This part does not apply to any facility where economic poisons are employed in their pesticidal use, unless that facility was subject to district permit requirements on or before August 1, 1987. As used in this section, “pesticidal use” does not include the manufacture or formulation of pesticides.

Added Stats 1987 ch 1252 § 1, operative July 1, 1988.

NOTES OF DECISIONS

In environmental litigation, in which a fumigation company cross-complained against the county air pollution control district for declaratory relief that the district had no jurisdiction to regulate fumigation activities at a port facility, the trial court did not err in declaring that the district had authority to regulate emissions. Health & Saf. Code, § 39655, subd. (a) (toxic air contaminant which is pesticide shall be regulated in its pesticidal use by State Department of Pesticide Regulation), was ambiguous, meaning either that the department had exclusive authority over emissions of pesticides, or that it had authority over the use of pesticides, but not over emissions after pesticidal use was complete. Health & Saf. Code, § 44324 (statutes imposing requirements on facilities that pollute air is inapplicable to facilities that employ poisons in their pesticidal use, unless such facilities are subject to local district permit requirements), shows a legislative intent that facilities in which pesticides are used be subject to local district regulation of emissions. Under Health & Saf. Code, § 39002 (local authorities' primary responsibility for control of nonvehicular air pollution), the district had jurisdiction over emissions from facilities in which pesticides are used. Harbor Fumigation, Inc. v. County of San Diego Air Pollution Control Dist. (1996, 4th Dist) 43 Cal App 4th 854, 50 Cal Rptr 2d 874, 1996 Cal App LEXIS 239.