49-305. Groundwater protection list; regulation
of pesticides on list


A. The director shall establish a groundwater protection list of pesticides that
have the potential to pollute groundwater. The director shall immediately place all
pesticides identified in section 49-303, subsection C, paragraphs 2 and 3 on the
groundwater protection list and shall regulate the use of these pesticides if the
pesticide is intended for application to or injection into the soil by ground based
application equipment or by chemigation, or the label of the pesticide requires or
recommends that the application be followed within seventy-two hours by flood or furrow
irrigation. The director shall adopt rules to carry out this section.


B. On notice from the director, a person who uses a pesticide on the groundwater
protection list is required to report the use of the pesticide on a form prescribed by
the director. The reporting deadline shall conform to the deadline established by the
Arizona department of agriculture for reporting custom applications.


C. If a pesticide has not been detected in groundwater anywhere in this state in
tests conducted by a governmental agency or other reliable source, the director may
remove that pesticide from the groundwater protection list as provided in rule.