reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 43 - Fertilizers and Agricultural Lime › Rule 21-43.30 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
When used in this chapter:
"Agricultural liming material"
means a product
				containing calcium and magnesium Cornpounds capable of neutralizing soil
				acidity.
"Brand"
means the term, designation, trade
				name, product name, or other specific designation under which individual
				agricultural liming material is offered for sale.
"Bulk"
means in nonpackaged form.
"Calcium carbonate equivalent"
means the
				acid-neutralizing capacity of an agricultural liming material expressed as
				percentage of pure calcium carbonate.
"Effective calcium carbonate equivalent
				(ECCE)"
means the acid-neutralizing capacity of an agricultural liming
				material or specialty limestone.
"Fineness "
means the percentage by weight of
				the material which will pass U.S. standard sieves of specified sizes.
"Industrial by-product"
means agricultural
				liming material containing calcium or a Cornbination of calcium with magnesium
				and capable of neutralizing soil acidity which is derived from any industrial
				waste or by-product.
"Label"
means any written or printed material
				on or attached to the package or on the delivery ticket which acCornpanies bulk
				shipments.
"Limestone"
means a material consisting
				essentially of calcium carbonate or a Cornbination of calcium carbonate with
				magnesium carbonate capable of neutralizing soil acidity.
"Pelletizedlime "
means agricultural liming
				material containing calcium or a Cornbination of calcium with magnesium and
				capable of neutralizing soil acidity which has been processed into pellet or
				granular form, with or without binding agents.
"Percent"
or
"Percentage"
means by weight.
"Permanent production facilities"
means
				stationary crushing and screening equipment which is immobile.
"Person "
means individual, partnership,
				association, firm or corporation.
"Portableplant"
means mobile crushing and
				screening equipment mounted on wheels.
"Quarry lime "
means agricultural liming
				material containing calcium or a Cornbination of calcium with magnesium which
				has been excavated from the earth and processed by crushing and screening and
				capable of neutralizing soil acidity.
"Specialty limestone "
means agricultural
				liming material distributed primarily for nonfarm use, such as home gardens,
				lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries,
				greenhouses and nurseries.
"Ton "
means a net weight of 2,000 pounds
				avoirdupois.
"Water treatment lime"
means agricultural
				liming material containing calcium or a Cornbination of calcium with magnesium
				and capable of neutralizing soil acidity which is derived from water treatment
				plants.
"Weight"
means the weight of undried
				agricultural liming material or specialty limestone offered for
				sale.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 43 - Fertilizers and Agricultural Lime › Rule 21-43.31 - Determination of Ecce

Current through Register Vol. 47, No. 3, July 24, 2024
Agricultural liming material or specialty limestone offered for
				sale, sold or otherwise distributed in this state shall be analyzed on the
				basis of the number of pounds of effective calcium carbonate equivalent per
				ton, using the method set forth in this rule.
(1) A fineness factor shall be determined as
			 follows:
a. Multiply the percent of the total
			 material passing the number 4 sieve by one-tenth.
b. Multiply the percent of the total material
			 passing the number 8 sieve by three-tenths.
c. Multiply the percent of the total material
			 passing the number 60 sieve by six-tenths. Add the results obtained from
			 paragraph
"a, " "b "
and
"c "
of this subrule
			 to obtain the fineness factor.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 43 - Fertilizers and Agricultural Lime › Rule 21-43.32 - Sample Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Samples
			 of agricultural liming material for analyzing the number of pounds of ECCE
			 shall be obtained by taking samples from the manufacturer's production belt or
			 stockpile. A minimum of one sample and up to five samples shall be taken at
			 locations where there are permanent production facilities each year that
			 agricultural liming material is being produced. Samples shall be taken at
			 locations where there are no permanent production facilities once during the
			 time that a portable plant is at the location producing agricultural liming
			 material. Subsequent samples will be taken either during the period that the
			 portable plant is at the location or from the stockpile created, until a total
			 of three to five representative samples from the pile have been accumulated and
			 submitted for analysis. The manufacturer or producer of agricultural liming
			 material shall notify the secretary of agriculture or person or persons
			 appointed by the secretary of the production of agricultural liming material
			 seven calendar days prior to the manufacture or production of agricultural
			 liming material so that samples may be obtained by a person or persons
			 appointed by the secretary in compliance with this rule.
(2) Samples of specialty limestone for
			 analyzing the number of pounds of ECCE shall be submitted to the secretary of
			 agriculture by the manufacturer or producer of specialty limestone for analysis
			 in accordance with rule
			 21-43.33 (201A).
(3) Samples of agricultural liming material
			 may be obtained from manufacturers' or producers' production belts, stockpiles
			 or in transportation and analyzed for compliance with certification
			 requirements of rule 21-43.35 (201A). Samples of
			 specialty limestone may be obtained from packages and analyzed for compliance
			 with certification requirements of rule
			 21-43.35 (201A).
(4) Samples of water treatment plant lime for
			 analyzing the number of pounds of ECCE shall be obtained by taking samples from
			 the water plant designated sampling point. Samples shall be taken when
			 agricultural liming material is being taken off-site for land application. The
			 producer of the agricultural liming material shall notify the secretary of
			 agriculture or person(s) appointed by the secretary about the intent to land
			 apply the liming material seven calendar days prior to the land application
			 when agricultural liming material is stockpiled so that samples may be obtained
			 in compliance with this rule.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 43 - Fertilizers and Agricultural Lime › Rule 21-43.33 - Sample Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
Samples of agricultural liming material or specialty limestone
				obtained as provided in rule 43.32(201A) shall be submitted to the Soil Testing
				Laboratory, Iowa State University of Science and Technology, for analysis of
				acid neutralization capacity expressed as calcium carbonate equivalent,
				percentage of material passing a 4-, 8- and 60-mesh sieve and the percentage of
				moisture contained in the sample. The results of the analysis of each sample
				shall be submitted to the secretary of agriculture.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 43 - Fertilizers and Agricultural Lime › Rule 21-43.34 - Sample Fee

Current through Register Vol. 47, No. 3, July 24, 2024
The manufacturer or producer of agricultural liming material or
				specialty limestone shall pay a fee of no more than $60 per sample collected.
				This fee may be adjusted by the secretary of agriculture by a separate notice
				letter to each manufacturer or producer to reflect as accurately as possible
				the actual cost of sampling and testing expended by the Iowa department of
				agriculture and land stewardship for each sample collected.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 43 - Fertilizers and Agricultural Lime › Rule 21-43.35 - Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The secretary
			 of agriculture shall, upon receipt of the analysis provided in rule
			 21-43.33 (201A), certify the
			 number of pounds of ECCE, using the method provided in rule
			 21-43.31 (201A). The
			 certification shall be forwarded to the manufacturer or producer from whom the
			 sample was obtained by written notice and sent by United States mail.
Each certification of ECCE should be based on the average of a
				maximum of five analyses from five samples. Each new analysis received should
				be added to the previous five analyses and the oldest analysis shall be
				omitted. Fewer than five analyses shall be averaged on the basis of the actual
				number of analyses. Nothing in this rule shall preclude a manufacturer or
				producer from having a certification on separate stockpiles of agricultural
				liming material provided that each stockpile shall be separated from any other
				stockpile and each separate stockpile has been sampled and certified as
				required.
(2) All
			 agricultural liming material or specialty limestone offered for sale, sold or
			 otherwise distributed shall be offered for sale, sold or distributed by the
			 pound of ECCE. Any person who offers for sale, sells or distributes
			 agricultural liming material or specialty limestone shall affix or cause to be
			 affixed to every bill of lading, scale ticket, delivery receipt or other
			 instrument of sale or package the certification of the secretary of agriculture
			 of the number of pounds of ECCE per ton in the agricultural liming material or
			 specialty limestone.
The certification shall be in the following form: Iowa
				Secretary of Agriculture Certified___________ pounds ECCE per ton. The pounds
				of ECCE certified by the secretary of agriculture for the agricultural liming
				material or specialty limestone shall be inserted in the space provided.
(3) Agricultural liming material
			 which has been further processed, subsequent to certification, as provided in
			 rule 21-43.31 (201 A), including but
			 not limited to decreasing or increasing moisture content, shall have the
			 certification adjusted accordingly. Within 48 hours from the time of delivery,
			 the adjusted certification shall be provided to the ultimate consumer of the
			 agricultural liming material in writing together with the certification as
			 provided in subrule 43.35(2) and shall accurately reflect the ECCE of the
			 agricultural liming material.
(4)
			 All agricultural liming material and specialty limestone certifications shall
			 expire on January 1, three years after being issued, provided no samples have
			 been obtained and analyzed.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 43 - Fertilizers and Agricultural Lime › Rule 21-43.36 - Cornpliance With Certification

Current through Register Vol. 47, No. 3, July 24, 2024
If official sampling and analysis of agricultural liming
				material or specialty limestone in accordance with subrule 43.32(3) and rule
				43.33(201A) indicates that the agricultural liming material or specialty
				limestone does not meet a minimum of 90 percent of the certification as
				provided in rule 43.35(201A), the secretary shall notify the manufacturer or
				producer of the agricultural liming material or specialty limestone that the
				certification must be corrected prior to any further sale, distribution or
				offer for sale of the agricultural liming material or specialty limestone in
				Iowa. The secretary may request that monetary reimbursement be made to the
				purchaser to rectify the deficiency of the agricultural liming material or
				specialty limestone and that the monetary reimbursement be reported to the
				department. Reimbursement must be made within 30 days of the reported
				deficiency.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 43 - Fertilizers and Agricultural Lime › Rule 21-43.37 - Labeling

Current through Register Vol. 47, No. 3, July 24, 2024
Agricultural liming material shall not be offered for sale,
				sold or otherwise distributed in this state unless a label acCornpanies the
				agricultural liming material which provides the identification of the type of
				agricultural liming material in accordance with rule
				43.30(201A).
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 43 - Fertilizers and Agricultural Lime › Rule 21-43.38 - Toxic Materials Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
It shall be unlawful for any manufacturer or producer of
				agricultural liming material or specialty limestone to sell, distribute or
				offer for sale any agricultural liming material or specialty limestone which
				contains toxic materials in quantities injurious to plant, animal, human or
				aquatic life or which causes soil or water contamination. The secretary may
				require additional laboratory analysis be conducted and results submitted to
				the department by the manufacturer or producer of agricultural liming material
				or specialty limestone to determine that the product does not contain an
				injurious quantity of toxic materials.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 43 - Fertilizers and Agricultural Lime › Rule 21-43.39 - Added Materials

Current through Register Vol. 47, No. 3, July 24, 2024
It shall be unlawful to sell, distribute or offer for sale any
				agricultural liming material or specialty limestone which contains other added
				materials unless the added materials are registered and guaranteed as provided
				in Iowa Code section
				200.5(1),
				except binding materials used in the production of pelletized lime as defined
				in rule 43.30(20IA).
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 43 - Fertilizers and Agricultural Lime › Rule 21-43.40 - Egg Shells

Current through Register Vol. 47, No. 3, July 24, 2024
The following shall apply to any agricultural liming material
				that consists primarily of egg shells:
1. With the exception of paragraph "2," the
			 material shall be stored in a structure that prevents precipitation from
			 contacting the stored material.
2.
			 The material may be stored in a manner not meeting the requirements of
			 paragraph "1" for a period of not more than 14 days in the field where the
			 material will be land-applied.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Where used in these rules:
"Aerial applicator "
means a Cornmercial
				applicator who is certified in # 11-Aerial Application and who applies the
				pesticide by using an aircraft.
"Bulk pesticide"
means any registered
				pesticide which is transported or held in an individual container in imdivided
				quantities of greater than 55 U.S. gallons liquid measure or 100 pounds net dry
				weight.
"Bulk repackaging "
means the transfer of a
				registered pesticide from one bulk container (containing undivided quantities
				of greater than 55 U.S. gallons liquid measure or 100 pounds net dry weight) to
				another bulk container (containing imdivided quantities of greater than 55 U.S.
				gallons liquid measure or 100 pounds of net dry weight) in an unaltered state
				in preparation for sale or distribution to another person.
"Certified Cornmercial applicator "
means a
				pesticide applicator or individual who applies or uses a pesticide or device on
				any property of another for Cornpensation.
"Mobile containers "
means containers designed
				and used for transporting pesticide materials.
"Nonmohile containers"
means all containers
				not defined as mobile.
"Permanent pesticide storage and mixing site"
means a site where pesticides are being stored for more than 30 days per year
				and at which more than 300 gallons of liquid pesticide or 300 pounds of dry
				pesticide are being mixed, repackaged or transferred from one container to
				another within a 30-day period.
"Secondary containment"
means any structure
				used to prevent runoff or leaching of pesticide materials.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.2 - On-site Containment of Pesticides

Current through Register Vol. 47, No. 3, July 24, 2024
All nonmobile bulk pesticide storage containers shall be
				located within a watertight secondary containment facility.
All mixing, repackaging and transfer of pesticides from one
				container to another performed at a permanent pesticide storage and mixing site
				shall be done within a containment area. The designated site shall be paved
				with asphalt or concrete and be elevated above the surrounding area or curbed
				so as not to receive runoff from surrounding areas that would overload the
				recovery system and shall slope to a discharge point that allows materials to
				flow to a watertight containment structure in Cornpliance with rule 21.4.10
				(206).
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.3 - Design Plans and Specifications

Current through Register Vol. 47, No. 3, July 24, 2024
Design plans and specifications for facilities required under
				these rules shall be submitted to the Iowa department of agriculture and land
				stewardship prior to the start of construction, along with certification from
				an Iowa registered engineer (as defined in Iowa Code chapter 542B) that the
				designed facilities will Cornply with all requirements of these rules.
A person may deviate from the requirements of these rules if
				such deviations are clearly noted on the design plans and specifications, along
				with certification from an Iowa registered engineer that these deviations will
				not reduce the effectiveness of the facilities in protecting surface or
				groundwaters.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.4 - Certification of Construction

Current through Register Vol. 47, No. 3, July 24, 2024
Upon Cornpletion of construction, certification by the owner or
				owner's agent shall be made to the Iowa department of agriculture and land
				stewardship that the facilities were constructed in accordance with rules
				44.2(206) to 44.11(206). If departmental investigation, subsequent to the
				Cornpletion of construction, determines the constructed facilities were not
				constructed in accordance with the submitted plans and specifications or the
				requirements of these rules, the owner shall correct any deficiencies in a
				timely manner as set forth by the department.
The department may exempt any person from a requirement under
				rules
				21-44.2
				(206) to
				21-44.11
				(206) if an engineering justification is provided demonstrating variations from
				the requirements will result in at least equivalent
				effectiveness.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.5 - New Pesticide Storage and Mixing Site Location

Current through Register Vol. 47, No. 3, July 24, 2024
New permanent storage and mixing sites as defined in rule
				44.1(206) shall be selected in accordance with requirements of the Iowa
				department of natural resources. The new site, if located in a flood plain,
				shall be protected from inundation from floods. New permanent pesticide storage
				and mixing sites shall be located a minimum of 400 feet from public water
				supply wells or below ground level finished water storage facilities and a
				minimum of 150 feet from private water supply wells.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.6 - Pesticide Storage and Mixing Site

Current through Register Vol. 47, No. 3, July 24, 2024
Each site shall Cornply with those ordinances and regulations
				enacted by the city or county affected by such location that related to the
				location of such sites. All sites and facilities where flammable pesticides are
				stored shall Cornply with state and federal fire protection rules and
				regulations, including the National Fire Protection Standards (Standard 30) for
				storage of flammable liquids.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.7 - Secondary Containment for Nonmobile Bulk Pesticide Storage and Mixing

Current through Register Vol. 47, No. 3, July 24, 2024
Base and walls of secondary containment facilities must be
				constructed of concrete, steel or other impervious materials which are
				Cornpatible with the pesticides being stored and will maintain their integrity
				under fire conditions. Storage containers must be anchored, as necessary, to
				prevent flotation or instability in the event of discharge into the secondary
				containment facility. Routine inspection is required to ensure against cracks
				or other conditions that may reduce the effectiveness of the containment
				facility. Cracks that occur in a secondary containment structure must be
				repaired with an acceptable sealant, and other repairs shall be made as needed
				to maintain the effectiveness of the containment facility.
The diked area shall not have a relief outlet and valve. The
				base shall slope to a collecting spot where precipitation water may be pumped
				out, provided the liquid is not contaminated with pesticides. If contaminated
				with a pesticide, the liquid shall be disposed of in accordance with applicable
				hazardous or solid waste requirements or field applied according to the
				pesticide label instructions.
(1)
			 Storage in other than an enclosed structure.
a. Secondary containment for nonmobile bulk
			 liquid pesticide storage located in other than an enclosed structure shall be
			 constructed with a volume sufficient to contain a minimum of 110 percent of the
			 capacity of the largest single container, plus the space occupied by other
			 tanks located within the secondary containment structure.
b. Secondary containment for nonmobile bulk
			 dry pesticide storage located in other than an enclosed structure shall be
			 constructed to contain any releases of dry pesticide. The secondary containment
			 will have as a minimum a six-inch high curb separated horizontally from the
			 storage vessel a minimum of three feet. Provisions shall be made for the
			 collection of rainwater, and rainwater shall not be allowed to accumulate in
			 the containment structure.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.8 - Pesticide Storage and Mixing Site Containers

Current through Register Vol. 47, No. 3, July 24, 2024
Containers used for pesticide storage and handling shall be of
				materials and construction Cornpatible with the pesticide stored and the
				conditions of storage and maintained in a manner as to minimize the possibility
				of a spill.
(1) Storage container
			 labeling and protection. Upon delivery of the bulk pesticide, the registered
			 product label shall be affixed in a prominent location on the bulk pesticide
			 storage container and designed to remain intact and legible through active use
			 of container
Locking devices are required on bulk pesticide storage
				containers and all valves shall be closed and locked when the facility is left
				imattended.
Containers, pipes and valves must be protected against
				reasonably foreseeable risks of damage by trucks and other moving
				vehicles.
(2)
			 Reserved.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.9 - Transportation of Bulk Pesticides

Current through Register Vol. 47, No. 3, July 24, 2024
Bulk pesticide containers shall meet all applicable standards
				of the appropriate state and U.S. Department of Transportation laws and
				regulations.
(1) Mobile bulk pesticide
			 containers shall be secured to prevent significant movement during
			 transportation.
(2) Mobile bulk
			 pesticide containers shall bear the registered product label for the material
			 contained therein.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.10 - Mixing, Repackaging and Transfer of Pesticides

Current through Register Vol. 47, No. 3, July 24, 2024
Pesticides shall be mixed, repackaged and transferred in a
				manner that will prevent unreasonable adverse effects to humans or to the
				environment. physical and chemical properties, including volatility, toxicity
				and flammability, shall be considered in the mixing, repackaging and transfer
				of pesticides.
(1) Spilled, leaked or
			 unchecked pesticides.
a. Liquid pesticides
			 that are spilled, leaked or otherwise unchecked during the normal operation of
			 permanent pesticide storage and mixing sites (including the mixing, repackaging
			 and transfer of pesticides) must discharge or drain into a watertight catch
			 basin from which discharges are to be recovered, including discharge from any
			 empty pesticide containers not rinsed according to label.
b. Dry pesticides that are spilled or
			 otherwise unchecked during normal operation of permanent pesticide storage and
			 mixing sites (including the mixing, repackaging and transfer of pesticides)
			 must be located within an operational containment area that is curbed and
			 watertight to facilitate the recovery of any product spilled.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.11 - Distribution of Bulk Pesticides

Current through Register Vol. 47, No. 3, July 24, 2024
Bulk repackaging for sale or delivery may be made provided the
				establishment conducting the transfer, sale or delivery shall Cornply with
				FIFRA, Section 7 (registration of pesticide producing establishments).
(1) There shall be no change in pesticide
			 product labeling, except for the addition of the required EPA establishment
			 number and net contents statement; or identity of the party accountable for the
			 integrity of the product, i.e., the manufacturer or registrant as evidenced by
			 the assigned EPA product registration number
(2) A written letter of authorization from
			 the registrant is required for the bulk repackaging.
(3) Bulk repackaging may be made only into
			 containers which conform with rules
			 21-44.8
			 (206) and 44.9(206) and which meet the approval of the seller of the
			 pesticide.
(4) Scales or meters
			 used for bulk pesticide sales shall meet the specifications, tolerances and
			 other technical requirements for weighing and measuring devices as specified by
			 the Iowa department of agriculture and land stewardship, bureau of weights and
			 measures.
(5) Appropriate measures
			 shall be taken to prevent contamination of product when meters or other devices
			 are used to dispense pesticides.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.12 - Secondary Containment for Aerial Applicator Aircraft

Current through Register Vol. 47, No. 3, July 24, 2024
If the spray Cornponent of an aircraft is being drained or
				repaired during aircraft maintenance, secondary containment with permanent
				devices or portable devices suitable for use with pesticides is
				required.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.50 - On-site Containment of Fertilizers and Soil Conditioners

Current through Register Vol. 47, No. 3, July 24, 2024
EiTective February 18, 1987, all new construction of fertilizer
				and soil conditioner facilities shall provide secondary product containment as
				specified in rules
				21-44.51 (200) to
				21-44.58
				(200). Effective February 18, 1997, ten years after the adoption of these
				rules, all fertilizer and soil conditioner facilities shall provide secondary
				product containment as specified in these rules.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.51 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Minimally manipulated manures."
Minimally
				processed, nonliquid substances composed primarily of excreta, plant remains,
				or mixtures of such substances.
"Minimally processed."
Processing a nonliquid
				substance in a manner which does not modify the nutrient value on a dry matter
				basis.
"Mobile containers."
Containers designed and
				used for transporting fertilizer or soil conditioner materials.
"Nonmobile containers."
All containers not
				defined as mobile.
"Permanent storage site."
Location where
				nonmobile containers are used for fertilizer and soil conditioner storage in
				quantities of 5,000 gallons or more. One container or a combination of
				containers with a volume of 5,000 gallons or less is exempt.
"Secondary containment."
Any structure used to
				prevent runoff or leaching of fertilizer or soil conditioner
				materials.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.52 - Design Plans and Specifications

Current through Register Vol. 47, No. 3, July 24, 2024
Design plans and specifications for facilities required under
				these rules shall be submitted to the Iowa department of agriculture and land
				stewardship prior to the start of construction, along with certification from a
				registered engineer (as defined in Iowa Code chapter 542B) that the designed
				facilities will Cornply with all requirements of these rules.
A person may deviate from the requirements of these rules if
				such deviations are clearly noted on the design plans and specifications, along
				with certification from a registered engineer that these deviations will not
				reduce the effectiveness of the facilities in protecting surface or
				groundwaters.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.53 - New Fertilizer or Soil Conditioner Storage Site Location

Current through Register Vol. 47, No. 3, July 24, 2024
New permanent storage sites as defined in rule
				21-44.51 (200) shall
				be selected in accordance with the requirements of the Iowa department of
				natural resources. The new site, if located in a floodplain, shall be protected
				from inundation from floods. New permanent fertilizer and soil conditioner
				storage sites shall be located at a minimum of 400 feet from public water
				supply wells or below ground level finished water storage facilities and a
				minimum of 150 feet from private water supply wells.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.54 - Certification of Construction

Current through Register Vol. 47, No. 3, July 24, 2024
Upon Cornpletion of construction, certification by the owner or
				owner's agent shall be made to the Iowa department of agriculture and land
				stewardship that the facilities were constructed in accordance with rules
				21-44.52
				(200) to
				21-44.58
				(200). If departmental investigation, subsequent to the Cornpletion of
				construction, determines the constructed facilities were not constructed in
				accordance with the submitted plans and specifications or the requirements of
				these rules, the owner shall correct any deficiencies in a timely manner as set
				forth by the department.
The department may exempt any person from a requirement under
				rules
				21-44.52
				(200) to
				21-44.58
				(200) if an engineering justification is provided demonstrating variations from
				the requirements will result in at least equivalent
				effectiveness.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.55 - Secondary Containment for Liquid Fertilizers and Liquid Soil Conditioner Storage

Current through Register Vol. 47, No. 3, July 24, 2024
All liquid fertilizer and soil conditioner storage facilities,
				except anhydrous ammonia storage facilities, as defined in rule
				21-44.51 (200) shall
				be located within a secondary containment structure. The secondary containment
				structure shall have a volume 20 percent greater than the volume of the largest
				storage tank within the area, plus the space occupied by the other tanks in the
				area, and may be constructed of earth, concrete, or a Cornbination of
				both.
(1) Secondary containment
			 structures constructed entirely or partially of earth shall Cornply with the
			 following minimum requirements:
a. The soil
			 surface, including dike, shall be constructed to prevent downward water
			 movement at rates greater than 1 x 10-6 cm/sec, and
			 shall be maintained to prevent downward water movement at rates greater than
			 1x10-5 cm/sec. The method of achieving a
			 satisfactory seal shall be determined by a registered engineer
b. Dike shall be protected against erosion.
			 If the slope is 30 degrees or less, grass can be sufficient protection,
			 provided it does not interfere with the required soil seal. If greater than 30
			 degrees, other methods of erosion protection shall be used.
c. Top width of dike shall be no less than
			 2½ feet. The slope should be no greater than 45 degrees.
d. The diked area shall not have a relief
			 outlet and valve. The base shall slope to a collecting spot where storm water
			 can be pumped over the berm, provided the liquid is not contaminated with
			 fertilizer or soil conditioner materials. If contaminated with liquid
			 fertilizer or soil conditioner, the liquid shall be field applied at normal
			 fertilizer application rates or transferred to auxiliary storage
			 tanks.
e. Storage containers shall
			 be anchored or placed on a raised area to prevent flotation or instability in
			 the event of discharge into the secondary containment facility.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.56 - Secondary Containment for Nonliquid Fertilizers and Soil Conditioners

Current through Register Vol. 47, No. 3, July 24, 2024
Nonliquid fertilizer and soil conditioner stored in a totally
				enclosed building and a soil conditioner meeting the requirements of subrule
				44.56(3) are exempt from the requirements of this rule. Unless stored in a
				totally enclosed building, or soil conditioners meeting the requirements under
				subrule 44.56(3), all nonliquid fertilizer and soil conditioner materials shall
				be stored within an area which drains into a secondary containment structure.
				The secondary containment structure shall have a volume sufficient to retain
				the equivalent of 12 inches of runoff from the area drained into the
				containment structure. This minimum storage volume may be provided within the
				containment structure or in auxiliary storage tanks, and may be constructed of
				earth, concrete, or a combination of both.
(1) Secondary containment structures
			 constructed entirely or partially of earth shall comply with the following
			 requirements:
a. The soil surface, including
			 dike, shall be constructed to prevent downward water movement at rates greater
			 than 1 x 10-6cm/sec., and shall be maintained to
			 prevent downward water movement at rates greater than 1 x
			 10-5cm/sec. The method of achieving a satisfactory
			 seal shall be determined by a registered engineer.
b. Dike shall be protected against erosion.
			 If the slope is 30 degrees or less, grass can be sufficient protection,
			 provided it does not interfere with the required soil seal. If greater than 30
			 degrees, other methods of erosion protection shall be used.
c. Top width of dike shall be no less than
			 2½; feet. The slope should be no greater than 45 degrees.
d. The diked area shall not have a relief
			 outlet.
e. All liquid and other
			 material collected shall be field applied at normal fertilizer application
			 rates or transferred to auxiliary storage tanks.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.57 - Fertilizer Loading, Unloading, and Mixing Area

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All loading, unloading, and mixing of
			 liquid fertilizer or liquid soil conditioners, unless performed in the field of
			 application, shall be done within a containment area. The containment area
			 shall be large enough to prevent spillage onto unprotected areas and paved with
			 asphalt, concrete, or other impervious material. It shall slope to a recovery
			 system that will allow collected materials to move to a containment structure
			 which Cornplies with rule
			 21-44.55
			 (200). In addition, the area shall be so constructed, using curbs or other
			 means, as to prevent spilled materials from running out of the containment
			 area. Any contaminated liquid or material shall be field applied at normal
			 fertilizer rates or used in a liquid mixing operation.
(2) All loading or mixing of nonliquid
			 fertilizers or nonliquid soil conditioners at permanent storage sites shall be
			 done in an area paved with asphalt, concrete or other impervious materials. The
			 area shall also be so constructed, using curbs or other means to prevent runon
			 or runoff of storm water generated by a four-inch rain. The area shall contain
			 a recessed catch basin so that contaminated water can be moved to storage tanks
			 or a secondary containment area. Uncontaminated rain water, ice, or snow can be
			 discharged as storm water Any contaminated water or other materials shall be
			 field applied at normal fertilizer rates or used in a liquid mixing
			 operation.
(3) A spill containment
			 structure will not be required if loading, unloading, or mixing of a nonliquid
			 fertilizer or nonliquid soil conditioners is done entirely within an enclosed
			 building and no washing operations are conducted within the enclosed
			 area.
(4) Unloading of all types of
			 equipment and loading of railroad cars with nonliquid fertilizer or nonliquid
			 soil conditioners shall be exempt from the containment area provisions of
			 subrule 44.57(2) provided any materials spilled during the unloading/loading
			 operations are promptly cleaned up and fed back into the unloading/loading
			 system.
(5) Rules
			 21-44.2
			 (206) to
			 21-44.11
			 (206) shall apply when fertilizers or soil conditioners and pesticides are
			 Cornbined.
(6) Fertilizers and soil
			 conditioners must be handled in a manner that minimizes dust and vapors from
			 movement off of the site.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 44 - On-site Containment of Pesticides, Fertilizers and Soil Conditioners › Rule 21-44.58 - Wash Water and Rinsates

Current through Register Vol. 47, No. 3, July 24, 2024
All washing of fertilizer and soil conditioner handling and
				application equipment at permanent storage sites shall be conducted within an
				area which drains into a containment structure which Cornplies with rule
				21-44.55
				(200). No fertilizer rinsates or wash waters from fertilizer or soil
				conditioner equipment shall be disposed of through sanitary or storm sewer
				systems. Field washing of fertilizer or soil conditioner equipment is
				permissible and encouraged if performed at the site of final fertilizer or soil
				conditioner application for a given day and no runoff from the wash site
				occurs.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.2 - Methods of Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
The current methods of analysis of the Association of Official
				Analytical Chemists of North America shall be adopted as the official methods
				insofar as they are applicable, and such other methods shall be used as may be
				necessary to determine whether the product Cornplies with the
				law.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.3 - Registration Required

Current through Register Vol. 47, No. 3, July 24, 2024
No person shall distribute, give, sell or offer to sell any
				pesticide which has not been registered with the department of agriculture and
				land stewardship.
(1)
Registration fees.
All pesticides distributed for sale in the
			 state of Iowa shall be registered pursuant to Iowa Code section
			 206.12. The registration period
			 shall be January 1 through December 31 of each year. A registration fee shall
			 be paid for each brand and grade of pesticide.
Each registrant shall submit an application for registration on
				forms approved by the secretary of agriculture. The registration fee for each
				product shall be submitted with the application for registration. Application
				for new or initial registrations of pesticide products shall be accompanied by
				the minimum registration fee.
(2)
Renewal fees.
Rescinded
			 IAB 1/11/23, effective 2/15/23.
(3)
Exemption from minimum fee.
A manufacturer or registrant of a
			 pesticide product may file a request for an exemption to the minimum product
			 registration fee and the secretary may grant an exemption to the minimum
			 registration fee for a period not to exceed one year provided that at least one
			 of the following conditions is met:
a. The
			 application is for pesticide product renewal registration; and the total annual
			 sales in Iowa are less than $20,000; and no similar pesticides are registered
			 in the state. A similar pesticide shall be of similar composition and labeled
			 for a similar use pattern provided that the applicant submits a signed
			 affidavit reflecting gross annual sales in Iowa of the pesticide produced for
			 the previous year.
b. The pesticide
			 product is formulated or comprised of naturally occurring substances including,
			 but not limited to, plant or animal derivatives or microorganisms, and which
			 has an oral LD50 toxicity of 5000 milligrams per kilogram or greater.
c. Pesticides registered under the authority
			 of Section 18 of the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA)
			 for emergency, crisis or public health quarantine situations, when the
			 secretary of agriculture initiates the application.
d. Pesticides registered under the authority
			 of Section 24(c) of FIFRA when the secretary of agriculture initiates the
			 application.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.4 - Registration of Products

Current through Register Vol. 47, No. 3, July 24, 2024
One exact copy of the labeling of each proposed product shall
				be submitted with the application. Also, there shall be submitted an ingredient
				statement, which shall comply with the provisions of
				21-45.13
				(206) herein, the proposed directions for use of the product, and a list of the
				specific pests that the product to be sold is intended to control, if such
				information is not contained in the labeling. Other pertinent information
				concerning ingredients and physical properties of the product shall also be
				included on request by the secretary.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.5 - Registration, General Application Of

Current through Register Vol. 47, No. 3, July 24, 2024
A registration of a pesticide is held to apply to the product
				even though manufactured at or shipped from other than the registered address.
				When a product has been registered by a manufacturer or jobber, no registration
				shall be required of other sellers of the product so registered, provided
				shipments or deliveries thereof are in the manufacturer's or registrant's
				original unopened and properly labeled container
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.7 - Changes in Labeling or Ingredient Statement

Current through Register Vol. 47, No. 3, July 24, 2024
Changes in the labeling or ingredient statement in registered
				pesticides shall be submitted in advance to the secretary for approval. The
				registrant must describe the exact change desired and proposed effective date
				and such other pertinent information that justify such changes. After the
				effective date of a change in labeling or ingredient statement the product
				shall be marketed only under the new claims or ingredient statement, except
				that a reasonable time may be allowed by the secretary for disposal of properly
				labeled stocks of the old product. Changes in the Cornposition shall not be
				allowed if such changes would result in a lowering of the product's value as a
				pesticide.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.8 - Label Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Each package of pesticide sold separately shall bear a
				Cornplete label. The label shall contain the name, brand or trademark of the
				product; name and address of the manufacturer, registrant or person for whom
				manufactured; directions for use which are necessary and if Cornplied with,
				adequate for protection of the public; statement of net content in terms of
				weight or measure in general use; and an ingredient statement. The label of
				every pesticide, if necessary to prevent injury to humans, other animals and
				useful vegetation, must contain a warning or caution statement, in nontechnical
				language based on the hazard involved in the use of the pesticide. In addition,
				any pesticide highly toxic to humans shall be labeled with a skull and
				crossbones and with the word "poison" prominently in red on a background of
				distinctly contrasting color; the first-aid antidote for the poison shall be
				given and instructions for safe disposal of containers.