Section R3-3-304. Pesticide Management Areas; Criteria for Desig- nation

A.      The Associate Director shall annually publish a list of all loca- tions within the state that are designated as pesticide manage-

ment areas under A.R.S. § 3-366. The list is available at every Environmental Services Division office.

B.       The Director shall designate a location as a pesticide manage- ment area if all of the following evaluation criteria are met:

1.        The distance between the application site and the prop- erty boundary of any residence, school, child care facility, or health care institution is less than 1/4 mile;

2.        A pesticide is applied by aircraft;

3.        A pesticide complained about under subsection (B)(4) is highly toxic or odoriferous; and

4.        The Department receives complaints alleging pesticide misuse within a 12-month period from at least five or five percent, whichever is greater, of the residences located less than 1/4 mile from the application site or a complaint from any school, child care facility, or health care institu- tion located less than 1/4 mile from the application site.

C.      If, upon a written request from a person, or upon the Depart- ment’s initiative, the Director determines that a pesticide man- agement area no longer meets all of the criteria listed in subsection (B), the Director may remove the pesticide man- agement area from the Department’s annual list.

D.      A person may petition the Department at any time to add or delete an area to or from the list of pesticide management areas. The petitioner shall address all of the criteria listed in subsection (B). The Director shall make a decision on each petition no later than 90 days from the date the petition was submitted.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-304 (Supp. 91-4). Section repealed; new Section renumbered from R3-3-308 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).