Chp 9.-The Endangered Species Act, The Healthy Schools Act, and Ground and Surface Water Protection

Question 1

The Federal Endangered Species Act of 1973

Answer 1

The act was implemented to provide protections for endangered and threatened plant and animal species as listed in the U.S. Fish and Wildlife Services.

Under this act, all federal agencies must ensure that any actions they authorize or carry out will not further jeopardize the continued existence of endangered or threatened species.

Question 2

US EPA Responsibilities

Q9.7

Answer 2

For each pesticide registered, the EPA must conduct a biological evaluation on the potential effects pesticides have on the listed species, their habitat, or prey. If adverse affects are found in any of the above categories the US EPA must consider reasonable and prudent alternatives.

Question 3

Endangered Species Protection Program (ESPP)

Answer 3

US EPA created this program to:

1. )Provide endangered species and habitat most protection from pesticide use and
2. )Decrease any adverse impact to pesticide users when implementing protections for endangered species from any potential adverse effects.

Question 4

California State Plan
(Q9.8)

DPR has a plan to protect state listed species from pesticide uses.

Through online database application, the “Pesticide Regulation Endangered Species Custom Real-time Internet Bulletin Engine (PRESCRIBE), can help users know if there are any endangered species, or species habitat in the vicinity of use, and limitations that apply. The project includes:

EPA follows a species approach to protection, prioritized according to the vulnerability of each endangered or threatened plant or animal.

Answer 4

1. )Mapping sites occupied by federally and state threatened endangered species.
2. )Evaluating risks from pesticides to species and their habitat.
3. )Classifying risks from pesticides registered in California.
4. )Developing protection strategies to minimize risks from pesticides.
5. )Updating and maintaining the PRESCRIBE database.
6. )Providing public outreach and applicator training on endangered species.

Coordination of endangered species protection strategies are shared among DPR. US Fish and Wildlife Service, The National Marine Fisheries Service, The California Department of Fish and Game, the California Department of Food and Agriculture, and the CAC.

Question 5

The Healthy Schools ACT
(Q9.3)

California’s Healthy Schools Act (HSA) established requirements designed to protect the health and safety of children and staff in certain public schools and child day care facilities. In addition to the general pesticide use requirements, all businesses performing pest control in these areas are prohibited from the HSA to use the following kinds of pesticides.

Answer 5

1. )With a conditional, interim, or cancelled registration,
2. )Used under an experimental use permit,
3. )With uses that are otherwise being phased out.

Question 6

Requirements for (HSA) Pest Control Businesses
(Q9.4)

In addition to the usual application requirements, the pest control business that is hired by a school or daycare, must comply with the HSA to meet the following requirements.

Answer 6

1. )Provide an application notification and post application warning signs.
2. )Keeping pesticide use records.
3. )Submitting an annual HSA use report to DPR.

Question 7

General Requirements for School and Child Care Facilities

Answer 7

Schooling Centers to work with HSA shall:

1. )Provide staff and parent notification of pesticides intended to be applied and for date of application.
2. )Assure that application warning signs are posted, and
3. ) Keep pesticides use record of any pesticides applied.

Question 8

DPR School Integrated Pest Management (IPM) Program

Answer 8

DPR promotes effective least toxic pest management practices at schooling centers through School IPM programs by providing IPM training and outreach to encourage the adoption of IPM.

Question 9

Ground Water Protection (Q9.1)

DPR’s ground water protection regulations are designed to prevent further ground water contamination and to keep existing contamination from worsening.

Ground water contamination, resulting from normal, registered use of pesticides, can cause unreasonable risks to human health and the environment.

Answer 9

Ground Water Protection area is a geographical area of approximately one square mile that is vulnerable to movement of pesticides to ground water. These are based upon

1. )Groundwater due to legal agricultural use.
2. )On soil types at depth to the ground water that are characteristic of areas where pesticide have been detected in groundwater.

There are two types of Ground Water Protection Areas

1. )Leaching-where pesticide residues move from the soil surface downward in soil with percolating water to ground water.
2. )Runoff-Where pesticide residues are carried in runoff water to more direct routes to ground water such as; dry or drainage wells, poorly sealed production well, soil crack, or other areas where leaching can occur.

*Most have been established in Sacramento and San Joaquin Valleys.

Question 10

Use Requirements and Restrictions

Answer 10

When a restricted material permit is required

1. )One must select a management practice option or use requirements specified in the regulations or approved by the Director
2. )The CAC must concur and designate the selected practice an enforceable condition on the permit.

These use requirements are designed to prevent the pesticides of concern from reaching ground water from leaching or runoff.

Question 11

Surface Water Protection
(Q9.5)

DPR’s surface water program addresses agricultural and non agricultural pesticide activities to reduce pesticide in surface waters. The program relies on.

Answer 11

1. )Stakeholders to promote management practices the reduce pesticide run-off
2. )DPRS registration process to evaluate potential adverse effects to surface water quality
3. )Implementing mitigation options designed to meet water quality goals.

Question 12

Dormant Insecticide Contamination Prevention
(Q9.6, Q9.2)

Insecticide application are commonly made on certain dormant vine and tree crops to combat overwintering arthropod pests and diseases. Since some of these applications typically coincide with the winter storm season, some dormant spray insecticides can cause problems when they or their residues wind up in nearby rivers and streams from runoff or drift. To mitigate these problems, property operator must follow these application methods.

Answer 12

1. )Limit applications of certain types of pesticides.
2. )Limit application to hydrologically-isolate sites, or
   - A hydrological isolated site in any treated area that does not produce runoff that may enter any irrigation or drainage ditch, canal, or other body of water. Any surface water is a sensitive aquatic site unless it resides exclusively on private property.
3. )Require any runoff to be held on site for a specified time before release into a sensitive body of water or other aquatic site, such as canals, streams, and rivers.

In addition, the property operator must follow the requirements that include

1. )Getting a written recommendation from a licensed PCA.
2. ) Providing a buffer zone around any sensitive aquatic site
3. )Following wind speed restriction

For aerial applications, it is possible so long as

1. )Soil conditions do not forbid field entry
2. )Approaching bloom conditions require an aerial applications.

Dormant spray applications are prohibited if the soil is already saturated, or field runoff is likely to occur if it rains and a storm is formatted to occur within 48 hours after a scheduled dormant spray application.