reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 7 - MOTOR FUELS AND PETROLEUM PRODUCTS › Section R3-7-762 - Penalties

Current through Register Vol. 30, No. 28, July 12, 2024
Any person who violates any provision of this Article is
				  subject to the following:
1.
				Prosecution for a Class 2 misdemeanor under A.R.S. §
									3-3473(B)(4);
2. Civil penalties under A.R.S. §§
									3-3473 and
				3-3475; and
3. Stop-use, stop-sale, hold, and removal
				orders under A.R.S. §
									3-3415(A)(2).
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Section R3-7-1001 - Material Incorporated by Reference

Current through Register Vol. 30, No. 28, July 12, 2024
The following documents are incorporated by reference and on
				  file with the Division. The documents incorporated by reference contain no
				  later amendments or editions:
1.
				California Environmental Protection Agency, Air Resources Board, Vapor Recovery
				Test Procedure TP-201.1B, Static Torque of Rotatable Phase 1 Adaptors, October
				8, 2003 edition, California Air Resources Board, P.O. Box 2815, 2020 L. Street,
				Sacramento, California 95812-2815 (herein referred to as "CARB TP-201.1B").
2. California
				Environmental Protection Agency, Air Resources Board, Vapor Recovery Test
				Procedure TP-201.1E, Leak Rate and Cracking Pressure of Pressure/Vacuum Vent
				Valves, October 8, 2003 edition, California Air Resources Board, P.O. Box 2815,
				2020 L. Street, Sacramento, California 95812-2815 (herein referred to as "CARB
				TP-201.1E").
3. California Environmental Protection Agency, Air
				Resources Board, Vapor Recovery Test Procedure TP-201.3, Determination of 2
				Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing
				Facilities, July 26, 2012 edition, California Air Resources Board, P.O. Box
				2815, 2020 L. Street, Sacramento, California 95812-2815 (herein referred to as
				"CARB TP-201.3").
4. California Environmental Protection Agency, Air
				Resources Board, Vapor Recovery Test Procedure TP-201.3C, Determination of
				Vapor Piping Connections to Underground Gasoline Storage Tanks (Tie-Tank Test),
				March 17, 1999 edition, California Air Resources Board, P.O. Box 2815, 2020 L.
				Street, Sacramento, California 95812-2815 (herein referred to as "CARB
				TP-201.3C").
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Section R3-7-1002 - Exemptions

Current through Register Vol. 30, No. 28, July 12, 2024
An owner
				  or operator of a gasoline dispensing site with a gasoline throughput that does
				  not exceed that specified in A.R.S. §
									3-3512(B)  may
				  file for an exemption from this Article. To obtain an exemption, the owner or
				  operator of the gasoline dispensing site shall submit an annual throughput
				  report to the Division, using a form prescribed by the Division, no later than
				  March 30 of each year and attest to the throughput during each month of the
				  previous calendar year. If the owner or operator fails to file an annual
				  throughput report timely or if the annual throughput report indicates the
				  exemption limit specified in A.R.S. §
									3-3512(B)  was
				  exceeded, the Division shall deem the exemption void.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Section R3-7-1003 - Equipment and Installation

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Division
				shall reject a stage I vapor recovery system or component from future
				installation if:
1. Federal regulations
				prohibit its use;
2. The vapor
				recovery system or component does not meet the manufacturer's specifications as
				certified by CARB using test methods approved in
				R3-7-1001; or
3. The vapor recovery system or component
				fails greater than 20% of Division inspections for that system or component or
				the Division receives equivalent failure results from a vapor recovery
				registered service agency, as defined and regulated by Article 6, or from
				another jurisdiction's vapor recovery program, and the Division provides at
				least 30 days public notice of its proposed rejection.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Section R3-7-1004 - Application Requirements and Process for Authority to Construct Plan Approval

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person
				shall not begin to construct a stage I vapor recovery system or to make a
				modification of an existing stage I vapor recovery system before applying for
				and obtaining an Authority to Construct permit. A modification is:
1. Adding or replacing a gasoline storage
				tank that is equipped with a stage I vapor recovery system;
2. Modifying, adding, or replacing vent
				piping; or
3. Conducting
				construction at the tank top that exposes stage I or stage II vapor recovery
				piping.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Section R3-7-1005 - Initial Inspection and Testing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within 10
				days after beginning the dispensing of gasoline at a site that requires an
				Authority to Construct permit, a person shall provide the Division with a
				written certification of completion by the contractor and schedule an
				inspection that includes tests and acceptance criteria specified in the
				Authority to Construct permit and this subsection. The inspection shall be
				witnessed by the Division at a time approved by the Division and include the
				following tests:
1. A pressure decay test for
				each vapor control system including underground storage tanks and tank vents
				using CARB TP-201.3 test procedures, as follows:
a. All test procedures pertaining to stage I
				vapor recovery systems shall be followed except the post-test procedures in
				section 8 and the calculations in section 9 of the CARB TP-201.3 test
				procedures;
b. The compliance
				status of the site shall be determined by comparing the final five-minute
				pressure with the minimum allowable final pressure in Table 1; and
c. A calculated ullage exceeding that listed
				in Table 1 shall be rounded up to the next higher ullage volume in the
				table;
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Section R3-7-1007 - Operation

Current through Register Vol. 30, No. 28, July 12, 2024
A. The owner or
				operator of a gasoline dispensing site with stage I vapor recovery shall not
				transfer or permit the transfer of gasoline into any gasoline storage tank
				subject to this Article unless stage I vapor recovery equipment is installed,
				maintained, operating, and being used according to the requirements of A.R.S.
				Title 3, Chapter 19, Article 7, and this Article.
B. The owner or operator of a gasoline
				dispensing site with stage I vapor recovery shall operate the stage I vapor
				recovery system and associated components in compliance with the CARB
				certification or Division approval under A.R.S. §
									3-3512 for that system and these
				rules.
C. The owner or operator of
				a gasoline dispensing site with stage I vapor recovery located in area A shall
				inspect the system and its components at least once every seven days. The
				inspections shall include all stage I fittings and spill containment.
D. The owner or operator of a gasoline
				dispensing site shall immediately stop using a stage I vapor recovery system or
				component if one or more of the following system or component defects occur:
1. Tank vent pipes are not the proper height
				or are not properly capped with approved pressure and vacuum vent
				valves;
2. Vent pipes do not meet
				the CARB-specified paint color code specified in
				R3-7-1004(D)(13);
3. The stage I vapor recovery system is not
				properly installed or maintained as evidenced by the following:
a. Spill containment buckets are cracked,
				rusted, or not clean and empty of liquid; sidewalls are not attached or are
				otherwise improperly installed; and drain valves are non-functioning or do not
				seal;
b. A fill adaptor collar or
				vapor poppet (drybreak) is loose, damaged, or has a fill or vapor cap that is
				not installed or is missing, broken, not securely attached, or missing
				gaskets;
c. Coaxial stage I is not
				equipped with a functioning CARB-approved poppeted fill tube or the coaxial cap
				is not installed or is missing, broken, not securely attached, or missing
				gaskets; or
d. A fill tube is
				missing, broken, or not sealed; has holes or damaged overfill prevention; or
				the high point of the bottom opening is more than six inches above the tank
				bottom;
4. The tank rise
				cap with instrument lead wire for an electronic monitoring system is not
				installed tightly or any other tank riser is not sealed and capped
				securely;
5. An above-ground
				storage tank does not display a permanently attached UL approval plaque;
				or
6. Any other component
				identified in the diagrams, exhibits, attachments, or other documents and
				certified by CARB or required by the Authority to Construct permit for that
				system is missing, disconnected, or malfunctioning.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Section R3-7-1008 - Training and Public Education

Current through Register Vol. 30, No. 28, July 12, 2024
Each owner or operator of a gasoline dispensing site using a
				  stage I vapor recovery system or component shall obtain adequate training and
				  written instructions to enable the system to be installed, operated, and
				  maintained properly in accordance with the manufacturer's specifications and
				  CARB certification. The owner or operator shall maintain documentation of this
				  training onsite and make the documentation available to the Division within two
				  business days of a request.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Section R3-7-1009 - Recordkeeping and Reporting

Current through Register Vol. 30, No. 28, July 12, 2024
A. The owner or
				operator of a gasoline dispensing site employing a stage I vapor recovery
				system or component in area A shall maintain records of the inspections done
				under R3-7-1007.
B. The owner or operator of a gasoline
				dispensing site employing a stage I vapor recovery system or component in area
				A shall maintain a log and related records of all regularly scheduled
				maintenance and any repairs that have been made to stage I equipment.
C. The owner or operator of a gasoline
				dispensing site that is exempt under A.R.S. §
									3-3512(B)  from
				requirements to install and operate a stage I vapor recovery system or
				component shall maintain a log at the site showing monthly throughputs. The
				owner or operator shall make the log available to the Division within two
				business days after request. The owner or operator shall submit to the Division
				the throughput information required under
				R3-7-1002(B). If
				any throughput requirement provided in A.R.S. §
									3-3512(B)  and
				this Article is exceeded for any month, the owner or operator shall notify the
				Division in writing within 30 days. The owner or operator shall, within six
				months after the end of the month the throughput is exceeded, install and
				operate a stage I vapor recovery system or component conforming to this
				Article. If a stage I vapor recovery system is already installed, the owner or
				operator shall have the system tested under
				R3-7-1010 within 30 days after the
				end of the month in which the throughput was exceeded.
D. The owner or
				operator of a gasoline dispensing site shall keep all records required by this
				Article at the gasoline dispensing site for at least one year and shall make
				these records available to the Division upon request.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Section R3-7-1011 - Compliance Inspections and Additional Test Methods

Current through Register Vol. 30, No. 28, July 12, 2024
The Division shall not announce when it plans to conduct a
				  compliance inspection of a stage I vapor recovery system or component. If
				  results of a compliance inspection reveal a violation of A.R.S. Title 3,
				  Chapter 19, or this Article, the Division shall require the vapor recovery
				  system or component to undergo an appropriate test as specified in
				  R3-7-1010.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Section R3-7-1012 - Enforcement

Current through Register Vol. 30, No. 28, July 12, 2024
If the Division finds that a stage I vapor recovery system or
				  component is defective or non-compliant with one or more of the provisions of
				  this Chapter or A.R.S. Title 3, Chapter 19, the Division shall issue to the
				  owner or operator an administrative order and place a Stop-Sale, Stop-Use tag
				  on the non-compliant vapor recovery system or component. The owner or operator
				  may be required to schedule an inspection for a stage I vapor recovery system
				  or component to ensure that it meets all requirements of A.R.S. Title 3,
				  Chapter 19 and this Chapter before the vapor recovery system or component is
				  placed in service.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Section R3-7-1013 - Stage II Vapor Recovery

Current through Register Vol. 30, No. 28, July 12, 2024
If the Division identifies a gasoline dispensing site
				  operating a stage II vapor recovery system within an ozone nonattainment area
				  designated as moderate, serious, severe, or extreme by the EPA under section
				  107(d) of the Clean Air Act or in area A after September 30, 2018, the Division
				  shall issue an administrative order to require that the stage II vapor recovery
				  system be decommissioned within three months after identification, and may
				  impose a civil penalty under A.R.S. §§ 3-3473 and 3-3475.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 10 - STAGE I VAPOR RECOVERY › Table 1 - Acceptability of Final System Pressure Results for Systems Tested Using TP-201.3

Current through Register Vol. 30, No. 28, July 12, 2024
Ullage (gallons)
Minimum Pressure after Five Minutes
							 (Inches Water Column)
500
0.73
550
0.80
600
0.87
650
0.93
700
0.98
750
1.03
800
1.07
850
1.11
900
1.15
950
1.18
1000
1.21
1200
1.32
1400
1.40
1600
1.46
1800
1.51
2000
1.56
2400
1.62
2600
1.65
2800
1.67
3000
1.69
3500
1.73
4000
1.76
4500
1.79
5000
1.81
6000
1.84
7000
1.86
8000
1.88
9000
1.89
10000
1.90
15000
1.93
20000
1.95
25000
1.96
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section R3-8-102 - Certification Categories; Scope

Current through Register Vol. 30, No. 28, July 12, 2024
The name and scope of each certification category are as
				  follows and as prescribed in 40 CFR §
										171.101(c), (e) through
				  (h) (82 FR 1029, January 4, 2017), and (n).
				  This material is incorporated by reference, is on file with the Department, and
				  does not include any later amendments or editions:
1. The categories
				shall be as follows, and as prescribed in
				40 CFR §
										171.101(c), (e) through (h), and
				(n) (82 FR 1029, January 4, 2017). This
				material is incorporated by reference, is on file with the Department, and does
				not include any later amendments or editions; and,
2. The competency standards shall be as
				follows, and as prescribed in
				40 CFR §
										171.103(d)(3), (5) through (8), and
				(14) (82 FR 1029, January 4, 2017). This
				material is incorporated by reference, is on file with the Department, and does
				not include any later amendments or editions.
3. State-only categories.
a. Wood-destroying organism management.
i. Wood-destroying organism treatment:
				inspecting for the presence or absence of wood-destroying organisms and
				treating for wood-destroying organisms in or about a residential or other
				structure by a means other than use of a fumigant.
ii. Wood-destroying insect inspection:
				inspecting for the presence or absence of wood-destroying insects only and
				excluding preparing treatment proposals.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section R3-8-103 - Fees; Charges; Exemption

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person shall pay the following application and renewal fees for licensure,
				certification, and registration:
1. For an
				applicator:
a. Applicator certification,
				$55.
b. Applicator certification
				broadening application, $0.
c. QA
				certification, $75.
d. QA
				certification broadening application, $15.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section R3-8-104 - Pest Management Division Council

Current through Register Vol. 30, No. 28, July 12, 2024
A. A five-member Pest Management Division
				Council is established to assist and make recommendations to the director
				regarding the administration and implementation of A.R.S. Title 3, Chapter
				20.
B. The members shall meet the
				following qualifications:
1. Three members
				shall be business licensees or qualifying parties and shall each have a minimum
				of five years of pest management experience.
a. At least one of these three members shall
				be a business licensee who has five or fewer applicators.
b. For one of these three members, first
				priority shall be given to a business licensee or QP based outside of Maricopa
				and Pima Counties and secondary priority shall be given to a business licensee
				or QP who is not based outside of those counties but is associated with a
				business that has an office in Arizona outside of those counties. If there are
				no qualified first or secondary priority applicants, the Director may appoint
				any business licensee or QP with a minimum of five years of pest management
				experience.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section R3-8-107 - Licensing Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Overall time-frame. The PMD shall issue or deny a license within the overall
				time-frames listed in Table 1. The overall time-frame, which is the total
				number of days provided for both the administrative completeness and
				substantive review time-frames, begins when the PMD receives an
				application.
B. Administrative
				completeness review time-frame.
1. During the
				administrative completeness review time-frame, the PMD shall notify the
				applicant in writing whether the application is complete or incomplete. If the
				application is incomplete, the PMD shall specify in the notice what information
				is missing. If the PMD does not provide notice to the applicant within the
				administrative completeness review time-frame, the PMD shall deem the
				application complete.
2. An
				applicant with an incomplete license application shall supply the missing
				information within the completion request period listed in Table 1. The
				administrative completeness review and overall time-frames are suspended from
				the postmark date of the notice of missing information until the date the PMD
				receives the information.
3. If an
				applicant fails to submit the missing information before expiration of the
				completion request period, the PMD shall consider the application withdrawn and
				close the file. An applicant whose file is closed may apply for a license by
				submitting a new application and application fee.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Table 1 - Time-frames (Calendar Days)

Current through Register Vol. 30, No. 28, July 12, 2024
License
Authority
Administrative Completeness Review
Applicant Response to Completion Request
Substantive Completeness Review
Applicant Response to Additional Information
						  REQUEST
Overall Time-frame
Applicator
A.R.S. §
												3-3614
New
R3-8-203
30
45
60
360
90
Renewal
R3-8-208
30
45
60
15
90
Broaden
R3-8-210
30
45
60
360/ [INFINITY]*
90
Qualified applicator
A.R.S. §
												3-3614
(QA)
New
R3-8-204
30
45
60
360
90
Renewal
R3-8-208
30
45
60
15
90
Broaden
R3-8-210
30
45
60
360
90
Qualifying party (QP)
A.R.S. §
New
3-3616
30
45
60
90
90
Renewal
R3-8-205
30
45
60
15
90
Broaden
R3-8-208
30
45
60
90
90
Temporary
R3-8-210
10
10
10
15
20
R3-8-205
Business
A.R.S. §
30
45
60
15
130 90
3-3615;
						  R3-8-202;
R3-8-208; R3-8-
209
Branch Office
A.R.S. §
30
45
60
15
90
3-3617;
						  R3-8-206
Branch supervisor
A.R.S. §
New
3-3617
30
45
60
90
90
Renewal
R3-8-206
30
45
60
15
90
R3-8-208
Continuing Education Approval
R3-8-216
20
20
55
15
75
* [INFINITY] (Infinity) response refers to examination scores
				  for current applications only.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-201 - Activities that Require a License; Exemptions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Business license. A person doing an
				activity defined as the business of pest management shall first possess a valid
				business license, unless the person is:
1. A
				political subdivision;
2. Acting on
				behalf of a business licensee or political subdivision; or
3. Otherwise exempt by this Chapter or the
				PMD's statutes.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-202 - Business License

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				applicant for a business license shall submit the following information on a
				form obtained from the PMD:
1. About the
				business:
a. Business name;
b. Name and form of business
				organization;
c. Names of the
				following persons authorized to act on behalf of the business:
i. Owner if a sole proprietorship;
ii. Managing or general partner if a
				partnership;
iii. President and
				other authorized officers if a corporation;
iv. All the managers or members if a limited
				liability company; or
v. Person
				authorized to make decisions for the business if any other type of business
				form;
vi. Names of all principals
				of the business including all individuals or other corporations or partnerships
				that own at least ten percent interest of the business.
d.
				Telephone number;
e. Physical address;
f. Mailing address, if
				different from physical address;
g. E-mail address;
				and
h. Chemical storage
				address.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-203 - Applicator Certification

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Application. An applicant for applicator certification shall submit the fee
				specified in R3-8- 103 and the following information on a form obtained from
				the PMD:
1. Full name;
2. Applicator certification number, if
				any;
3. Home address;
4. Mailing address, if different from the
				home address;
5. Telephone
				number;
6. E-mail
				address;
7. Date of
				birth;
8. Social Security
				number;
9. A statement whether the
				applicant has ever had a license or permit to practice pest management denied,
				revoked, or suspended and if the answer is yes, the date, jurisdiction taking
				the action, nature of the action, and explanation of the
				circumstances;
10. Name of
				employer, if any;
11. Employer's
				business license number, if applicable;
12. Employer's telephone number, if
				applicable; and
13. The applicant's
				dated signature affirming that the information provided is true and
				correct.
14. Information and
				documentation concerning lawful presence required by A.R.S. §
										41-1080.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-204 - Qualified Applicator Certification

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before applying for QA certification, an
				applicant shall fulfill the experience requirement for each category.
B. Application. An applicant for QA
				certification shall submit the fee specified in
				R3-8-103 and the following
				information on a form obtained from the PMD:
1. Full name;
2. Applicator certification number, if
				any;
3. QA certification number, if
				any;
4. Home address;
5. Mailing address, if different from the
				home address;
6. Telephone
				number;
7. E-mail
				address;
8. Date of
				birth;
9. Social Security
				number;
10. A statement whether the
				applicant has ever had a license or permit to practice pest management denied,
				revoked, or suspended and if the answer is yes, date, jurisdiction taking the
				action, nature of the action, and explanation of the circumstances;
11. Name of employer, if any;
12. Employer's business license number, if
				applicable;
13. Employer's
				telephone number, if applicable;
14. Certification categories for which
				application is made; and
15. The
				applicant's dated signature affirming that the information provided is true and
				correct.
16. Information and
				documentation concerning lawful presence required by A.R.S. § 41- 1080, if
				not on file.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-205 - Qualifying Party Registration; Temporary Qualifying Party Registration

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant for
				registration as a QP shall submit the fee specified in
				R3-8-103
				and the following information on a form obtained from the PMD:
1. FULL Name;
2. QA certification number;
3. Certification categories to be
				registered;
4. Name, and license
				number if applicable, of the business or school district for which the
				applicant will act as the QP; and
5. Dated signature of the applicant affirming
				that the information provided is true and correct;
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-206 - Branch Office Registration; Branch Supervisor Registration

Current through Register Vol. 30, No. 28, July 12, 2024
A. A business licensee may not do business
				from a branch office unless the branch office and a branch supervisor are
				registered with the PMD.
B. To
				register a branch office, the business licensee shall submit the fee specified
				in
				R3-8-103
				and the following information on a form obtained from the PMD:
1. The business licensee's name and licensee
				number.
2. About the branch office:
a. Full name of branch supervisor;
b. Branch supervisor's applicator
				certification number;
c. Telephone
				and fax numbers;
d. Physical
				address;
e. Mailing address, if
				different from physical address;
f.
				E-mail address; and
g. Chemical
				storage address; and
3.
				The dated signature of an authorized representative of the business
				licensee.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-207 - Applicator Registration

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Every applicator of a business licensee or political subdivision shall be
				registered with the PMD as an applicator for that business licensee or
				political subdivision before providing pest management services for the
				business licensee or political subdivision. This requirement is in addition to
				applicator certification requirements.
B. To register an applicator, a person shall
				submit the fee specified in
				R3-8-103
				and the following information about the applicator on a form obtained from the
				PMD:
1. Full name;
2. Name, and license number if applicable, of
				the business licensee or political subdivision;
3. For an applicator of a business licensee,
				identification of the primary or branch office where the applicator's pest
				management records will be kept;
4.
				For a certified applicator, the applicator's certification number;
5. For an uncertified applicator, the
				applicator's:
a. Home address;
b. Mailing address, if different from the
				home address;
c. E-mail
				address;
d. Telephone
				number;
e. Date of birth;
f. Social Security number; and
6. Dated signature of the
				applicant affirming that the information provided is true and
				correct.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-208 - License, Certification and Registration Renewal

Current through Register Vol. 30, No. 28, July 12, 2024
A. An application to renew a business
				license, applicator or QA certification, or qualifying party, branch office,
				branch supervisor, or applicator registration is due May 1 of the year the
				license, certification, or registration expires. Failure to receive a renewal
				application does not justify a failure to timely renew.
B. An applicant for renewal shall submit the
				following information on a form obtained from the PMD:
1. All renewals:
a. A change in physical address and mailing
				address, if any;
b. E-mail
				address;
c. Telephone
				number;
d. Dated signature of the
				applicant affirming that the information provided is true and correct;
				and
e. License specific information
				described in this subsection, if applicable.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-209 - Change in Business Licensee

Current through Register Vol. 30, No. 28, July 12, 2024
A. Transfer to spouse. A business license may
				be transferred to the licensee's spouse without a fee by submission of a
				Business License Entity Change Application if the licensee's spouse submits
				evidence of marriage to the licensee, keeps the same business name for the
				remainder of the licensee period and agrees to honor all of the licensee's
				customer contracts and warranties.
B. Transfer to new entity. A person may
				request a transfer of a business license to a new entity without a fee by
				submitting a Business License Entity Change Application if:
1. The owners of the current business
				licensee own a majority of the new entity,
2. The new entity keeps the same business
				name as the current business licensee for the remainder of the licensing
				period,
3. The new entity agrees to
				honor all customer contracts and warranties provided by the current business
				licensee, and
4. The current
				business licensee and the new entity are not the same form of entity.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-210 - Certification Broadening

Current through Register Vol. 30, No. 28, July 12, 2024
A. To
				broaden an applicator certification, the applicant shall:
1. Submit the application described in
				R3-8-203,
2. Submit the fee
				required under
				R3-8-103, and
3. Take and pass the certification
				examination for the specific category in which broadening is
				sought.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-211 - Certification Examination

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				applicant for applicator certification or QA certification shall make
				arrangements to take the certification examinations by contacting the PMD or
				the examination service or testing vendor with which the PMD has contracted. An
				individual may apply for applicator certification in any of the categories
				found in R3-8-102.
B. The Department shall ensure
				that the core examination tests the knowledge and understanding of
				40 CFR
				171.103(c) (82 FR 1029,
				January 4, 2017), This material is incorporated by reference, is on file with
				the Department, and does not contain any later amendments or
				additions.
C. The category
				competency standards shall be as prescribed in
				40 CFR §
										171.103(d)(3), (5) through (8), and
				(14) (82 FR 1029, January 4, 2017). This
				material is incorporated by reference, is on file with the Department, and does
				not contain any later amendments or additions.
D. To be
				certified, an applicant shall score at least 75 percent on the general
				standards ("core") examination and on the category-specific examination in each
				category for which the applicant seeks certification.
E. An applicant
				who fails an examination may not retake the examination for at least seven days
				or more than two times in a 6-month period.
F. An examination
				score is only valid for the earlier of 12 months from the date of application
				for certification or 12 months from the examination date.
G. The PMD shall
				void the examination score and deny the application of an applicant that the
				PMD determines cheated on an examination. The applicant may not reapply for one
				year.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-212 - Reciprocity

Current through Register Vol. 30, No. 28, July 12, 2024
The director may waive the examination requirements in whole
				  or in part for an individual who is certified as an applicator by another
				  state, federal, or tribal agency under an approved EPA certification plan. In
				  order to qualify for reciprocity:
1.
				An applicant must apply for Arizona reciprocal certification. In that
				application, the candidate must:
a. Shall
				provide information as in
				R3-8-203 or
				R3-3-204, as applicable.
b. Submit the department required form to
				their state, federal or tribal agency for verification of
				certification.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-213 - Political Subdivision Responsible Individual

Current through Register Vol. 30, No. 28, July 12, 2024
A. A political subdivision that uses
				pesticides to conduct pest management on property that is owned, leased or
				managed by the political subdivision, including easements, shall designate an
				individual or individuals responsible for the following:
1. Responding to inquiries or concerns by the
				Director or the Director's designee regarding compliance with A.R.S. Title 3,
				Chapter 20.
2. Identifying for the
				Director or the Director's designee where records required by this Chapter are
				maintained, where personal protection equipment is located, and where
				pesticides are stored.
3.
				Demonstrating that all applicators are properly certified.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-215 - Continuing Education

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				certified applicator who is not a QA shall, during the current certification
				period, obtain six CEUs in order to renew the certification for one year or 12
				CEUs in order to renew for two years.
B. A QA shall, during the current
				certification period, obtain 12 CEUs in order to renew the certification for
				one year or 24 CEUs in order to renew for two years.
C. For an individual who holds both a
				certified applicator license and a QA license, obtaining the units required in
				subsection (B) satisfies the requirement in subsection (A).
D. CEUs earned during a certification period
				that are in excess of the requirements in this Section do not carry forward for
				use in a subsequent certification period.
E. An applicator who teaches a continuing
				education course may earn one unit of continuing education for each hour
				taught, not more than once during a calendar year.
F. No CEU credit will be earned by an
				attendee of a continuing education course who does not complete the
				course.
G. No CEU credit will be
				earned by an attendee of a continuing education course who had previously
				attended the same course during the same licensing period.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 2 - CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION › Section R3-8-216 - Continuing Education Approval

Current through Register Vol. 30, No. 28, July 12, 2024
A. Only continuing education courses approved
				by the PMD may be used to satisfy the continuing education requirement in
				R3-8-215. The PMD shall approve a
				continuing education course only if the course addresses: what is found in
				R3-8-211(B) and
				(C).
B. A person who wishes to have the PMD
				determine whether a course qualifies for CEU credit shall submit the following
				information to the PMD:
1. Type of continuing
				education listed under subsection (A);
2. Name of continuing education
				provider;
3. Address and telephone
				number of continuing education provider;
4. Course outline, listing the subjects and
				indicating the amount of time allocated for each subject;
5. Brief description of the information
				covered within each subject;
6.
				Brief biography of the presenter, demonstrating the presenter's
				qualifications;
7. Whether a fee is
				charged for attending the course;
8. Date and location of each
				session;
9. Whether the course is
				open to the public;
10. Number of
				continuing education units sought;
11. Previous continuing education number, if
				any; and
12. Dated signature of
				applicant;
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 3 - PEST MANAGEMENT › Section R3-8-301 - Using Pesticides and Devices

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicator shall use only a pesticide
				that is currently registered for use by the Department or was registered by the
				Department and does not have a passed EPA end use date.
B. An applicator shall not misuse a pesticide
				or device. It is misuse of a pesticide or device if an applicator:
1. Applies, handles, stores, or disposes of a
				pesticide or device in a manner that is inconsistent with the label or
				labeling;
2. Provides a pest
				management service or handles a pesticide without wearing clothing and using
				the personal protective equipment required by the label or labeling to protect
				the applicator from pesticide exposure;
3. Uses a pesticide in a manner that causes
				the pesticide to come into contact with a per-son, other than the applicator,
				animal, or property, other than the property receiving the pest management
				service, unless the contact results from an accident beyond the reasonable
				control of the applicator;
4. Uses
				a pesticide in a food-handling establishment that is not labeled for
				foodhandling establishment; and
5.
				Uses a pesticide in a manner that contaminates food, feed, or drugs or
				equipment used to prepare or serve food, feed, or drugs.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 3 - PEST MANAGEMENT › Section R3-8-302 - Storing and Disposing of Pesticides and Devices

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicator shall store and dispose of a
				pesticide or device in a manner consistent with its label and
				labeling.
B. An applicator shall
				store a pesticide in a closed container that is free from corrosion, leakage,
				or pesticide contamination on the outside of the container and properly
				labeled.
C. An applicator shall
				ensure that a service container bears a durable and legible specimen label with
				the following information:
1. The name,
				address, and telephone number of the business licensee or political
				subdivision;
2. The common chemical
				or trade name of the principal active ingredients;
3. The EPA registration number;
4. The strength of the concentrate or
				dilution expressed as a percentage of active ingredients;
5. Any signal word required on the label;
				and
6. The phrase "KEEP OUT OF
				REACH OF CHILDREN."
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 3 - PEST MANAGEMENT › Section R3-8-303 - Pesticide and Device Storage Area

Current through Register Vol. 30, No. 28, July 12, 2024
A. A business licensee or political
				subdivision shall provide a pesticide and device storage area that complies
				with all federal, state, and local laws. The storage area may include an area
				on a service vehicle.
B. A business
				licensee or political subdivision shall secure the storage area required under
				subsection (A) from unauthorized entry by equipping its entrance or access with
				a lock.
C. Immediately after
				storing a pesticide, a business licensee or political subdivision shall
				conspicuously post a sign at the entrance or access to a non-vehicle storage
				area and on a vehicle storage area indicating there is a pesticide, chemical,
				or poison stored inside.
D. A
				business licensee or political subdivision shall provide sufficient ventilation
				to the outside of the storage area required under subsection (A) to prevent
				build-up of odors and preclude chemical injury to an individual or
				animal.
E. A business licensee or
				political subdivision shall provide the following in or immediately adjacent to
				the storage area required under subsection (A), including a storage area on a
				service vehicle:
1. Electric or
				battery-powered lighting that is sufficient to read a pesticide
				label;
2. Fully charged and
				operational fire extinguisher or fire suppression system appropriate to each
				pesticide stored in the area;
3.
				Emergency medical information including the telephone number of the state or
				local poison control center;
4.
				Material capable of absorbing a spill or leak of at least one gallon;
5. Specimen label and SDS for each pesticide
				stored in the area; and
6. Washing
				facilities that include at least one gallon of fresh water, soap, and
				towels.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 3 - PEST MANAGEMENT › Section R3-8-304 - Devices Exempt from Licensure and Registration; Advertising

Current through Register Vol. 30, No. 28, July 12, 2024
A. The following devices are not subject to
				the licensure and registration requirements of this Chapter or the PMD's
				statutes:
1. Physical barriers used to remove
				or prevent infestation by pests;
2.
				Equipment used for the physical removal of pests or the habitat of
				pests;
3. Mechanical equipment used
				for the physical removal of weeds and other vegetation;
4. Mechanical traps used without a
				pesticide;
5. Installation
				equipment used for home improvement or modifications;
6. Raptors used to control or relocate other
				birds; and
7. Fire arms.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 3 - PEST MANAGEMENT › Section R3-8-305 - Equipping a Service Vehicle

Current through Register Vol. 30, No. 28, July 12, 2024
A business licensee or political subdivision shall provide
				  each service vehicle with the following:
1. All equipment and supplies required by the
				label and labeling to apply properly the pesticides on the service
				vehicle;
2. A measuring and pouring
				device compatible with the pesticides on the service vehicle;
3. Protective clothing and safety equipment
				suitable for use when handling, mixing, or applying the pesticides on the
				service vehicle;
4. Material
				capable of absorbing a spill or leak of at least one gallon;
5. A storage container large enough to hold
				material contaminated by absorbing a spill or leak of pesticides;
6. At least one gallon of clean, drinkable
				water for each individual using the service vehicle at one time;
7. Uncontaminated change of
				clothing;
8. Specimen label and SDS
				for each pesticide on the service vehicle; and
9. A locking storage space designed to
				prevent a pesticide container from being damaged while in transit.