Irrigated agriculture: pesticide use: operator identification number: water quality: waste discharge requirements.

Existing law regulates pesticide use and requires a pesticide use report to be submitted to the county agricultural commissioner or the Director of Pesticide Regulation, as specified, for use in the setting of priorities for, among other things, pesticide use enforcement and pest control research, environmental monitoring, and public health monitoring and research. Existing regulations provide that prior to the purchase or use of pesticides for the production of an agricultural commodity, the operator of the property, as defined, or the operator's authorized representative, shall obtain an operator identification number for pesticide use from the county agricultural commissioner of each county where pest control work will be performed. This bill would codify that requirement relating to the operator identification number and, on and after January 1, 2012, would require the county agricultural commissioner to withhold the issuance of an operator identification number for pesticide use if, pursuant to a notice transmitted by the State Water Resources Control Board or a California regional water quality control board, an operator of the property is found to be in violation of specified water quality requirements after the exhaustion of all administrative proceedings and appeals. The bill would authorize a county agricultural commissioner to levy a specified civil penalty on an operator who obtains an operator identification number by means of fraud. By imposing new requirements on county agricultural commissioners, this bill would impose a state-mandated local program. Existing law, the Porter-Cologne Water Quality Control Act, requires the State Water Resources Control Board (state board) and a California regional water quality control board (regional board) to prescribe waste discharge requirements, as specified. The act authorizes the state board and a regional board to waive certain waste discharge requirements as to a specific discharge or type of discharge if the state board or the regional board makes a specified determination. For purposes of implementing the provisions relating to the issuance of an operator identification number for pesticide use, this bill would require the state board or a regional board to provide notice to the Department of Pesticide Regulation and the appropriate county agricultural commissioners if, pursuant to an administrative order, the state board or the regional board finds that an operator of the property, as defined, is in violation of any specified water quality requirements. The bill would prohibit the state board or the regional board from transmitting the notice unless 30 days have elapsed after the date on which specified administrative or judicial appeals and proceedings are exhausted. The bill would require the state board or the regional board to issue a written certification of compliance to an operator of the property upon remedying the violation, and payment of administrative civil liability imposed, for the water quality violations. The bill would require the county agricultural commissioner, upon receipt of a certificate of compliance, to immediately issue the withheld operator identification number to an operator who has remedied the subject violation or violations. The bill would also make a technical, nonsubstantive change to the provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.