MANAGEMENT AGENCY AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL BOARD AND THE DEPARTMENT OF PESTICIDE REGULATION

(a) Enter into a voluntary agreement between two agencies having discretionary and complementary authority regarding pesticides.

(b) Ensure that all pesticides registered in California are used in a manner that protects water quality and the beneficial uses of water while providing effective, environmentally sound pest management.

(c) Identify roles and responsibilities of the two agencies regarding both water quality protection and pesticide regulation, and to describe how the agencies will work cooperatively to protect water quality in these areas.

(d) Coordinate respective authorities in a cohesive manner to eliminate duplication of effort and inconsistency of action.

(e) Coordinate respective authorities to solve water quality problems related to pesticide use by promoting the development and use of preventive practices through both self-regulatory and regulatory efforts.

(a) Provide for the proper, safe, and efficient use of pesticides that are essential for protecting the public health and safety in the production of food, fiber, forest products, ornamental horticulture, and for other uses that include structure, home, and landscape maintenance.

(b) Protect the environment from environmentally harmful pesticides by prohibiting, regulating, or controlling uses of such pesticides.

(c) Assure the agricultural and pest control workers safe working conditions where pesticides are present.

(d) Permit pest control by competent and responsible licensees, certificate holders, permittees, and operator identification holders under strict control of the DPR Director and Commissioners.

(e) Ensure that pesticides are properly labeled and appropriate for the use designated by the label.

(f) Encourage the development and implementation of pest management systems, stressing application of biological and cultural pest control techniques with selective pesticides, when necessary, to achieve acceptable levels of control with the least possible harm to nontarget organisms and the environment.

(g) Continuously evaluate pesticides to determine if any endanger the agricultural or nonagricultural environment, placing appropriate restrictions on use including limitations on worker reentry, quantity used, area treated, and manner of application.

(h) Establish, as necessary, criteria to evaluate environmental effects of pesticides.

(i) Coordinate with other local, state, and federal agencies responsible for environmental issues regarding pesticides and water quality.

(a) Designate and protect appropriate beneficial uses of water for the benefit of the State.

(b) Establish water quality objectives, both numeric and narrative, for the reasonable protection of the beneficial uses of water or the prevention of nuisance within a specific area.

(c) Develop, implement, and enforce programs to achieve water quality objectives including, but not limited to, issuance of Waste Discharge Requirements, conducting compliance inspections, initiating enforcement actions, and controlling nonpoint sources of pollution pursuant to the Nonpoint Source Management Plan.

(d) Develop, implement, and enforce regulations and policies consisting of principles and guidelines deemed essential for the protection of water quality.

(a) To implement, in coordination with the Commissioners, State Board, and Regional Boards, the Plan in a manner consistent with and in conformity with State and Regional Board plans, policies, and regulations so that water quality is protected from adverse impacts due to the use of pesticides registered in California.

(b) To have DPR and Commissioner staff provide routine updates of their ongoing and planned pesticide monitoring programs to State and Regional Board staff.

(c) To provide the State Board with an annual report on the effectiveness of the MAA and Plan and to propose revisions of the Plan as necessary to ensure protection of water quality.

(d) To have DPR and Commissioner staff confer with State and Regional Board staff when developing reduced-risk practices, quantitative response limits, and required use restrictions.

(a) To accept the MAA and Plan as measures consistent with the State's Nonpoint Source Management Plan unless it is determined by the State Board that implementation is inadequate to protect beneficial uses.

(b) To accept the MAA and Plan as a coordinated effort for protecting water quality and beneficial uses of water from the potential harmful effects from the use of pesticides.

(c) To have State and Regional Board staff provide routine updates of their ongoing and planned pesticide monitoring programs to DPR and Commissioner staff.

(d) To have State and Regional Board staff and management actively participate in the annual update on the implementation of the Plan and identify concerns regarding the coordination and control of water quality due to changes in laws, regulations, policies, and water quality control plans.

(e) To have State and Regional Board staff confer with DPR and Commissioners when developing or revising water quality objectives for pesticides.

3. The State Board and DPR mutually agree:

(a) That the provisions of the MAA and Plan are not intended to be the subject of any third party actions to enforce such provisions and that decisions concerning the adequacy of compliance with the provisions of the MAA and Plan are solely within the discretion of the signatory agencies.

(b) To promote technical and policy consultations concerning pesticide water quality issues through formal channels, such as standing interagency committees and State Board workshops and meetings, as well as through informal staff exchanges of information. The State Board, Regional Boards, DPR, and Commissioners will consult during the early stages of planning any investigation relating to pesticides and water quality. The agencies will provide technical assistance to each other upon request.

(c) To implement a pesticide detection notification system to ensure mutual awareness of pesticide finds in State waters and provide results of pesticide monitoring in an expeditious manner. Reporting requirements and procedures for data referrals are described in the Plan.

(d) That nothing in the MAA or Plan is intended to abrogate any legal requirement on any person or agency to report pesticide spills, such as to the State Office of Emergency Services.

(e) To collect, exchange, and disseminate information on (1) the use of pesticides, (2) impacts on the quality of the State’s waters from such uses, and (3) any efforts to mitigate those impacts.

(f) To share information on pesticide formulations, environmental fate and toxicity of active ingredients, inert ingredients, and breakdown products. Procedures to protect proprietary information are described in the Plan.

(g) To ensure that compliance with State and Regional Boards' established numeric and narrative water quality objectives is achieved. Responsibility for interpretation of compliance with narrative water quality objectives will continue to rest with the State and Regional Boards.

(h) To convene interagency staff meetings at least every six months to discuss existing and proposed projects of mutual interest and to serve as a forum for considering changes to the MAA and Plan.

(i) To consult each other in developing or revising statutes and regulations relative to pesticides which may impact water quality.

(j) To participate in developing State policies, guidelines, water quality control plans, and management plans relative to pesticide use and water quality.

(k) To work in cooperation with regulated industries, researchers, and educators to identify issues and develop mitigation strategies.

(l) To promote the development and implementation of reduced-risk practices whenever necessary to protect the beneficial uses of the waters of the State from the potentially adverse effects of certain pesticides. Plans to implement reduced-risk practices should: (1) describe the actions necessary to achieve the objectives, including recommendations for appropriate actions by any public or private entity; (2) set a schedule for actions to be taken; and (3) describe where water quality criteria are applied and the monitoring to be undertaken to determine compliance with water quality objectives.

(m) To implement reduced-risk practices initially upon a self-regulating basis to be followed by regulatory actions if necessary. Whenever possible, self-regulating measures will be attempted before enforcement actions are taken. DPR and Commissioners have responsibility for regulating sources of pesticide pollution resulting from the use of pesticides. Regulatory-based compliance will be achieved by DPR's implementing restricted use pesticide permit requirements and/or regulations coordinated through Commissioners. However, the State and Regional Boards retain responsibility for ensuring compliance with water quality laws, regulations, policies, and plans. This responsibility may be implemented at any time through the State and Regional Boards' Water Quality Control Plan or other appropriate regulatory measures consistent with applicable authorities and the provisions of California's Nonpoint Source Management Plan. The Plan will help make the Nonpoint Source Management Plan specific for pesticides by defining how a four-stage approach will be used to protect beneficial uses of water from the potential adverse effects of pesticides. Stage 1 relies on education and outreach efforts to communicate pollution prevention strategies. Stage 2 efforts involve self-regulating or cooperative efforts to identify and implement the most appropriate site-specific reduced-risk practices. In stage 3, mandatory compliance is achieved through restricted use pesticide permit requirements, implementation of regulations, or other DPR regulatory authority, as required in the FAC. In stage 4, compliance is achieved through the State and Regional Boards' Water Quality Control Plans or other appropriate regulatory measures consistent with applicable authorities. Stages 1 through 4 are listed in a sequence that should generally apply. However, these stages need not be implemented in sequential order, but rather as necessary to assure protection of beneficial uses.

(n) To develop a feasible surface and ground water monitoring strategy which considers anticipated funding and supports the implementation of the MAA. The monitoring strategy will be developed no later than one year from the effective date of the MAA and will be implemented to the extent that budgeted resources allow.

(o) To hold no later than three years after the effective date of the MAA and every three years thereafter public workshops to discuss the implementation of the MAA and Plan.

(p) That all references to the State Board and Regional Board(s) in the MAA and Plan include staff to the extent the action is delegable.