In 2000, the N.C. Pesticide Board adopted an enforcement policy to clarify label language concerning the application of pesticides used in forestry in wetlands. This policy states:
"No pesticide can be applied to surface water unless it has an aquatic label. An exception exists if ephemeral water is present with little likelihood of the water moving offsite. Ephemeral water is surface water (i) that temporarily accumulates in shallow depressions during and following rain events, (ii) that is less than one foot deep, and (iii) that has been present less than 30 consecutive days at the time of application. This exception is does not apply if the product label has an aquatic organism toxicity statement."
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