468139, 5E-2.028 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 468139

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Environmental Services

Chapter:

PESTICIDES

Overview

RULE:

5E-2.028

Restrictions on Use and Sale of Aldicarb; Permit Requirements and Procedures; Department Approval; Records; Penalties

PURPOSE:

The purpose of the proposed rule amendment is to broaden the window of aldicarb application on citrus to alleviate time constraints on aldicarb applicators; add a requirement for intended application sites to be identified to the 1/4 of 1/4 section and drinking wells to be identified to the 1/4 of 1/4 section and with Global Positioning System (GPS) coordinates; clarify rule requirements regarding the 1,000-foot setback and required cased well documentation for exemption from the setback; abolish the 10-day waiting period for aldicarb application to start once a permit is approved to allow more flexibility for applicators; establish justification in rule for permit denials; correct website addresses that have changed; and update forms to match changes in the rule.

SUBJECT:

The proposed rule amendment changes the time period for application of aldicarb on citrus from January 1 – April 30 to November 15 – April 30; adds a requirement that intended aldicarb application sites must be identified to the ¼ of ¼ section and drinking wells must be identified to the ¼ of ¼ section and with GPS coordinates in decimal degrees; clarifies that the 1,000-foot setback requirement in citrus applies only if restricted (highly permeable) soils occur within 1,000 feet of any wells; specifies the information required on well construction documentation for exemption from the 1,000-foot setback; abolishes the 10-day waiting period after a permit application is filed before aldicarb application can begin; establishes justification for permit denials in areas where aldicarb or aldicarb residues have been detected in potable wells at concentrations exceeding water quality standards; and updates forms and website addresses.

RULEMAKING AUTHORITY:

570.07(23), 487.051 FS.

LAW:

487.051 FS.

PRINT PUBLISH DATE:

7/7/2006 Vol. 32/27

RELATED STATUTES
AND LAWS:

570.07(23), 487.051 FS., 487.051 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5E-2.028&PDate=7/7/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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