1. (1) All growers in the elimination area shall be required to destroy cotton stalks only when so notified in writing by program personnel. Such notification shall indicate name and address of the producer, fields to be destroyed, the deadline of February 1 for such destruction, and must be providedto the grower no later than December 1. Such cotton stalk destruction shall consist of shredding or disking to the extent of eliminating standing cotton stalks.

2. (2) Failure to destroy cotton stalks on or before February 1 of each year will result in a $3.00 per acre penalty fee. In fields with cotton stalks left standing after February, the Commissioner shall have authority to hire the destruction of standing stalks and assess the grower for actual costs of such destruction in addition to penalty fees. Any grower applying for a waiver shall make application in writing to the Commissioner stating the conditions under which he requests such a waiver. The decision of whether or not to waive this requirement shall be made by the Commissioner and notification given to the farm operator within two weeks after receipt of such application. Decision shall be based on the following:

   1. (1) Meteorological conditions,
   2. (2) Economic conditions, and
   3. (3) Any other uncontrollable destructive forces.

Author: Charles H. Barnes, Reginald L. Sorrells

Statutory Authority: Code of Ala. 1975, §2-19-128.

History: Filed March 13, 1986. This rule was amended on August 10, 1993, to reflect current program activities. Amended: Filed October 21, 1993; effective November 25, 1993. Amended: November 27, 2001; effective January 1, 2002.