DANGEROUS PLANT PESTS AND DISEASES

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AGRICULTURE CODE

ARTICLE 1

DANGEROUS PLANT PESTS AND DISEASES

CHAPTER 1. GENERAL PROVISIONS

Section 1-101. Definitions.

CHAPTER 2. INFESTED AND INFECTED PLANTS; ABATEMENT .............

Section 1-201. Public Nuisance. ... 0.0.0.0... cece eee eens

Section 1-202. Restrictions on Importation. «2.0.0.2... 0.0. eee eee

Section 1-203. Quarantine; Notice... 0.2... eee

Section 1-204. Quarantine; Notice 2.0.0.0... ccc eee nee

Section 1-205. Abatement. .....0 00.0... eee eee teens

Section 1-206. Expense; Lien. .. 0... 0... 0c cee ce een eens

AGRICULTURE CODE

ARTICLE 14

DANGEROUS PLANT PESTS AND DISEASES

[NOTE: Except as otherwise noted, the provisions of Article 1 of the Agriculture Code were

enacted on August 12, 1983 by Ordinance No. 83-6.].

CHAPTER 1. GENERAL PROVISIONS

Section 1-101. Definitions.

In this Article, unless the context otherwise requires:

(1) "Committee" means the Colorado River Indian Tribes Pesticide Control

Committee.

(2) "Crop diseases" includes all fungus, bacteria, virus or other organism of any

kind and any unknown cause which is or may be found to be injurious, or likely to be or to

become injurious to any domesticated or cultivated plant, or to the product of any such

plant.

(3) "Crop pests" includes all noxious weeds, insects, mites, spiders, nematodes

and other animal or plant organisms found injurious to any domesticated, cultivated, native

or wild plant, or to the product of any such plant.

(4)"Environmental Protection Officer” means the Environmental Protection Officer

of the Colorado River indian Tribes.

(5) "Noxious weed" means any species of plant which is, or is liable to be,

detrimental or destructive and difficult to control or eradicate and shail include any species

that the committee, after investigation and hearing, shall determine to be a noxious weed.

(6) "Nursery stock" includes all trees, shrubs, vines, cacti, agaves, succulents,

herbaceous plants whether annuals, biennials or perennials, bulbs, corms, rizomes, roots,

decorative plant material, flowers, fruit pits or seeds, cuttings, buds, grafts, scions and other

plants intended for sale, gift or propagation, either cultivated or collected in wild.

(7) "Plant" includes every kind of vegetation, wild or domesticated, and any part

thereof, as well as seed, fruit or other natural product of such vegetation.

(8) "Reservation" means all territory within the exterior boundaries of the

Colorado River Indian Reservation.

a

AGRICULTURE CODE

(9) "Shipment" includes anything brought into the Reservation or transported

within the Reservation which may be the host or may contain or carry or may be

susceptible of containing, carrying or having preseni on, in, or about it any plant pest or

plant disease.

Section 1-102. Notice.

Except where otherwise provided elsewhere in this Article, any notice or order

required to be served upon a person shall be in writing and shall be effective when

personally delivered to the person to be served, or five (5) days after mailing by certified

mail to the last known business address of the person to be served.

Section 1-103. Rules and Regulations.

The Colorado River Indian Tribes Pestcide Committee is authorized to issue such

rules and regulations as are deemed necessary to carry out the provisions of this Article.

Such rules and regulations shall include, but not be limited to, establishment of standards

and/or restrictions on the importation, transportation, cultivation or sale of plants and any

part thereof.

‘Added June 8, 1984, Ord. No. 84-5, § 7.]

CHAPTER 2. INFESTED AND INFECTED PLANTS; ABATEMENT

Section 1-201. Public Nuisance.

Ail plants, soil or other things found infested or infected with a crop pest or disease,

or which are the host or carrier or means of disseminating or propagating a crop pest or

disease, are hereby declared to be a public nuisance.

Section 1-202. Restrictions on Importation.

Any plant or other thing may be excluded from or denied entry into the Reservation

whenever in the opinion of the Committee such exclusion or denial of entry is necessary

to prevent the introduction or spread of a crop disease or pest.

[Added June 8, 1984, Ord. No. 84-5, § 4.]

Section 1-203. Quarantine; Notice.

(A) Whenever a plant or other thing is found infested or infected by, or to contain

or harbor, a crop pest or disease, the Environmental Protection Officer shall order

quarantined the premises within which such plant or thing is found.

(B) The Environmental Protection Officer shall immediately cause to be posted upon

the quarantined premises a written notice of quarantine. Such notice shail state that the

premises are held under quarantine by order of the

DANGEROUS PLANT PESTS AND DISEASES

Environmental Protection Officer, and that all persons are forbidden to remove or otherwise

disturb any plant or thing within the quarantined premises, pending further action by the

Environmenial Protection Officer.

(C) As soon thereafter as is practicable, the Environmental Protection Officer shall

cause a notice of quarantine to be served upon the owner or person in charge or in

possession of the premises subject to quarantine.

Section 1-204. Quarantine; Notice.

(A) | Whenever a plant or other thing is found infested or infected by, or to contain

or harbor, a crop pest or disease, the Environmental Protection Officer shall order

quarantined the premises within which such plant or thing is found.

(B) The Environmental Protection Officer shall immediately cause to be posted

upon the quarantined premises a written notice of quarantine. Such notice shall state that

the premises are held under quarantine by order of the Environmental Protection Officer,

and that all persons'are forbidden to remove or otherwise disturb any plant or thing within

the quarantined premises, pending further action by the Environmental Protection Officer.

(C) As soon thereafter as is practicable, the Environmental Protection Officer

shall cause a notice of quarantine to be served upon the owner or person in charge or in

possession of the premises subject to quarantine.

[As amended June 8, 1984, Ord. No. 84-5, § 2.]

Section 1-205. Abatement.

(A) If the Environmental Protection Officer finds that the danger to the Reservation

agricultural industry is not imminent should the nuisance subject to quarantine pursuant to

Section 1-202 not be speedily abated, or that the nuisance may not’ practically be

summarily abated, the Environmental Protection Officer shall cause to be served upon the

owner or person in charge or in possession of the quarantined premises a‘ written order

setting forth the measures required to be taken by the owner or person to control, suppress

or eradicate the nuisance, and specifying the time period within which the required

measures must be taken. The time period specified shall not be less than five (5) days

after the order is served, or that amount of time necessary to comply with the order,

whichever is greater.

(B) Should the owner or person in charge or in possession of the quarantined

premises fail to take the measures required by the order within the time specified, the

Environmental Protection Officer may proceed to take the measures as required in the

order.

(C) The Environmental Protection Officer shall use all reasonable diligence to

personally serve the abatement order, but it shall not be necessary

AGRICULTURE CODE

that service have been effected for the Environmental Protection Officer to summarily abate

the nuisance.

As Amended June 8, 1984, Ord No. 84-5, § 2.]

Section 1-206. Expense; Lien.

(A) The Tribes shall have a first claim and lien upon any crops growing on or any

interest in the land upon which a nuisance has been summarily abated pursuant to Section

1-205(B) for the payment of expenses incurred thereby.

(B) Within five (5) days after a nuisance is summarily abated or required measures

have been taken by the Environmental Protection Officer, he shall cause to be served upon

the owner or person in charge or in possession of the crops or land subject to a lien a

notice that such property is subject to a lien pursuant to this Section, and that unless the

amount thereof is paid to the Tribes within thirty (30) days after the date of service of the

notice, the lien will be foreclosed and the interest in the crops or land will be sold at a public

sale, and the proceeds, or so much thereof as may be necessary, applied to satisfy the lien

and the costs of sale.

(C) Within twenty (20) days after a nuisance is summarily abated or. required

measures have been taken by the Environmental Protection Officer, he shall cause to be

prepared and filed in the office of the County within whose administrative boundaries the

property subject to a lien is situated, and with the Colorado River Agency of the-Bureau of

Indian Affairs, a notice of the lien, setting forth the amount thereof, the name of the owner

or person in charge or in possession, and stating the time within which the amount of the

lien must be paid and that if it is not paid within such time the property will be subjected to

payment thereof.

(D) Ifthe amount of the lien is not paid within the time period prescribed, the Tribal

Attorney, upon the written request of the Environmental Protection Officer, may foreclose

the lien against the property subject thereto.

[As Amended June 8, 1984, Ord. No. 84-5, § 3.]

000

CHAPTER 1.

Section 2-101.

Section 2-102.

Section 2-103.

Section 2-104.

Section 2-105.

Section 2-106.

CHAPTER 2.

Section 2-201.

Section 2-202.

Section 2-203.

Section 2-204.

Section 2-205.

Section 2-206.

CHAPTER 3.

CHAPTER 4.

Section 2-401.

Section 2-402. Acreage Calculation.

Section 2-403.

Section 2-404. Segregation of Funds.

CHAPTER 5. COMPLIANCE .

Section 2-501.

AGRICULTURE CODE

ARTICLE 2

PINK BOLLWORM

GENERAL PROVISIONS

Purpose. ....

Findings. ....

Scope.......

PROGRAM REQUIREMENTS

Participation and Notice. 2.6... eee ee

Program Applications. .. 0.0.0.0... ccc eee

Data Collection

Access. .....

Activities In Variance From Program. .............000005

Applicators. ..

PROGRAM ORGANIZATION

Section 2-301. Pesticide Control Committee.

Section 2-302. Advisory Committee. 0.0... ee cee eee

ASSESSMENT .

Assessment.

Payment.

Lien.

Section 2-502. Summary Abatement. ........ 0... 00 ccc eee ee

Section 2-503. Enforcement, Penalties. ........... 0.020. e eee eee

Section 2-504. Other Pest Control Laws. ........... 02.0 cece eee eee

AGRICULTURE CODE

ARTICLE 2

PINK BOLLWORM

[NOTE: Except as otherwise noted, the provisions of Article 2 of the Agriculture Code were enacted

on January 12, 1990 by Ordinance No. 90-1.]

CHAPTER 1. GENERAL PROVISIONS

Section 2-101. Purpose.

Treatment and control of the pink bollworm is herein regulated to reduce pink bollworm

populations to a level that can be managed by pheromones alone, to reduce the amount of

pesticides applied to lands on the Reservation, and to reduce the long-term costs of pest conirol

on the Reservation.

Section 2-102. Eindings.

(a) The pink bollworm is crop pest as that term is defined in Article 1 of the Agriculture Code

of the Colorado River Indian Tribes.

(b) Pheromones, being naturally occurring substances, have less adverse impacts on the

natural and human environment than pesticides.

(c) Development of agriculture pest control programs such as the pink bollworm program,

which will reduce agriculture pest populations, have neutral or minimal environmental impacts, and

reduce the costs associated with agriculture on the Reservation, are in the best long term interests

of the Colorado River Indian Tribes and its lands.

Section 2-103. Scope.

All persons who plant, cultivate, grow or in any manner produce any cotton on the

Reservation shall be subject to and comply with the provisions of this Article.

Section 2-104. Definitions.

(1) "Committee" shall mean the Pesticide Control Committee of the Colorado River

Indian Tribes.

(2) "Advisory Committee" shall mean the committee established pursuant to Section 2-

302 herein.

(3) “Environmental Protection Officer’ shall mean an Environmental Protection Officer

of the Colorado River indian Tribes.

(4) "Field" shall mean a part of a farm which is separated from the balance of the farm

by permanent boundaries such as fences, permanent waterways, woodlands, and croplines in

cases where farming practices make it probable that such cropline is not subject to change or other

similar features.

(5) “Reservation” shall mean all territory within the exterior boundaries of the Colorado

River Indian Reservation.

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(6) "Person" shall mean an individual, partnership, association, corporation, cooperative,

estate, trust, joint venture, joint operation, or other legal entity and shall include the Colorado River

Indian Tribes farming enterprises.

(7) "Pink Bollworm Program" shall mean a program to control or suppress the pink

bollworm on cotton located on the Reservation.

(8) "Producer" shall mean a person who as owner, landlord, tenant, or sharecropper

shares in the risk of producing the crop or would have shared had the crops been produced.

Section 2-105. Notice.

Except where otherwise provided in this Article, any notice or order required to be served

upon a person shail be in writing and shall be effective when personal delivery to the person to be

served, or five (5) days after mailing by certified mail to the last known business address of the

person to be served.

Section 2-106. Rules and Regulations.

The Colorado River Indian Tribes Pesticide Control Committee is authorized to issue such

rules and regulations as are deemed necessary to carry out the provisions of this Article.

CHAPTER 2. PROGRAM REQUIREMENTS

Section 2-201. Participation and Notice.

(a) Any producer who produces or causes to be produced any cotton on the Reservation

shall participate in the pink bollworm program.

(b) Any producer who anticipates planting any field on the Reservation to cotton shall

notify the Environmental Protection Officer, or his designated representative, by March 1. Such

notice shail include a description of the number of acres anticipated to be cultivated to cotton.

Failure to provide such notice may result in the producer being barred from growing cotton during

the crop year, or required to bear a proportionate share of the increased costs, in the event the pink

bollworm program is unable to handle any increase in acreage planted to cotton which was not

reported.

Section 2-202. Program Applications.

(a) Treatments. Each producer shall, at a minimum, allow:

(i) one treatment of pheromone and compatible insecticide at early pin square

on each of its fields;

(ii) two treatments with a pheromone only scheduled by program personnel

based on the first application of pheromone and compatible insecticide; and

(iii) a fourth treatment of pheromone and compatible insecticide scheduled by program

personnel based on the timing of previous applications.

If a producer believes additional treatrments are necessary to control pink boliworm in its fields, the

producer may request such additional treatments from program personnel. The decision of

program personnel concerning such additional treatments shall be final. In the event program

personnel decide not to make such additional treatments, the producer shall be allowed to take

whatever measures it deems appropriate after notification as provided in section 2-205.

(b) Additional measures. Producers shall allow such additional control measures as

may be necessary in the discretion of program pérsonnel.

Section 2-203. Data Collection.

(a) Traps. Each producer shall allow the placing of a minimum of two (2) traps per field

or each forty acres, whichever is smaller. Program personnel shall attempt to locate traps in a

manner which does not impair normal farm operations, provided, however, that the decision of

program personnel on the location of traps shall be final.

(b) Bolls. Each producer shall allow the taking of bolls for program assessment and

diapause assessment purposes. The bolls to be collected for assessment shall be randomly

selected from at least forty-five (45) fields between the period of first bolls through October 1 of

each year.

(c) 1080's. Each producer shall file filé with the Environmental Protection Office a copy of

all 1080's pertaining to its lands which are subject to this program. Such documents shall be filed

no later than September 30.

(d) Central Repository. All data collected during the program shall be held in a central

repository to be conveniently located and accessible to the producers.

AGRICULTURE CODE

Section 2-204. Access.

Each producer shall allow program personnel the non-exclusive right for continuous ingress

and egress by motor vehicles (including trucks) and on foot over the lands of producer to those

locations necessary for the monitoring of traps, collection of data, application of pheromones,

application of insecticides, and other activities necessary to the pink bollworm program. Such

ingress and egress shall be by the least damaging route from existing roadways, irrigation roads

or on-farm roads. Program personnel shall use all reasonable efforts to prevent damage to the land

of a producer.

Section 2-205. Activities In Variance From Program.

In the event a producer determines measures in addition to those measures taken by the

pink bollworm program are required to control pink bollworm populations in its fields, the producer

shall provide notice to the Environmental Protection Officer, or his designated representative,

twenty-four (24) hours in advance of taking such additional measures.

Section 2-206. Applicators.

Each producer shall be allowed to select-any treatment applicator approved by the pink

bollworm program for making applications on the producer's fields, provided, that in the event the

selection of the treatment applicator creates a conflict with the orderly application of treatments to

the land covered by the program, program personnel, in their sole discretion, shall make the

decision on treatment applicator.

CHAPTER 3. PROGRAM ORGANIZATION

Section 2-301. Pesticide Control! Committee.

The Committee shall be responsible for monitoring the progress and success of the pink

bollworm program. The Committee shall report quarterly to the Tribal Council on the progress and

success of the pink bollworm program. The Committee shall make recommendations to the Tribal

Council for extension, cessation or modification of the pink bollworm program.

Section 2-302. Advisory Committee.

There shall bé'established an Advisory Committee to provide input into the development,

implementation and operation of the pink bollworm program. The Advisory Committee shall consist

of seven (7) Reservation cotton growers, to be selected by the growers, three (3) Reservation

agriculture vendors, and one representative from the Extension Service. The Advisory Committee

shall present its suggestions, comments and recommendations to the Committee for action by the

Tribal Council.

CHAPTER 4, ASSESSMENT

Section 2-401. Assessment.

There shall be assessed against each producer each crop year a fee per acre, in the

amount to be set by the Pesticide Control Committee upon the recormmendation of the Advisory

Committee, for all acres in cotton production for each crop year for which the program is

implemented. Fifty percent (50%) of the assessment for each producer shall be due on or before

April 15th and the remaining fifty percent (60%) shall be due on or before June 15th. Any

assessment unpaid after the due date shall bear interest at eighteen percent (18%) per annum from

the date it becomes due until paid, but this provision shall not be construed to relieve the producer

from its obligation to pay each assessment at the time and in the manner specified.

As Amended September 12, 1992, Ord. No. 92-4.]

Section 2-402. Acreage Calculation.

For purposes of calculating the assessment for each person pursuant to paragraph (a)

above, the acres in cotton production shall be calculated by the same method utilized by the

Agriculture Stabilization and Conservation Service for purposes of measuring crop acreage.

Section 2-403. Payment.

Assessments shall be paid to the order of "Colorado River Indian Tribes” and shail be

delivered to the Environmental Protection Officer without prior notice or demand.

Section 2-404. Segregation of Funds.

All funds collected pursuant to this Article shall be segregated and set aside for use only for

the purposes of this Article. Any surplus funds remaining after completion of all program activities

for the crop year shall be (1) returned to each producer ratably based on its contribution to the

program, or (2) utilized to defray program costs in any subsequent year.

CHAPTER 5. COMPLIANCE

Section 2-501. Lien.

(a) The Tribe shall have a first claim and lien upon any crops growing on or any interest

in the land upon which a cotton crop is produced for payment of the assessment herein provided.

(b) Within five (5) days after failure to pay the required assessment, the Environmental

Protection Officer shall cause to be served upon the owner or person in charge of or in possession

of the crops or land subject to a lien, a notice that such property is subject to a lien pursuant to this

Article, and that unless the amount thereof is paid to the. Tribe within thirty (30) days after the date

of service of the notice, the lien will be foreclosed and the interest in the crops or land will be sold

at a public sale, and the proceeds, or so much thereof as may be necessary, applied to satisfy the

lien and the costs of sale.

(c) Within twenty (20) days after failure to pay the required assessment, the

Environmental Protection Officer shall cause to be prepared and filed in the office of

AGRICULTURE CODE

the County within whose administrative boundaries the property subject to a lien is situated, with

each cotton gin with fifty (50) miles of the Reservation and with the Colorado River Agency of the

Bureau of Indian Affairs, a notice of the lien, setting forth the amount thereof, the name of the owner

or person in charge or in possession, and stating the time within which the amount of the lien must

be paid and that if it is not paid within such time the property will be subjected to payment thereof.

(d) If the amount of the lien is not paid within the time period prescribed, the Tribal

Attorney, upon the written request.of the Environmental Protection Officer, may foreclose the lien

against the property subject thereto,

Section 2-502. Summary Abatement.

(a) if the Environmental Protection Officer finds that a danger to the Reservation

agricultural industry is iraminent should a producer fail to comply with any requirement of this

Article, and that the noncompliance may be summarily abated, the Environmental Protection Officer

shall by written order direct the owner or

person in charge or in possession of the premises to comply in the manner and within the time

period specified within the order.

(b) Should the producer or person in charge or in possession of the subject premises

fail for any reason to comply within the period and in the manner specified in the order issued

pursuant fo subparagraph (a), the Environmental Protection Officer shall take the action specified

in the written order.

(c) The Environmental! Protection Officer shall use all reasonable diligence to personally

serve the compliance order, but it shall not be necessary that service have been effected for the

Environmental Protection Officer to take the action specified in the written order.

Section 2-503. Enforcement, Penalties.

(a) if at any time any person has violated or failed to comply with the provisions of this

Article, or any of the rules, regulations, orders or directives issued pursuant to this Article, then the

Environmental Protection Officer is authorized to have legal proceedings instituted in Tribal Court

for any appropriate remedies, including declaratory or injunctive relief, seizure and forfeiture, and

the posting of bonds or sureties to insure compliance.

(b) Any person who violates or fails to comply with any requirement, provision or

condition of this Article shall be subject to a fine not to exceed Two Hundred and Fifty Dollars

($250) per occurrence. Each day that a violation exists shall be considered a separate occurrence.

Section 2-504. Other Pest Control Laws.

Nothing in this Article shall operate to relieve any producer from compliance with any other

laws, ordinances, rules and regulations applicable to producer or its lands.

000

AGRICULTURE CODE

ARTICLE 3

PESTICIDE CONTROL

CHAPTER I, PURPOSE; DEFINITIONS; PESTICIDE CONTROL COMMITTEE. ......... 00 ess aeee

Section 3-101. Purpose. 2... ee ee eee ee eet eee

Section 3-102. Definition of Terms. 6... cc ee eee eee ee teens

Section 3-103. Pesticide Control Committee. 2.0.2... 6.2 eee eee eee beeen eee

CHAPTER 2. APPLICATION OF PESTICIDES. 00... ccc cee eee eee eee eee eee

Section 3-201. Certificates, Permits and Licenses. 66... cee eee eee ee eee

Section 3-202. Records and Reports... 2... tee eee eee

CHAPTER 3. GENERAL PROVISIONS, 0.0... 00 eee ee eee ee eee ee ere e ees

Section 3-301. Registration of Pesticides. ©... . ccc ee eee ee neces

Section 3-302. Usage Generally of Registered Pesticides. .......---- ese a eee eaae

Section 3-303. Prohibitions Generally. 2... eee eee eee

Section 3-304. Violations and Penalties, 2... 0. cc ete erent eres

Section 3-305. Judicial Proceeding. 2... ce ete eee eee

Section 3-306. Severability. 06... eee tee ene

AGRICULTURE CODE

ARTICLE 3

PESTICIDE CONTROL

[NOTE: Except as otherwise noted, the provisions of Article 3 of the Agriculture Code were enacted on

February 28, 1978 by Ordinance No. 34 and amended on March 13, 1984 by Ordinance No. 31A. The

provisions of Ordinance No. 31 as amended were redesignated and renumbered and were codified to

Article 3 of the Agriculture Code on January 11, 1992 by Section 9 of Ordinance No. 92-2.]

CHAPTER I. PURPOSE; DEFINITIONS; PESTICIDE CONTROL COMMITTEE.

Section 3-101. Purpose.

The Tribal Council finds and declares as follows:

A. The economic welfare of the Colorado River Indian Tribes, their members, and others residing

or working within the Reservation is dependent upon agricultural use and development of lands within the

Reservation;

B. Maximum benefit from such use and development requires extensive application of various

pesticides within the Reservation; ”

C. Use of pesticides may be required periodically for maintenance of healthful conditions within

the Reservation; and

D. Pesticides also may jeopardize the public health, safety and welfare. Therefore, it is the intent

of the Tribal Council to provide for the safe production, processing, transportation, handling, storage,

application and other use, and disposal of pesticides within the Reservation by the enactment of this

ordinance; by the creation of the Pesticide Control Committee; and by the authorization hereby delegated

to the Committee to adopt a pesticide contro! program and rules and regulations, and to enforce this

ordinance, that program and those rules and regulations.

Section 3-102. Definition of Terms.

As used in this ordinance, or when used for purposes of application of this ordinance, the terms

set forth below shall have the following meanings, respectively:

A. Pesticide. Any substance or mixture of substances intended to be used for (i) preventing,

destroying, repelling, or mitigating any pest, or (ii) defoliating or desiccating any plants, or (iil)

accelerating or retarding the rate of growth or rate of maturation, or otherwise altering the behavior of

plants or the produce thereof, but not to include substances to the extent that they are intended as plant

nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Any substance

of mixture of substances defined or designated as or determined to be a pesticide or a plant regulator

pursuant to F.E.P.C.A. or Arizona Statutes shall be a pesticide pursuant to this ordinance.

B. Restricted Pesticide. Any pesticide designated as such by the Committee upon a determination

that it is or may be so toxic, hazardous or otherwise detrimental to humans, or to their environment,

animals or crops, that particular provisions should be made applicable to its production, processing,

transportation, handling, storage, application or other use, and disposal in order to adequately protect

the public health, safety and welfare. Any pesticide defined or classified for restricted use, or for both

AGRICULTURE CODE

restricted use and general use, pursuant to F.£.P.C.A, or Arizona Statutes shall be a restricted

pesticide pursuant to this ordinance.

C. Pests. For all purposes of this ordinance, pests are all things included within the

definition of that term in F.E.P.C.A. and Arizona Statutes.

D. Reservation. The Colorado River Indian Reservation as established, existing and

geographically defined under the laws of the United States, encompassing all territory within its

exterior boundaries as now or hereafter prescribed or ascertained, including fee patented lands,

allotted lands, townsites, roads, waters, and lands and rights of way owned, used or claimed by

any person. For purposes of any restriction, regulation, requirement, control, or prohibition of or

upon the production, processing, transportation, handling, storage, application or other use, or

disposal of pesticides pursuant to this ordinance and the pesticide control program, references

herein, and in the rules and regulations of the Committee, to "within the Reservation” shall be

deemed to include the air space both over the surface of the Reservation and in such proximity to

it that any pesticide released in such air space, whether or not intentionally, is deposited or

reasonably could be expected to drift or otherwise to be deposited upon land, plants, buildings,

animals or water upon the surface of the earth within the exterior boundaries of the Reservation.

E. F.E.P.C.A. The Federal Environmental Pesticide Control Act of 1972, P.L. 92-516,

Section 2, 86 Stat. 975 et seq., 7 U.S. Code Section 136 et seq., as amended and as it may be

amended from time-to-time hereafter. Reference in this ordinance to F.£.P.C.A. shall be deemed

to be reference to F.E.P.C.A. as it shall have been amended as of the time of application of the

reference.

F.. Arizona Statutes. Articles 5, 6, and 6.1 of Chapter 2, Title 3 of Arizona Revised

Statutes, as amended and as they may be amended from time- to-time hereafter. Reference in

this ordinance.to Arizona Statutes shall be limited to the stated articles but it shall be deemed to

be reference to them as they shall have been amended as of the time of application of the

reference,

G. Committee. The Pesticide Control Committee created by this ordinance.

H. Person. Any individual, partnership, association, corporation, or any organized group

of persons whether incorporated or not, including a person acting in a fiduciary or representative

capacity, and further including any governmental agency.

Section 3-103. Pesticide Control Committee.

A, Establishment. There is hereby established a Pesticide Control Committee to consist

of three members of the Tribes, to be appointed by the Tribal Council for a term of one year each;

provided, that members may be reappointed for successive terms at the discretion of the Tribai

Council. Committee members shall serve at the pleasure of the Tribal Council.and may be

removed by the Tribal Council at any time, with or without cause. One of the Committee members

shall be a member of the Tribal Council, who shall act as Chairman of the Committee. The expense

of the Committee, including staff, equipment, and training, shall be pursuant to a budget to be

approved by the Tribal Council.

[As Amended March 13, 1982, Ord. No. 31A.]

B. Functions. The Committee shall adopt and implement a pesticide control program, and

rules and regulations pursuant thereto; and it shall enforce this ordinance,

2

PESTICIDE CONTROL

that program and those rules and regulations to protect the health, safety and welfare of all

residents of the Reservation against adverse effects of the production, processing, transportation,

handling, storage, application and other use, and disposal of pesticides within the Reservation. In

recognition by Tribal Council that technical and scientific aspects of pesticides, and their production,

processing, transportation, handling, storage, application and use, and disposal are subject

continuously to new discoveries, modifications and requirements which cannot be adequately

provided for specifically by an ordinance, the Committee is authorized and directed to utilize all

reasonably available resources and services to regularly monitor such developments, and by its

rules and regulations to adopt and impose such restrictions, requirements, controls, and

prohibitions upon production, processing, transportation, handling, storage, application and other

use, and disposal of pesticides within the Reservation as, considering all reasonably available and

material data and information, appear technically and scientifically reasonable for the protection

of the public health, safety and welfare.

C. Authority. The authority of the Committee shall include but it shall not be limited

necessarily to the following procedures and undertakings, as may be necessary, reasonable or

appropriate for the protection of public health, safety and welfare, and to prevent harm to

desirable plants and animals, and the environment: .

1. To designate restricted pesticides.

2. To restrict, regulate or prohibit the production, processing, transportation,

handling, storage, application and use, and disposal of restricted pesticides

within the Reservation.

3. To require, restrict, regulate or prohibit the use of designated facilities,

equipment, material and methods for production, processing, transportation,

handling, storage, application and other use, or disposal of restricted

pesticides within the Reservation.

4. To enter in a lawful manner any public or private. premises within the

Reservation to observe or inspect (i) any stores of any. pesticides, (ii) any

apparatus, aircraft, vehicle, equipment, supplies, materials, storage and

handling areas and facilities, disposal sites and devices which are used or

intended for use for production, processing, transportation, handling, storage,

application and other use, and disposal. of restricted pesticides.

5. To define and designate geographical areas, and times and circumstances,

where or when within the Reservation the production, processing,

transportation, handling, storage, application or other use, and disposal of

restricted pesticides shall be restricted, regulated or prohibited.

6. To require, and to issue or approve, certifications, permits and licenses for

production, processing, sale, distribution, transportation, storage, application

or other use, and disposal of restricted pesticides within the Reservation.

7. Toissue, promulgate and enforce rules, regulations, orders and directives to

implement this ordinance and the pesticide control program. Such rules,

regulations, orders and directives may include adoption or incorporation of

laws, rules, regulations, orders, directives or other requirements prescribed

AGRICULTURE CODE

pursuant to authority of the United States of America or of any State with

respect to pesticides.

8. To impose or assess civil fines and penalties for violation of this ordinance,

and rules, regulations, orders, directives, certificates, licenses and permits

issued pursuant hereto, not to exceed One Hundred Fifty Dollars ($150.00)

for each violation.

9, To obtain advice and assistance of federal, state, county and municipal

government agencies, and private agencies, and persons with technical

expertise, in the adoption and implementation of a pesticide control

program; to coordinate activities and cooperate with such other

governmental agencies having similar or related responsibilities within their

respective jurisdictions; and to utilize the tribal courts to enforce the

pesticide control program, the provisions of this ordinance, the rules and

regulations adopted pursuant to this ordinance, and orders and directives

issued pursuant thereto. The Committee may enter into agreements with

such other governmental agencies providing for uniformity, coordination

and cooperation in regulation and control of restricted pesticides.

10. To designate authorized representatives of the Committee and to delegate

to them authority to act on behalf of the Committee in the conduct of

inspections, observations, inquiries, and enforcement of inspections,

observations, inquiries, and enforcement of this ordinance, the pesticide

control program, rules and regulations adopted by the Committee, and

orders and directives issued by it; and such representatives may include

employees, agents and representatives of federal, state, county and

municipal government agencies.

All rules, regulations, orders and directives issued by the Committee within the scope

of its authority and responsibility hereunder, and consistent with the stated purpose of Tribal

Council and the criteria set forth herein, shall have the force of law as if set forth in full in this

ordinance. .

CHAPTER 2. APPLICATION OF PESTICIDES.

Section 3-201. Certificates, Permits and Licenses.

A. No person who is or would be required to have any certificate, permit or license

issued pursuant to F.E.P.C.A. or Arizona Statutes, or issued pursuant to any administrative

rules, regulations, orders or directives issued pursuant thereto, to authorize that person to

produce, process, transport, distribute, handle, sell or offer to sell, apply or otherwise use, or

dispose of any pesticide or pesticides within the State of Arizona, shail conduct such activity

within the Reservation without such certificate, license or permit.

B. In addition to the requirements of A. of this Section 3-201, no person who would be

a commercial applicator, private applicator, or structural commercial applicator of pesticides

within the definitions and meanings of F-E.P.C.A, and Arizona Statutes shall apply or otherwise

use, or supervise the application or other usage, or any restricted pesticide within the

Reservation without a license than currently in effect issued by the Committee. No such license

4

PESTICIDE CONTROL

shall be issued by the Committee to any person who does not have each certificate, license, and

permit required by F.E.P.C.A, and Arizona Statutes to authorize that person to conduct or

supervise such application or other usage within the State of Arizona. Revocation, suspension,

or expiration or other termination of any such federal or state authorization (while such

authorization continues to be required for conduct of the specified activity pursuant to federal

or state law, rule, regulation, order or directive, as applicable) shall constitute automatic

cancellation of the license issued by the Committee.

1. Application for such license shall be in such form as is prescribed by the

Committee, to include such information and to be accompanied by such supporting data and

verification of qualifications as may be required by the Committee.

2. Issuance of such a license shall be dependent upon the applicant

demonstrating to or otherwise satisfying the Committee, or its designated representative, that

the applicant, (i) is competent with respect to the application, use and handling of restricted

pesticides; (ii) is familiar with the nature and characteristics of them, and the dangers inherent

in them and which may result from their application, use, and handling; (iii) is knowledgeable

about, and able and willing to take appropriate precautions to protect the public health, safety

and welfare; (iv) has suitable equipment, in safe and proper operating condition, for such

application or other usage, with trained, reliable and responsible operators, as appropriate; (v)

has not demonstrated lack of reasonable care’ and responsibility ‘in’ prior processing,

transportation, handling, storage, application’ or other usage, or disposal of pesticides within

the Reservation or elsewhere. The demonstration or other satisfaction of the foregoing

requirements may be by oral or written examination, satisfactory completion of training

courses, actual field operation or demonstration, questionnaires, reports from other agencies

or persons, reliance upon federal and state certifications and licenses, or any combination of

all or any of the foregoing; or such other appropriate means which may be adopted by the

Committee.

3. Any such license issued by the Committee may be mace subject to any

reasonable qualifications, conditions, restrictions and limitations deemed to be appropriate by

the Committee.

4, Before issuing such a license, the Committee shall require proof of financial

responsibility consisting either of a deposit of money, liability insurance, surety bond or certified

check protecting persons, and those claiming under them, who may suffer death, injury, illness,

or property damage as a result of the operations of the applicant. The Committee shall not

accept any bond or liability insurance except from companies authorized to do business in either

of the States of Arizona or California: The amount of the deposit, insurance or bond, unless a

greater amount is specified by the Committee, shall be One Hundred Thousand Dollars

($100,000.00) for property damage, personal death, injury or illness, public liability and drift

insurance, each separately, and it shall be maintained in not less than that sum at all times

during the licensing period. Insurance shall be written in a form acceptable to the Committee

and it shall be evidenced by certificates delivered to the Committee. Each policy by appropriate

endorsement or other provisions shall provide for written notice to the Committee at least ten

(10) days before any cancellation or material change thereof. The license of an applicator who

permits the security to fall below the required sum shall be suspended by the Committee and

it shall remain suspended until the security meets the minimum financial requirements. The

Committee may increase the amount of required deposit, insurance, surety bond or other

security at any time upon fifteen (15) days notice to the holder of a license.

AGRICULTURE CODE

5. A license may be issued by the Committee pursuant to B. of this Section 3-

201 for any period not to exceed one calendar year, or the remaining portion of the year for

which issued. It may be renewed annually upon application to the Committee, and satisfaction

of all qualifications and prerequisites therefor.

6. There shall be a fee charged for the issuance and each annual renewal of

such a license, and an additional fee charge for the reactivation of any such license which is

suspended for any reason. The Committee shall establish an applicable fee schedule which it

may revise from time-to-time. All such fees shall be submitted through the Committee and

payable to the Colorado River Indian Tribes.

C. The Committee may require such other certificates, licenses and permits as it deems

appropriate from time-to-time as a condition to. the production, processing, transportation,

distribution, sale or offer for sale, handling, storage, application or other use, or disposal of

restricted pesticides within the Reservation. Such authorizations may be based upon such

criteria, qualification, and conditions as may be prescribed by the Committee in fulfillment of

its responsibility set forth in Sections 3-101 and 3-103. It may charge annual fees for issuance

and renewals of such authorizations in accordance with a schedule of fees to be established by

the Committee, which fees. shall be submitted. through the Committee and payable to the

Colorado River Indian Tribes. The schedule of fees may be revised by the Committee from

time-to-time.

D. The Committee from time-to-time may alter, modify, enlarge or increase the

requirements, conditions,. restrictions. and limitations imposed upon any person holding any

certificate, license or permit issued by the Committee, as such reasonably. appears necessary

or desirable to the Committee to protect the public health, safety or welfare.

pursuant hereto, or F.E.P.C.A. or Arizona’ Statutes, or rule, regulation, order, directive,

certificate, license, or permit issued pursuant thereto; or upon a determination by the

Committee that the holder is operating within the Reservation or elsewhere in a faulty, careless

or negligent manner, or has made false, inaccurate or incornplete reports or representations

concerning. pesticide operations. or upon application for.a certificate, license or permit

hereunder, or is operating with improper or unsafe equipment or without adequate, competent

and responsible personnel. Such suspension or cancellation shall be upon written notice and

opportunity for hearing before the Cornmittee not less than five (5) days after notice; unless

the Committee determines that an emergency situation exists, in which event there shall be

immediate suspension upon notice, to be followed by such a hearing within five (5) days.

PESTICIDE CONFROL

tion 3-202. Records and Reports.

Each person who applies or otherwise uses restricted pesticides pursuant to certificate,

license or permit issued pursuant hereto shall keep a record of each property treated and, upon

request by the Committee, shall furnish copies of said records to the Committee. Such records

shall be kept for a period of two (2) years and they shall contain the name and address of the

owner and exact location of the property treated; the crop treated; the pest or pests involved;

the name, type, and strength of pesticide used; the name and address of the person or firm

where the pesticide was purchased; the persons applying the pesticide; the date, month, year,

and time of day of application; the direction and estimated velocity of the wind at the time of

application and a description of the principal equipment used therefor; the person or persons

who disposed of the pesticide containers, the type of container, and the manner and location

in which the containers were disposed of.

CHAPTER 3. GENERAL PROVISIONS.

“Section 3-301. Registration of Pesticides.

No person shall produce, process, distribute, sell, offer for sale, hold for sale, deliver,

ship, transport, receive and deliver or offer to deliver, store, apply, or otherwise use any

pesticide within the Reservation unless that pesticide is properly ard currently registered

pursuant to both the F.E.P.C.A. and Arizona Statutes; provided, however, that if an

unregistered pesticide is subject to an experimental use permit issued pursuant to the

F.E.P.C.A. and Arizona Statutes, the Committee may authorize its experimental use by the

permittee within the Reservation in strict compliance with the terms of the permit and such

additional restrictions or requirements.as may be imposed by the Committee. Any other

exemptions from registration of pesticides pursuant to the F.E.P.C.A. or Arizona Statutes shall

be inapplicable within the Reservation.

Section 3-302. Usage Generally of Registered Pesticides.

Any person who produces, processes, distributes, sells or offers for sale, transports,

handles, stores, applies or otherwise uses, or disposes of within the Reservation any pesticide

registered as required by Section 301 of this ordinance shall do so only in strict conformity with

the terms and provisions of the F.E.P.C.A. and Arizona Statutes, and all rules, regulations,

orders and directives issued pursuant thereto, which are applicable to such registration,

including those applicable to its particular classification of registration pursuant to the

F.E.P.C.A.

Section 3-303. Prohibitions Generally.

No person shall produce, process, distribute, sell, offer for sale, hold for sale, deliver,

ship, transport, handle, store or apply or otherwise use, or dispose of any pesticide within the

Reservation if such activity or the manner of its conduct under the circumstances would be

prohibited by F.E.P.C.A. or Arizona Statutes, or rules, regulations, orders or directives issued

pursuant thereto, if it occurred outside the Reservation and within the State of Arizona.

Section 3-304. Violations and Penalties.

AGRICULTURE CODE

Any person who violates or fails to comply with any requirement, provision or condition

of this ordinance, any rule or regulations, order or directive, certificate, license, or permit, or

condition, qualification, restriction, or limitation thereon, issued by the Committee pursuant to

its authority granted by this ordinance shall be guilty of an offense, and shall be subject to a

fine not to exceed Five Hundred Dollars ($500.00), or imprisonment for a period not to exceed

six (6) months, or both.

Section 3-305, Judicial Proceeding.

If at any time it appears to the Committee that any person has violated or failed to

comply with the provisions of this ordinance, or any of the rules, regulations, orders and

directives of the Committee, or certificate, license or permit issued by the Committee, or that

such person then is so violating or failing to comply therewith, then the Committee, or its

representative so authorized by it, may institute proceedings in the tribal court for any

appropriate remedies, whether criminal or civil in nature, including injunctive relief, seizure and

forfeiture, and the posting of bonds or sureties to insure compliance. The foregoing shall not

be deemed to limit or restrict the Committee or any other persons from taking other appropriate

action, including issuance of cease and desist orders, and giving notification to representatives

of federal, state, county or municipal government agencies, if it appears any person has

violated or failed to comply as aforesaid; provided, however, the Committee and those acting

on its behalf shall not undertake in its name or that of the Colorado River Indian Tribes any

action in any court other than tribal court.

Section 3-306. Severability.

If any provision of this ordinance or the application thereof to any person or circumstance

is held invalid, its invalidity does not affect other provisions or applications of the ordinance

which can be given effect without the invalid provision or application, and to this end the

provisions of this ordinance are severable.

feels)

PESTICIDE CONTROL

REGULATIONS OF THE PESTICIDE CONTROL COMMITTEE

ISSUED PURSUANT TO ORDINANCE NO. 31 [NOW AGRICULTURE CODE]

Reg. No. 31-1-78.

1. All pesticides shall be used in strict accordance with the directions and warnings

stated on the container label.

2, Each applicator shall keep informed of weather conditions affecting pesticide

application, and shall not use or apply pesticides when adverse weather conditions or wind

direction and velocity might result in drift damage to persons or to property.

3. All pesticides transported within the Reservation shall be hauled in vehicles having

a leak-proof floor and an entirely enclosed cargo space which shall be securely closed when in

motion.

4. Any person having notice or knowledge of the theft, loss, disappearance, spillage,

or unintentional but mistaken misuse of pesticides shall report such occurrence to the

Committee as son as such fact is known.

5. Applicators shall use only pest contro] methods and materials which are approved

by the Pesticide Control Committee.

6. Pesticides and pesticide containers shall not be left unattended at any time, except

where they are being stored In a safe and secure facility, and they shall be disposed of at the

completion of the job.

7. No pesticide may be placed, repackaged or redistributed into any container which

was, or which resembles, beverage bottles, food containers, or other containers which any

person might mistakenly believe or contain the original product,

8. Pesticides shall not be stored in any place above or in close proximity to any human

food or clothing, or any animal feed.

9. No empty pesticide containers shall be used for any other purpose on the

Reservation, except those, which as part of the sales contract, are returnable to the seller, or

those non-combustible containers which have been decontaminated and reconditioned in

accordance with directions of the manufacturer of the pesticide.

10. Combustible containers may be disposed of by burning in an incinerator operated at a

temperature above 699° F; except herbicide and defoliant containers which, when burned,

produce vapors poisonous to humans and may damage local foliage. All containers not

disposed of by combustion shall be buried in accordance with Regulation 11.

11. All containers not disposed of by combustion as provided in Regulation 10, when empty,

shall be rendered incapable of any further use and shall be buried 18 inches below ground, at

a site as designated by the Tribal Council where the underground water supply will not be

contaminated, and where there will be no resultant hazards to humans or animals.

AGRICULTURE CODE

12. Areas contaminated by any spillage shall be isolated and conspicuous warning signs

posted, and only experienced personne! wearing protective clothing and safety devices may

enter the restricted area. Signs shall be removed only when the area has been

decontaminated.

13. Areas contaminated by liquid pesticides shall be covered by clay, earth fill, cinders,

sand, sawdust, soda ash, or other suitable absorbent material.

14. Absorbents, residues, solids, granular or dust type pesticides and other material

resulting from any spillage shall be placed in tight, non-combustible containers while being

stored, or transported to the disposal site.

15. Hygiene:

(a) Persons engaged in using, handling, or applying open, bulk-type pesticides

shall wear protective clothing and devices as necessary, or as recommended by the

manufacturer's label.

(b) The following practices are listed for the safety of pesticide workers:

i. Clean clothes shall be worn daily, If there is unusual pesticide spillage on

clothing, a change shall be made immediately.

ii. Workers shall take a shower bath immediately after completing pesticide

operations, or if there is unusual spillage, a shower bath should be taken immediately.

iii, Emergency bathing facilities shall be maintained in all situations where any

spillage may cause contamination of workers.

iv. All articles of clothing or devices shall be considered as potential sources

of contamination, e.g., shoes, belts, hats, respirators, face pieces, gloves, rain suits, aprons.

v. No food, beverages, tobacco, eating utensils, or smoking equipment shall

be stored in the work area.

vi. No one shall be permitted to eat, drink, smoke, or use tobacco in the work

area.

vii. Protective type gloves shall be worn while handling containers of restricted

pesticides.

viii, Personnel shall be instructed not to put their hands upon their faces, and

particularly not near their mouth and eyes, while working with pesticides.

ix. Personnel shall be instructed to wash their hands before smoking, or use

of the toilet; and to wash after loading, unloading, or transferring a shipment of pesticides.

16. The following are restricted pesticides:

Parathion

PESTICIDE CONTROL

Paraquat

Dalapon

Dinoseb

Diazinon

Malathion

PESTICIDE CONTROL

REGULATIONS OF THE PESTICIDE CONTROL COMMITTEE

ISSUED PURSUANT TO ORDINANCE NO. 31 [NOW AGRICULTURE CODE]

Reg. 31-2B-82: STUB COTTON BAN.

A. Findings.

The Pesticide Control Committee of the Colorado River Indian Tribes hereby finds and

declares that:

1) Pink bollworm, heliothis complex (tobacco budworm and boliworm), cotton leaf

perforator and beet army worm are dangerous insect pests of cotton and infestations of such

pests are known to occur within the Colorado River Indian Reservation; and

2) Boll weevil is a dangerous insect pest of cotton and is known to be present within the

Colorado River Indian Reservation; and

3) Morning glory, bermuda grass, Johnson grass and various pigweeds are noxious weed

pests of cotton and are known to occur within the Colorado River Indian Reservation; and

4) Itis necessary to curtail the early buildup and spread of these above mentioned insect

and weed pests within the Colorado River Indian Reservation, and to facilitate the control and

supression of these pests, and thereby to obviate the need for earlier and more extensive

applications of pesticides in order to control and suppress these pests.

B. Restrictions.

The Pesticide Control Committee hereby orders and declares that the following rules and

regulations shall govern cotton growing within the Colorado River Indian Reservation:

1) No stub or volunteer cotton shall be grown or allowed to grow within the Colorado

River Indian Reservation. Stub or volunteer cotton is defined as those cotton stalks or of a

previous crop which, after over-wintering, begin to show signs of growing by displaying buds

which swell or which send out shoots of new plant growth (either white or green).

2) All cotton stalks of a previous crop, and all stub or volunteer cotton found growing on

idle lands, fallow land, in other crops, or in any other location, shall be destroyed in the manner

provided in 3) below no Jater than the 31st of January of any year, or at the expiration of any

lease or sublease under which a person or persons have farmed cotton, whichever shall come

first.

3) All such cotton stalks or stub or volunteer cotton must be shredded and surrounding

land shall be either:

a plowed sufficiently to bury the cotton stalks or stub or volunteer cotton to

a depth of six (6) inches below the ground in the event that the next

succeeding crop is to be cotton; or

AGRICULTURE CODE

b. disked and cross-disked to a depth of four (4) inches or more in the event

that the next succeeding crop is to be a crop other than cotton and is lanted

and irrigated prior to the 15th of February of any year.

All such cotton stalks or stub or volunteer cotton must be destroyed to the satisfaction

of the Environmental Protection Officer of the Colorado River Indian Tribes.

4) The person or persons who are in current possession of land on which stub or

volunteer cotton is growing, or on which cotton stalks have not yet been destroyed, shall be

responsible for the destruction of said cotton or cotton stalks; provided, that, where such cotton

or cotton stalks are the remains of a crop farmed by or belonging to a person or persons who

previously possessed, farmed or made use of such land, said person or persons shall be

primarily so responsible, and the current possessor of such land shall be secondarily

responsible.

5) In the event that cotton stalks are found unshredded, or stub or volunteer cotton is

found growing after the 31st of January of any year, the Environmental Protection Officer of the

Colorado River Indian Tribes may cause such cotton stalks, stub or volunteer cotton to be

destroyed, and all expenses thereof shall be billed to the person or persons responsible for

compliance with these regulations.

6) No cotton shall be planted on the Colorado River Indian Reservation earlier than the

15th of March of each year.

7) Each day that stub or volunteer cotton shall be allowed to grown, or cotton stalks of

a previous crop remain undestroyed, after the 31st of January of any year, or after the

expiration of any lease or sublease under which a person or persons have farmed cotton,

whichever shall come first, and each day that cotton shall be planted and remain planted prior

to the 15th of March shall constitute a separate civil violation of these regulations.

8) All expenses involved in complying with these regulations shail be borne by the person

or persons responsible for such compliance. Persons primarily responsible for any compliance

shall have the obligation to reimburse persons secondarily responsible where such persons have

borne any expenses involved in compliance.

9) These regulations supersede entirely Regulation No. 31-1-82, issued by the Pesticide

Control Committee on April 8, 1982, and Regulation No. 31-2A-82, issued by the Pesticide

Control Committee on October 22, 1982.

PESTICIDE CONTROL

REGULATIONS OF THE PESTICIDE CONTROL COMMITTEE

ISSUED PURSUANT TO ORDINANCE NO. 31 [NOW AGRICULTURE CODE]

Reg. No. 31-3-82: ACTIVITIES WITHIN RESTRICTED AND SCHOOL AREAS

A, RESTRICTED AREAS DEFINED.

The following areas, which are indicated on the attached map, are defined to be

"restricted areas”:

1) Parker Townsite, Bureau of Indian Affairs Agency, Public Health Service, CRIT Lodge,

Parker Community Hospital, Dayton Superior Concrete, northeast to Blue Water Marina.

2) Tribal Administration Compiex, Manataba Park, and Presbyterian Church.

3) Indian Assembly of God and Mission Subdivision on Second Avenue.

4) MoChem Housing Subdivision on Little Road.

5) All American Church on 8th Avenue and Burns Road.

6) Harvest Mission, north of Burns Road along Mohave Road.

7) 50-Homes Subdivision in Poston, Hatch Center, and Native American Produce Packing

Shed.

8) Mormon Church, Baptist Church and Nazarene Church, located south of Hopi Road

along Mohave Road.

9) Catholic Church, one mile south of Peterson Road along Mohave Road.

B. ACTIVITIES WITHIN RESTRICTED AREAS.

1) No person may transport any agricultural materials, such as pesticides, defoliants and

fertilizers, by an aircraft (fixed wing or helicopter) over or across a restricted area at any tine;

provided, that agricultural materials may be transported over or across churches, not otherwise

within the bounds of an restricted area, with the prior approval of the Colorado River Indian

Tribes Environmental Protection Officer.

2) No person may dispense any agricultural material, such as pesticides, defoliants and

fertilizers, by aircraft (fixed wing or helicopter) within one-quarter (1/4) mile of a restricted

area unless the following conditions are met:

a) The Farm Pest Control Advisor and/or the applicator must notify and receive

approval in advance from the Colorado River Indian Tribes Environmental Protection Officer.

b) The dispensing pattern must include a provision for an emergency landing which

would not endanger persons or property.

ACTIVITIES WITHIN RESTRICTED AND SCHOOL AREAS

a

AGRICULTURE CODE

C. SCHOOL AREAS DEFINED.

The following areas, which are indicated on the attached map, are defined to be "school

areas":

1) Le Pera School;

2) CRIT Head Start;

3) Valley Day Care Center.

D. ACTIVITIES WITHIN SCHOOL AREAS.

1) No person may transport any agricultural material, such as pesticides, defoliants and

fertilizers, by aircraft (fixed wing or helicopter) over a school area at any time.

2) No person may dispense any agricultural material, such as pesticides, defoliants and

fertilizers, by aircraft (fixed wing or helicopter) within one-quarter (1/4) mile of a school area

unless the following conditions are met:

a) The school is on summer vacation break and there are no school activities being

conducted; or

b) The school is on weekend break and there are no school activities being

conducted (i.e., between 4:30 p.m. Friday evening, and 8:00 a.m. the following Sunday

morning); or

c) The school is closed for the day (i.e., between 4:30 p.m. and 1:30 a.m. the

following morning), an emergency pest situation has been deciared by the Farm Pest Control

Advisor, and the Colorado River Indian Tribes Environmental Protection Officer has been notified

twenty-four (24) hours in advance, and advance approval therefrom is granted.

E. CHEMICALS WITHIN SCHOOL AREAS.

The use of Def, Folex, L-10 and Paraquat is prohibited within one mile of a school area.

PESTICIDE CONTROL

F. ACTIVITIES NEAR SCHOOL BUSES.

No person may dispense any agricultural material, such as pesticies, defoliants and

fertilizers, by aircraft (fixed wing or helicopter) within five hundred (500) feet of an operating

school bus,

PESTICIDE CONTROL

REGULATIONS OF THE PESTICIDE CONTROL COMMITTEE

ISSUED PURSUANT TO ORDINANCE NO. 31 [NOW AGRICULTURE CODE]

Reg. No, 31-4-82: PERMANENT LANDING SITES FOR AERIAL APPLICATORS.

A. Definition of Aerial Applicator.

For purposes of these regulations "aerial applicator" is defined as any fixed wing aircraft

or helicopter utilized for the purpose of applying any substance Classified as a pesticide

pursuant to Section 102 of Ordinance No. 31.

B. Location of Permanent Landing Sites.

1) No permanent landing site to be used by an aerial applicator or applicators shail be

located less than three hundred (300) feet from any river, main canal, drainage canal, storage

pond or large body of water.

2) No person shall establish a permanent landing site to be used by an aerial applicator

or applicators without prior authorization and approval from the Pesticide Control Committee.

Cc. Permanent Landing Site Facilities.

All permanent landing sites within the Colorado River Indian Reservation shall contain the

following facilities:

1) Astable, posted and secured building for pesticide storage. The layout and contents

of any such building shall be filed and updated as necessary with the Colorado River Indian

Tribes Environmental Protection Office.

2) An area for temporary storage of empty pesticide containers.

3) A concrete wash area with a fenced and posted evaporative drainage pit or ditch.

D. Storage of Pesticide Containers at Permanent Landing Sites

1) All empty pesticide containers shall be stored within designated storage areas.

2) All empty pesticide containers shail be washed prior to storage. All containers five (5)

gallons or less shall be crushed and rendered useless. All containers exceeding the capacity of

five (5) gallons shall be triple rinsed, securely capped or sealed.

3) Empty pesticide containers may be stored at a permanent landing site for one (1) year

or until March 31st, whichever comes first, prior to disposal. Storage periods in excess of one

(1) year must be authorized in writing by the Colorado River Indian Tribes Environmental

Protection Officer.

E. Maintenance of Equiprnent

1) Aerial applicators and other equipment may be washed externally and internally within

a wash area at any permanent landing site.

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