8 CCR 1206-4 Part 5 - Enforcement of Agreements (Ground Water Management Districts)
5.1. The Department may enter into an
agreement with any ground water management district which can demonstrate the
availability of properly trained and equipped staff to carry out the provisions
of the statute and Rules promulgated thereunder.
5.2. As used in Part 5.1, "properly trained
staff" refers to employees who have substantially similar training and skills
as the chemigation inspectors employed by the Department, including:
5.2.1. Knowledge of pesticide and fertilizer
toxicities and hazards;
5.2.2.
Ability to investigate, collect and preserve evidence for use in administrative
or court proceedings;
5.2.3.
Knowledge of the state chemigation laws and Rules;
5.2.4. Knowledge of irrigation systems and
how chemigation is implemented;
5.2.5. Ability to establish and maintain
effective working relationships with growers being regulated;
5.2.6. Ability to express oneself clearly and
concisely, both orally, and in writing;
5.2.7. Skill in making thorough inspections
of chemigation equipment and making judgments concerning corrective
actions.
5.3. As used in
Part 5.1, "properly equipped staff" means that the district's chemigation
enforcement staff are furnished with operational and protective equipment which
is substantially similar to such equipment which the Department furnishes for
the use of its chemigation inspectors in the performance of their
duties.
5.4. In the event a
district desires to withdraw from an agreement, the district shall provide the
Department one year's notice of said intent. In the event a district desires to
renew an agreement, it shall notify the Department of such intent not less than
one year prior to the expiration date of the agreement.
5.5. Each district having a current
enforcement agreement in effect shall submit an annual report to the Department
on or before June 1 of each year, which shall include the following information
for the previous year:
5.5.1. The number of
chemigation system inspections made by the district at each injection site
identified and whether the inspections were initial inspections, for equipment
replacement or repair, or routine monitoring;
5.5.2. The number of violation notices issued
and actions taken.
5.6.
The district shall maintain a complete file of all records, communications, and
other written materials which will pertain to the operation of programs or the
delivery of services under the Agreement, and shall maintain such records for a
period of three (3) years, or for such further period as the Department may
request. The District shall permit the Department or other authorized
governmental agency to audit and/or inspect its records during the term of the
Agreement and for a period of two (2) years following the termination of the
Agreement.
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