (i) preventing, destroying, repelling, or mitigating any
pest, or (ii) defoliating or desiccating any plants, or (iii)
accelerating or retarding the rate of growth or rate of
maturation, or otherwise altering the behavior of plants or the
produce thereof, but not to include substances to the extent
that they are intended as plant nutrients, trace elements,
nutritional chemicals, plant inoculants, and soil amendments.
Any substance or mixture of substances defined or designated as
or determined to be a pesticide or a plant regulator pursuant to
F.E.P.C.A. or Arizona Statutes shall be a pesticide pursuant to
this ordinance.
B. Restricted Pesticide. Any pesticide designated as such by the
Committee upon a determination that it is or may be so toxic,
hazardous or otherwise detrimental to humans, or to their
environment, animals or crops, that particular provisions should
be made applicable to its production, processing, transportation,
handling, storage, applicatoon or other use, and disposal in
order to adequately protect the public health, safety and
welfare. Any pesticide defined or classified for restricted
use, or for both restricted use and general use, pursuant to or
classified for restricted use, or for both restricted use and
general use, pursuant to F.E.P.C.A or Arizona Statutes shall
be a restricted pesticide pursuant to this ordinance.
C. Pests. For all purposes of this ordinance, pests are all things
included within the definition of that term in F.E.P.C.A. and
Arizona Statutes.
D. Reservation. The Colorado River Indian Reservation as
established, existing and geographically defined under the laws
of the United States, encompassing all territory within its
exterior boundaries as now or hereafter prescribed or
ascertained, including fee patented lands, allotted lands,
townsites, roads, waters, and lands and rights of way owned,
used or claimed by any person. For purposes of any
restriction, regulation, requirement, control, or prohibition
of or upon the production, processing, transportation, handling,
storage, application or other use, or disposal of pesticides
pursuant to this ordinance and the pesticide control program,
references herein, and in the rules and regulations of the
Committee, to "within the Reservation" shall be deemed to
include the air space both over the surface of the Reservation
and in such proximity to it that any pesticide released in such
air space, whether or not intentionally, is deposited or
reasonably could be expected to drift or otherwise to be
deposited upon land, plants, buildings, animals or water upon
the surface of the earth within the exterior boundaries of the
Reservation.
E. F.E.P.C.A. The Federal Environmental Pesticide Control Act of
1972, Public Law 92-516, Section 2, 86 Stat. 975 et seq.,
7 U.S. Code Section 136 et seq., as amended and as it may be
amended time to time hereafter. Reference in this ordinance to
F.E.P.C.A. shall be deemed to be reference to F.E.P.C.A. as it
shall have been amended as of the time of application of the
reference.
F. Arizona Statutes. Articles 5, 6 and 6.1 of Chapter 2, Title 3
of Arizona Revised Statutes, as amended and as they may be
amended from time to time hereafter. Reference in this
ordinance to Arizona Statutes shall be limited to the stated
articles but it shall be deemed to be reference to them as
they shall have been amended as of the time of application of
the reference.
G. Committee. The Pesticide Control Committee created by this
ordinance.
H. Person. Any individual, partnership, association, corporation,
or any organized group of persons whether incorporated or not,
including a person acting in a fiduciary or representative
capacity, and further including any governmental agency.
Section 103. Pesticide Control Committee.
A. Establishment. There is hereby established a Pesticide Control
Committee to consist of three members of the Tribes, to be appointed by
Tribal Council for terms not to exceed two years. To provide for a
staggering of terms of Committee members, the first three Committee
members shall be appointed for two terms of two years and one term of
three years. Committee members shall serve at the pleasure of the
Tribal Council and may be removed by the Tribal Council at any time.
One of the members shall be designated as Chairman by the Tribal
Council. The expenses of the Committee, including staff, equipment,
and training, shall be pursuant to a budget to be approved by the
Tribal Council.
B. Functions. The Committee shall adopt and implement a
pesticide control program, and rules and regulations pursuant
thereto; and it shall enforce this ordinance, that program and those
rules and regulations to protect the health, safety and welfare of all
residents of the Reservation against adverse effects of the production,
processing, transportation, handling, storage, application and other
use, and disposal of pesticides within the Reservation. In recognition
by Tribal Council that technical and scientific aspects of pesticides,
and their production, processing, transportation, handling, storage,
application and use, and disposal are subject continuously to new
discoveries, modifications and requirements which cannot be adequately
provided for specifically by an ordinance, the Committee is authorized
and directed to utilize all reasonably available resources and services
to regularly monitor such developments, and by its rules and
regulations to adopt and impose such restrictions,
requirements, controls, and prohibitions upon production, processing,
transportation, handling, storage, application and other use, and
disposal of pesticides within the Reservation as, considering all
reasonably available and material data and information, appear
technically and scientifically reasonable for the protection of the
public health, safety and welfare.
C. Authority. The authority of the Committee shall include but it
shall not be limited necessarily to the following procedures and
undertakings, as may be necessary, reasonable or appropriate for the
protection of public health, safety and welfare, and to prevent harm to
desirable plants and animals, and the environment:
1. To designate restricted pesticides.
2. To restrict, regulate or prohibit the production, processing,
transportation, handling, storage, application and use, and disposal
of restricted pesticides within the Reservation.
3. To require, restrict, regulate or prohibit the use of designated
facilities, equipment, materials and methods for production, processing,
transportation, handling, storage, application and other use, or
disposal of restricted pesticides within the Reservation.
4. To enter in a lawful manner any public or private premises within
the Reservation to observe or inspect (i) any stores of any pesticides,
(ii) any apparatus, aircraft, vehicle, equipment, supplies, materials,
storage and handling areas and facilities, disposal sites and devices
which are used or intended for use for production, processing,
transportation, handling, storage, application and other use, and
disposal of restricted pesticides.
5. To define and designate geographical areas, times and
circumstances, where or when within the Reservation the production,
processing, transportation, handling, storage, application or other
use, and disposal of restricted pesticides shall be restricted,
regulated or prohibited.
6. To require, and to issue or approve, certifications, permits and
licenses for production, processing, sale, distribution,
transportation, storage application or other use, and disposal of
restricted pesticides within the Reservation.
7. To issue, promulgate and enforce rules, regulations, orders and
directives to implement this ordinance and the pesticide control
program. Such rules, regulations, orders and directives may include
adoption or incorporation of laws, rules, regulations, orders,
directives or other requirements prescribed pursuant to authority of
the United States of America or of any State with respect to
pesticides.
8. To impose or assess civil fines and penalties for violation of
this ordinance, and rules, regulations, orders, directives,
certificates, licenses and permits issued pursuant hereto, not to
exceed $150.00 for each violation.
9. To obtain advice and assistance of federal, state, county and
municipal government agencies, and private agencies, and persons with
technical expertise, in the adoption and implementation of a pesticide
control program; to coordinate activities and cooperate with such other
governmental agencies having similar or related responsibilities within
their respective jurisdictions; and to utilize the tribal courts to
enforce the pesticide control program, the provisions of this
ordinance, the rules and regulations adopted pursuant to this
ordinance, and orders and directives issued pursuant thereto. The
Committee may enter into agreements with such other governmental
agencies providing for uniformity, coordination and cooperation in
regulation and control of restricted pesticides.
10. To designate authorized representatives of the Committee and to
delegate to them authority to act on behalf of the Committee in the
conduct of inspections, observations, inquiries, and enforcement of
inspections, observations, inquiries, and enforcement of this
ordinance, the pesticide control program, rules and regulations adopted
by the Committee, and orders and directives issued by it; and such
representatives may include employees, agents and representatives of
federal, state, county and municipal government agencies.
All rules, regulations, orders and directives issued by the Committee
within the scope of its authority and responsibility hereunder, and
consistent with the stated purpose of Tribal Council and the criteria
set forth herein, shall have the force of law as if set forth in full
in this ordinance.
ARTICLE II. Application of Pesticides.
Section 201. Certificates, Permits and Licenses.
A. No person who is or would be required to have any certificate,
permit or license issued pursuant to F.E.P.C.A. or Arizona Statutes, or
issued pursuant to any administrative rules, regulations, orders or
directives issued pursuant thereto, to authorize that person to
produce, process, transport, distribute, handle, sell or offer to sell,
apply or otherwise use, or dispose of any pesticide or pesticides
within the State of Arizona, shall conduct such activity within the
Reservation without such certificate, license or permit.
B. In addition to the requirements of A. of this Section 201, no
person who would be a commercial applicator, private applicator, or
structural commercial applicator of pesticides within the definitions
and meanings of F.E.P.C.A. and Arizona Statutes shall apply or
otherwise use, or supervise the application or other usage, or any
restricted pesticide within the Reservation without a license then
currently in effect issued by the Committee. No such license shall be
issued by the Committee to any person who does not have each
certificate, license, and permit required by F.E.P.C.A. and Arizona
Statutes to authorize that person to conduct or supervise such
application or other usage within the State of Arizona. Revocation,
suspension, or expiration or other termination of any such federal or
state authorization (while such authorization continues to be required
for conduct of the specified activity pursuant to federal or state law,
rule, regulation, order or directive, as applicable) shall constitute
automatic cancellation of the license issued by the Committee.
1. Application for such license shall be in such form as is
prescribed by the Committee, to include such information and to
be accompanied by such supporting data and verification of
qualifications as may be required by the Committee.
2. Issuance of such a license shall be dependent upon the applicant
demonstrating to or otherwise satisfying the Committee, or its
designated representative, that the applicant (i) is competent
with respect to the application, use and handling of restricted
pesticides; (ii) is familiar with the nature and characteristics
of them, and the dangers inherent in them and which may
result from their application, use, and handling; (iii) is
knowledgeable about, and able and willing to take appropriate
precautions to protect the public health, safety and welfare;
(iv) has suitable equipment, in safe and proper operating
condition, for such application or other usage, with trained,
reliable and responsible operators, as appropriate; (v) has not
demonstrated lack of reasonable care and responsibility in prior
processing, transportation, handling, storage, application or
other usage, or disposal of pesticides within the Reservation or
elsewhere. The demonstration or other satisfaction of the
foregoing requirements may be by oral or written examination,
satisfactory completion of training courses, actual field
operation or demonstration, questionnaires, reports from other
agencies or persons, reliance upon federal and state
certifications and licenses, or any combination of all or any of
the foregoing; or such other appropriate means which may be
adopted by the Committee.
3. Any such license issued by the Committee may be made subject to
any reasonable qualifications, conditions, restrictions and
limitations deemed to be appropriate by the Committee.
4. Before issuing such a license, the Committee shall require proof
of financial responsibility consisting either of a deposit of
money, liability insurance, surety bond or certified check
protecting persons, and those claiming under them, who may
'suffer death, injury, illness, or property damage as a result
of the operations of the applicant. The Committee shall not
accept any bond or liability insurance except from companies
authorized to do business in either of the States of Arizona or
California. The amount of the deposit, insurance or bond,
unless a greater amount is specified by the Committee, shall be
$100,000.00 for property damage, personal death, injury or
illness, public liability and drift insurance, each separately,
and it shall be maintained in not less than that sum at all
times during the licensing period. Insurance shall be written
in a form acceptable to the Committee and it shall be evidenced
by certificates delivered to the Committee. Each policy by
appropriate endorsement or other provisions shall provide for
written notice to the Committee at least ten (10) days before
any cancellation or material change thereof. The license of
an applicator who permits the security to fall below the
required sum shall be suspended by the Committee and it shall
remain suspended until the security meets the minimum
financial requirements. The Committee may increase the amount
of required deposit, insurance, surety bond or other security
at any time upon fifteen (15) days notice to the holder of a
license.
5. A license may be issued by the Committee pursuant to B. of this
Section 201 for any period not to exceed one calendar year, or
the remaining portion of the year for which issued. It may be
renewed annually upon application to the Committee, and
satisfaction of all qualifications and prerequisites therefor.
6. There shall be a fee charged for the issuance and each annual
renewal of such a license, and an additional fee charge for
the reactivation of any such license which is suspended for
any reason. The Committee shall establish an applicable fee
schedule which it may revise from time to time. All such fees
shall be submitted through the Committee and payable to the
Colorado River Indian Tribes.
C. The Committee may require such other certificates, licenses and
permits as it deems appropriate from time to time as a condition to the
production, processing, transportation, distribution, sale or offer for
sale, handling, storage, application or other use, or disposal of
restricted pesticides within the Reservation. Such authorizations may
be based upon such criteria, qualification, and conditions as may be
prescribed by the Committee in fulfillment of its responsibility set
forth in Sections 101 and 103. It may charge annual fees for issuance
and renewals of such authorizations in accordance with a schedule of
fees to be established by the Committee, which fees shall be submitted
through the Committee and payable to the Colorado River Indian Tribes.
The schedule of fees may be revised by the Committee from time to time.
D. The Committee from time to time may alter, modify, enlarge or
increase the requirements, conditions, restrictions and limitations
imposed upon any person holding any certificate, license or permit
issued by the Committee, as such reasonably appears necessary or
desirable to the Committee to protect the public health, safety or
welfare.
E. In addition to all other remedies hereunder and at law, the
Committee may suspend or cancel any certificate, license or permit
issued by it upon a determination by it that the holder thereof has
violated or failed to comply with any applicable term, condition or
provision of the certificate, license or permit, this ordinance, any
rule, regulation, order or directive pursuant hereto, or F.E.P.C.A.
or Arizona Statutes, or rule, regulation, order, directive,
certificate, license, or permit issued pursuant thereto; or upon a
determination by the Committee that the holder is operating within the
Reservation or elsewhere in a faulty, careless or negligent manner, or
has made false, inaccurate or incomplete reports or representations
concerning pesticide operations or upon application for a certificate,
license or permit hereunder, or is operating with improper or unsafe
equipment or without adequate, competent and responsible personnel.
Such suspension or cancellation shall be upon written notice, and
opportunity for hearing before the Committee not less than five (5)
days after notice; unless the Committee determines that an emergency
situation exists, in which event there shall be immediate suspension
upon notice, to be followed by such a hearing within five (5) days.
Section 202. Records and Reports.
Each person who applies or otherwise uses restricted pesticides
pursuant to certificate, license or permit issued pursuant hereto shall
keep a record of each property treated and, upon request by the
Committee, shall furnish copies of said records to the Committee. Such
records shall be kept for a period of two years and they shall contain
the name and address of the owner and exact location of the property
treated; the crop treated; the pest or pests involved; the name, type,
and strength of pesticide used; the name and address of the person or
firm where the pesticide was purchased; the persons applying the
pesticide; the date, month, year, and time of day of application; the
direction and estimated velocity of the wind at the time of application
and a description of the principal equipment used therefor; the person
or persons who disposed of the pesticide containers, the type of
container, and the manner and location in which the containers were
disposed of.
ARTICLE III. General Provisions.
Section 301. Registration of Pesticides.
No person shall produce, process, distribute, sell, offer for sale,
hold for sale, deliver, ship, transport, receive and deliver or offer
to deliver, store, apply, or otherwise use any pesticide within the
Reservation unless that pesticide is properly and currently registered
pursuant to both the F.E.P.C.A. and Arizona Statutes; provided,
however, that if an unregistered pesticide is subject to an
experimental use permit issued pursuant to the F.E.P.C.A. and Arizona
Statutes, the Committee may authorize its experimental use by the
permittee within the Reservation in strict compliance with the terms of
the permit and such additional restrictions or requirements as may be
imposed by the Committee. Any other exemptions from registration of
pesticides pursuant to the F.E.P.C.A. or Arizona Statutes shall be
inapplicable within the Reservation.
Section 302. Usage Generally of Registered Pesticides.
Any person who produces, processes, distributes, sells or offers for
sale, transports, handles, stores, applies or otherwise uses, or
disposes of within the Reservation any pesticide registered as required
by Section 301 of this ordinance shall do so only in strict conformity
with the terms and provisions of the F.E.P.C.A. and Arizona Statutes,
and all rules, regulations, orders and directives issued pursuant
thereto, which are applicable to such registration, including those
applicable to its particular classification of registration pursuant to
the F.E.P.C.A.
Section 303. Prohibitions Generally.
No person shall produce, process, distribute, sell, offer for sale,
hold for sale, deliver, ship, transport, handle, store or apply or
otherwise use, or dispose of any pesticide within the Reservation if
any activity or the manner of its conduct under the circumstances would
be prohibited by F.E.P.C.A. or Arizona Statutes, or rules, regulations,
orders or directives issued pursuant thereto, if it occurred outside
the Reservation and within the State of Arizona.
Section 304. Violations and Penalties.
Any person who violates or fails to comply with any requirement,
provision or condition of this ordinance, any rule or regulations,
order or directive, certificate, license, or permit, or condition,
qualification, restriction, or limitation thereon, issued by the
Committee pursuant to its authority granted by this ordinance shall be
guilty of an offense, and shall be subject to a fine not to exceed Five
Hundred Dollars ($500.00), or imprisonment for a period not to exceed
six (6) months, or both.
Section 305. Judicial Proceeding.
If at any time it appears to the Committee that any person has
violated or failed to comply with the provisions of this ordinance, or
any of the rules, regulations, orders and directives of the Committee,
or certificate, license or permit issued by the Committee, or that such
person then is so violating or failing to comply therewith, then the
Committee, or its representative so authorized by it, may institute
proceedings in the tribal court for any appropriate remedies, whether
criminal or civil in nature, including injunctive relief, seizure and
forfeiture, and the posting of bonds or sureties to insure compliance.
The foregoing shall not be deemed to limit or restrict the Committee or
any other persons from taking other appropriate action, including
issuance of cease and desist orders, and giving notification to
representatives of federal, state, county or municipal government
agencies, if it appears any person has violated or failed to comply as
aforesaid; provided, however, the Committee and those acting on its
behalf shall not undertake in its name or that of the Colorado River
Indian Tribes any action in any court other than tribal court.
Section 306. Severability.
If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, its in invalidity does not
affect other provisions or applications of the ordinance which can be
given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable.
ORDINANCE NO. 31
The foregoing Ordinance was on February 28, 1978, duly approved by a
vote of 7 for and 0 against, by the Tribal Council of the Colorado
River Indian Tribes, pursuant to authority vested in it by Article VI,
Section 1 (v), of the Constitution and Bylaws of the Colorado River
Indian Tribes, ratified by the Tribes on March 1, 1975, and approved by
the Secretary of the Interior on May 29, 1975, pursuant to Section 16
of the Act of June 18, 1934, (48 Stat. 984). This Ordinance is
effective as of the date of its adoption.
COLORADO RIVER INDIAN TRIBAL COUNCIL
By
Franklin McCabe, Jr., Chairman
Edward Swick, Secretary
COLORADO RIVER INDIAN TRIBES
Colorado River Indian Reservation
Parker, Arizona
Regulations of the Pesticide Control Committee
Issued Pursuant to Ordinance No. 31
1. All pesticides shall be used in strict accordance with the
directions and warnings stated on the container label.
2. Each applicator shall keep informed of weather conditions
affecting pesticide application, and shall not use or apply pesticides
when adverse weather conditions or wind direction and velocity might
result in drift damage to persons or to property.
The wind direction during the time of the application of the
pesticide must be given as the direction from which the wind is coming.
3. All pesticides transported within the Reservation shall be hauled
in vehicles having a leak proof floor and an entirely enclosed cargo
space which shall be securely closed when in motion.
4. Any person having notice or knowledge of the theft, loss,
disappearance, spillage, or unintentional but mistaken misuse of
pesticides shall report such occurrence to the Committee as soon as
such fact is known.
5. Applicators shall use only pest control methods and materials
which are approved by the Pesticide Control Committee.
6. Pesticides and pesticide containers shall not be left unattended
at any time, except where they are being stored in a safe and secure
facility, and they shall be disposed of at the completion of the job.
7. No pesticide may be placed, repackaged or redistributed into any
container which was, or which resembles, beverage bottles, food
containers, or other containers which any person might mistakenly
believe or contain the original product.
8. Pesticides shall not be stored in any place above or in close
proximity to any human food or clothing, or any animal feed.
9. No empty pesticide containers shall be used for any other purpose
on the Reservation, except those, which as part of the sales contract,
are returnable to the seller, or those non-combustible containers which
have been decontaminated and reconditioned in accordance with
directions of the manufacturer of the pesticide.
10. Combustible containers may be disposed of by burning in an
incinerator operating at a temperature above 699 degrees F; except
herbicide and defoliant containers which, when burned, produce vapors
poisonous to humans and may damage local foliage. All containers not
disposed of by combustion shall be buried in accordance with Regulation
11.
11. All containers not disposed of by combustion as provided in
Regulation 10, when empty, shall be rendered incapable of any further
use and shall be buried 18 in. below ground, at a site as designated by
the Tribal Council where the underground water supply will not be
contaminated, and where there will be no resultant hazards to humans or
animals.
12. Areas contaminated by any spillage shall be isolated and
conspicuous warning sings posted, and only experienced personnel
wearing protective clothing and safety devices may enter the restricted
area. Signs shall be removed only when the area has been
decontaminated.
13. Areas contaminated by liquid pesticides shall be covered by clay,
earth fill, cinders, sand, sawdust, soda ash, or other suitable
absorbent material.
14. Abosrbents, residues, solids, granular or dust type pesticides
and other material resulting from any spillage shall be placed in
tight, non-combustible containers while being stored, or transported to
the disposal site.
15. Hygiene:
a. Persons engaged in using, handling, or applying open,
bulk-type pesticides shall wear protective clothing and devices as
necessary, or as recommended by the manufacturer's label.
b. The following practices are listed for the safety of pesticide
workers:
i. Clean clothes shall be worn daily. If there is unusual
pesticide spillage on clothing, a change shall be made immediately.
ii. Workers shall take a shower bath immediately after
completing pesticide operations, or if there is unusual spillage, a
shower bath should be taken immediately.
iii. Emergency bathing facilities shall be maintained in all
situations where any spillage may cause contamination of workers.
iv. All articles of clothing or devices shall be considered as
potential sources of contamination, e.g., shoes, belts, hats,
respirators, face pieces, gloves, rain suits, aprons.
v. No food, beverages, tobacco, eating utensils, or smoking
equipment shall be stored in the work area.
vi. No one shall be permitted to eat, drink, smoke, or use
tobacco in the work area.
vii. Protective type gloves shall be worn while handling
containers of restricted pesticides.
viii. Personnel shall be instructed not to put their hands
upon their faces, and particularly not near their mouth and eyes, while
working with pesticides.
ix. Personnel shall be instructed to wash their hands before
smoking, or use of the toilet; and to wash after loading, unloading, or
transferring a shipment of pesticides.
16. The following are restricted pesticides:
PARATHION
PARAQUAT
DALAPON
DINOSEB
DIAZINON
MALATHION
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