Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 13 - Pesticide Containers and Bulk Facilities › Section XXIII-1303 - Bulk Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bulk
				facilities:
1. shall be registered with LDAF
				as a bulk facility and EPA as a producing establishment;
2. shall have a written contract/agreement
				from each pesticide's registrant prior to repackaging a pesticide. The
				contract/agreement for each registrant's product shall include but not be
				limited to the following:
a. the label and
				labeling; and
b. the residue
				removal procedure; and
c. a
				description of acceptable containers;
3. shall not change the pesticide formulation
				without an EPA registration for a new pesticide formulation;
4. shall repackage the pesticide into
				containers that:
a. are identified as
				acceptable by the registrant; and
b. meet the specified criteria with respect
				to continued container integrity, required markings and openings;
5. shall be responsible for:
a. the integrity of pesticides repackaged
				into containers; and
b. securely
				attaching the label containing the net contents and EPA establishment number to
				the container;
6. can
				repackage any quantity of pesticide into containers, up to the rated capacity
				of the container. There are no limits on the size of the containers;
7. shall clean a refillable container,
				according to the residue removal procedure, if one or more of the following
				occur:
a. each tamper-evident device is not
				intact; or
b. one-way valve (if
				equipped) is not intact; or
c. the
				container previously held a pesticide product other than the pesticide product
				being refilled;
8. shall
				not refill a refillable container with an agricultural pesticide if it fails an
				inspection or is compromised in at least one of the following ways:
a. the container shows signs of rupture or
				other damage which reduces its structural integrity; or
b. the container has visible pitting,
				significant reduction in material thickness, metal fatigue, damaged threads or
				closures, or other significant defects; or
c. the container has cracks, warpage,
				corrosion or any other damage which might render it unsafe for transportation;
				or
d. there is damage to the
				fittings, valves, tamper-evident devices or other appurtenances; or
e. the integrity of the container cannot be
				repaired, reconditioned or remanufactured; or
f. The container does not bear a legible and
				durably marked serial number or other identifying code; or
g. The container does not have an intact and
				functioning one-way valve, if required or tamper-evident device on each opening
				other than a vent;
9.
				shall keep and maintain for three years the following records:
a. the registrant-bulk facility written
				contract/agreement; and
b. the
				residue removal procedure; and
c.
				the description of acceptable containers; and
d. for each time a refillable container is
				refilled with an agricultural pesticide:
i.
				the EPA registration number of the pesticide product; and
ii. the date of repackaging; and
iii. the serial number or other identifying
				code of the container;
e. for containment structures:
i. inspection date; and
ii. name of person conducting inspection or
				maintenance; and
iii. conditions
				noted and specific maintenance performed; and
f. records of how long non-stationary tanks
				(with the specified capacities) remain at the facility; and
g. construction date of the structure (for as
				long as the structure is in use and for 3 years afterwards);
10. shall have secondary
				containment structures for stationary pesticide containers except for the
				following:
a. empty containers; or
b. containers holding only rinsate or wash
				water and so labeled; or
c.
				containers holding pesticides which are gaseous at atmospheric temperature and
				pressure; or
d. containers
				dedicated to non-pesticide use and so labeled;
11. shall have containment pads for
				dispensing areas if:
a. refillable containers
				of agricultural pesticide are emptied, cleaned or rinsed; or
b. agricultural pesticides are dispensed from
				any stationary container; or
c.
				agricultural pesticides are dispensed from a transport vehicle into a
				refillable container; or
d.
				agricultural pesticides are dispensed from any other container for the purpose
				of refilling a refillable container or filling a non-refillable container for
				sale or distribution;
12. containment structures shall:
a. be constructed of steel, reinforced
				concrete or other rigid material capable of withstanding the full hydrostatic
				head and load of any substances, equipment and appurtenances placed on the
				structure; and
b. be compatible
				with the pesticides stored; and
c.
				be liquid-tight with cracks, seams and joints sealed; and
d. not be constructed of Natural earthen
				material, unfired clay and asphalt;
13. shall protect appurtenances and
				containers against damage from personnel and moving equipment.
14. shall seal appurtenances, discharge
				outlets or drains through the base or wall of existing containment structures,
				except direct connections between containment structures.
15. shall not configure appurtenances,
				discharge outlets or drains through the base or wall of new containment
				structures, except direct connections between containment structures.
16. shall control stormwater in all
				containment structures by constructing with sufficient freeboard to contain
				precipitation and prevent water and other liquids from seeping into or flowing
				onto them from adjacent land or structures.
17. shall have the following for new and
				existing secondary containment:
a. liquid
				pesticide stationary containers shall be anchored or elevated to prevent
				flotation.
b. dry pesticide
				stationary containers shall:
i. be protected
				from wind and precipitation; and
ii. be on pallets or raised concrete; and
				have a floor that extends completely beneath the pallets or raised concrete
				platforms; and
iii. be enclosed by
				a curb a minimum of 6 inches high that extends at least 2 feet beyond the
				perimeter of the container;
18. shall have the following for containment
				pads:
a. for existing pads:
i. intercept leaks and spills; and
ii. have enough surface area to extend under
				containers on it; and
iii.
				accommodate at least the portion of the vehicle where the hose or device
				couples to it, for transport vehicles delivering pesticide; and
iv. allow for removal/recovery of spilled,
				leaked or discharged material and rainfall; and
v. have no automatic pumps without overflow
				cutoffs.
b. for new pads
				be designed and constructed to:
i. intercept
				leaks and spills; and
ii. have
				enough surface area to extend under containers on it; and
iii. accommodate at least the portion of the
				vehicle where the hose or device couples to it, for transport vehicles
				delivering pesticide; and
iv. allow
				for removal/recovery of spilled, leaked or discharged material and
				rainfall;
v. have no automatic
				pumps without overflow cutoffs; and
vi. have their surface sloped toward an area
				where liquids can be collected for removal;
19. shall:
a. prevent pesticides from escaping the
				structure;
b. manage spilled and
				leaked materials no later than the end of the day of occurrence except in
				circumstances where a reasonable delay would significantly reduce the
				likelihood or severity of adverse effects to human health or the environment
				and according to the label and all regulations;
c. ensure that transfers of pesticides are
				attended;
d. lock valves on
				stationary pesticide containers or lock the facility, whenever the facility is
				unattended;
e. initiate repair to
				any areas showing damage and seal cracks and gaps no later than the end of the
				day on which damage is noticed and complete repairs within a reasonable time
				frame, taking into account factors such as the weather, and the availability of
				cleanup materials, trained staff and equipment. Additional pesticides cannot be
				stored until repairs have been made; and Equip stationary containers with
				suitable sample points for official samples.