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(continued) Dormant Insecticide Contamination Prevention.
(a) The operator of the property shall meet at least one of the following requirements when making dormant applications:
(1) only apply a dormant oil, or a biocontrol agent such as but not limited to spinosad orBacillus sp.; or
(2) only apply to a hydrologically isolated site; or
(3) divert any runoff with an on-farm recirculating system and/or contain and hold any runoff for 72 hours a before releasing into a sensitive aquatic site.
(b) If none of the requirements in subsection (a) can be met, the following dormant insecticide application restrictions shall apply:
(1) the operator of the property to be treated shall obtain a written recommendation from a licensed pest control adviser prior to the application; and
(2) the application shall not be made within 100 feet of any sensitive aquatic site; and
(3) wind speed shall be 3-10 miles per hour (mph) at the perimeter of the application site as measured by an anemometer on the upwind side.
(c) Aerial application of dormant insecticides shall only be allowed if:
(1) soil conditions do not allow field entry, or approaching bloom conditions necessitate aerial application; and
(2) all the requirements in subsection (b) are met.
(d) No dormant insecticide application shall occur if:
(1) soil moisture is at field capacity and a storm event, forecasted by the National Oceanic and Atmospheric Administration (NOAA) or National Weather Service (NWS), is to occur within 48 hours following application; or
(2) a storm event likely to produce runoff from the treated area is forecasted by NOAA/NWS to occur within 48 hours following the application.

Note: Authority cited: Section 11456, Food and Agricultural Code. Reference: Sections 11456 and 11501, Food and Agricultural Code.