Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-22-6 - Enforcement Mechanisms6.1. The prevention of exceedance of health-based water quality standards will be accomplished through use of a two tiered management system (voluntary, followed by mandatory management practices and safeguards) which seeks to identify, prevent and reverse trends toward increasing concentrations of pesticides and fertilizers in groundwater.6.2. When valid monitoring data or generally accepted computer modeling techniques predict potential contamination by specific chemicals in specific areas or when monitoring shows an increasing trend, voluntary best management practices will be initiated accompanied by an educational effort. Monitoring of the groundwater in the area will increase.6.3. If despite voluntary measures, monitoring indicates that chemical concentrations continue to increase or contamination exceeding health based standards is documented, mandatory management practices and other regulatory restrictions will be enacted. These practices would then be included as pesticide and fertilizer regulations in the state and would be enforceable under FIFRA and/or state laws. Penalties for violation of pesticide label requirements or state restrictions include revocation of pesticide dealer licenses or pesticide applicator certification and civil penalties or criminal penalties, depending on the severity of the violation. (If the state statutes do not provide for adequate civil or criminal penalties, violations can be referred to the U.S. EPA for prosecution under FIFRA where applicable).6.4. If, after evaluation of it's effectiveness, the two tiered management system is unsuccessful in preventing standard-exceeding concentrations of pesticides and fertilizers, product registration may be suspended, canceled or restrictions imposed by areas of concern.6.5. Other regulations which protect groundwater from pesticides and fertilizers will include secondary containment regulations for pesticide and fertilizer storage and mixing, pesticide and container disposal regulations and wellhead protection programs.6.6. When water quality and health-based standards for pesticides and fertilizers are found to be exceeded by any agency, this information will be forwarded to the Department of Agriculture for a site investigation to determine if a product use pattern or best management practice is ineffective or if a misuse has occurred which may be subject to penalty. This information shall also be shared with other appropriate agencies for their evaluation or to see if other statutes may have been violated.