Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 12.00 - Protection Of Groundwater Sources Of Public Drinking Water Supplies From Non-point Source Pesticide Contamination › Section 12.02 - Definitions

Current through Register 1525, July 5, 2024
Apply
means the act of releasing a pesticide to control the target pest(s) in accordance with label directions.
Groundwater Protection List
refers to the list of pesticide products which:
(1) contain a potential groundwater contaminant(s);
(2) have been registered as restricted use by the U.S. EPA due to groundwater concerns pursuant to  40 CFR 152.170, or;
(3) have been registered as state restricted use for groundwater concerns by the Pesticide Board Subcommittee.
Highly Vulnerable Site
refers to a site which meets or exceeds the following criteria:
(a) Soil Conservation Service Hydrologic Soil Group A soils, whose products of the top soil horizon, in inches, and the soil organic matter, in percent, is less than or equal to 15; and
(b) the depth to the aquifer is less than 15 feet; and
(c) the depth to the fractured bedrock or seasonable high water table is less than four feet.
Indoor Setting
refers to an application site which is not open to the soil or not vulnerable to weather conditions, including precipitation, and is located within a protected structure.
Integrated Pest Management
is an ecologically based approach to pest control, combining several different techniques including biological, mechanical, cultural and chemical controls to maintain pests below damaging levels.
Leaching Potential
refers to a pesticide which meets or exceeds the following criteria based upon the most conservative data and information published in the US EPA Environmental Fate and Groundwater Branch Pesticide Fate One-Line Summaries:
(a) water solubility greater than or equal to 3 ppm, or;
(b) Koc less than or equal to 1900, or;
(c) Kd less than or equal to 20 in the absence of a reported Koc value, and;
(d) soil half life greater than or equal to seven days.
An absent or missing reported criterion will be considered as meeting or exceeding the criteria value.
Potential Groundwater Contaminant
refers to a pesticide which meets the definitions of "Toxicological Concern" and "Leaching Potential".
Primary Recharge Area
refers to a land area determined to be a Zone II as defined in 310 CMR 22.02 or, in such cases where a Zone II area has not been approved by the Department of Environmental Protection, it shall be designated as the interim area of special protection of a one-half mile radius from any public drinking water supply well.
Public Drinking Water Supply Well
refers to a public water supply well or well field determined by the Department of Environmental Protection which meets the requirements of 310 CMR 22.21(1)(c), (d) or (e); or is registered with the Department of Environmental Protection pursuant to 310 CMR 36.04.
Soil Apply
means an application of a pesticide is made:
(a) directly onto or into the soil according to label direction terminology, including but not limited, to incorporation, injection, soil treatment, soil drench, fumigation, mixed into soil, or in seed furrow, or;
(b) to an area which has less than 50% foliar ground cover.
Toxicological Concern
refers to a pesticide which meets or exceeds of the following criteria:
(a) Lifetime Maximum Contaminant Level (MCL), Proposed Maximum Contaminant Level (pMCL), DEP Office of Research and Standards (ORS) Guidelines, or Health Advisory Level (HAL) less than or equal to 20 ppb; or
(b) US EPA classification as a known or probable human carcinogen, categories A, B1 or B2.