A. Within ninety days after a pesticide that is listed pursuant to section 49-305 is found pursuant to section 49-307 under any of the conditions listed in paragraph 1, 2 or 3 of this subsection, the director shall determine whether the pesticide resulted from agricultural use according to state and federal laws and regulations and shall state in writing the reasons for the determination that:

1. 1. An active ingredient of a pesticide has been found at or below the deepest of the following depths:

   1. (a) Eight feet below the soil surface.
   2. (b) Below the root zone of the crop where the active ingredient was found.
2. 2. An active ingredient of a pesticide has been found in the groundwaters of this state.
3. 3. The pesticide has degradation products or other specified ingredients which pose a threat to public health and which have been found under the conditions specified for active ingredients in either paragraph 1 or 2 of this subsection.