reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 7 - Storage › Section 7-9 - Operating record

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 9.
(a) The owner
				or operator of a storage structure must keep an operating record that includes
				the following:
(1) The complete
				application.
(2) The storage
				structure site plan.
(3)
				Notification of construction required by section 7(a) of this rule.
(4) Notarized affidavit required by section
				7(c) of this rule.
(5)
				Certification by a registered professional engineer required by section 5(e) of
				this rule.
(6) The current
				emergency response plan described in section 10(a) of this rule.
(7) Documentation of any spill response
				described in section 10(b) of this rule.
(8) Documentation of maintenance activities
				on the storage structure.
(9)
				Copies of any written waivers related to reduction of the setback
				distances.
(10) All processed
				manure storage structure permits, modifications, renewals, and notifications
				applicable to the storage structure.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 7 - Storage › Section 7-10 - Emergency response plan

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 10.
(a) The
				owner or operator of a storage structure shall develop an emergency response
				plan to be kept in the operating record. The plan shall contain the following:
(1) Procedures for the following:
(A) Containing a processed manure release to
				prevent it from reaching waters of the state.
(B) Locating the source of a processed manure
				release and stopping the flow of manure.
(C) Returning released manure to the storage
				structure or an approved waste management system.
(D) Contacting the following:
(i) The owner or operator.
(ii) Any applicable local emergency or health
				authorities.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 7 - Storage › Section 7-11 - Decommissioning a processed manure storage structure

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 11.
(a) The
				owner or operator of a processed manure storage structure that plans to
				decommission a processed manure storage structure shall do the following:
(1) Continue to maintain the processed manure
				storage structure in accordance with the requirements of this article until the
				manure is removed.
(2) Follow the
				requirements in the Indiana NRCS Conservation Practice Standard Code 360,
				Closure of Waste Impoundments, November 2012*, if applicable.
(3) Have all associated appurtenances and
				conveyance structures removed from uncovered processed manure storage
				facilities.
(4) Notify the
				department:
(A) before demolishing or
				converting the use of any processed manure storage structure; and
(B) of the intended future use of the
				processed manure storage structure, if the processed manure storage structure
				is to be converted to another use.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 8 - Violations › Section 8-1 - Misbranded and adulterated manure based fertilizers; unlawful distribution

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 1.
(a) A manure
				based fertilizer is misbranded if:
(1) the
				manure based fertilizer carries any false or misleading statement; or
(2) false or misleading statements concerning
				the manure based fertilizer's nutrient value are made in any advertising media
				accompanying or associated with the manure based fertilizer.
It is unlawful to distribute a misbranded manure based
				  fertilizer.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 8 - Violations › Section 8-2 - Fraudulent or deceptive practices; cancellation of registration; refusal to register; notice; hearing

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 2.
(a) The state
				chemist may:
(1) cancel the registration of
				any brand of manure based fertilizer; or
(2) refuse to register any brand of manure
				based fertilizer in accordance with this article;
if the state chemist receives satisfactory evidence that the
				  registrant has used fraudulent or deceptive practices in the evasion or
				  attempted evasion of this article.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 8 - Violations › Section 8-3 - Stop sale, use, or removal orders

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 3.
(a) If the
				state chemist determines that a manure based fertilizer is being offered for
				sale in violation of this article, the state chemist may issue to and enforce
				upon the owner or custodian:
(1) a written or
				printed stop sale, use, or removal order; and
(2) a written or printed order to hold the
				manure based fertilizer at a designated place until:
(A) the owner or custodian complies with this
				article;
(B) the state chemist
				releases the manure based fertilizer in writing; or
(C) the violation is legally disposed of by
				written authority.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 8 - Violations › Section 8-4 - Seizure of manure based fertilizer; condemnation and disposal; release of manure based fertilizer

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 4.
(a) Any
				manure based fertilizer not in compliance with this article is subject to
				seizure based on a complaint of the state chemist filed in a court with
				jurisdiction in the area in which the manure based fertilizer is
				located.
(b) Subject to subsection
				(a), if the court finds the manure based fertilizer is in violation of this
				article and orders the condemnation of the manure based fertilizer, the manure
				based fertilizer must be disposed of in any manner consistent with the quality
				of the manure based fertilizer and the laws of the state.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 8 - Violations › Section 8-5 - Injunctions

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 5.
The state chemist may apply for a temporary or permanent
				  injunction restraining any person from violating or continuing to violate this
				  article. The remedies under this section are supplemental to other remedies
				  allowed under this article or other law.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 8 - Violations › Section 8-6 - Violations; penalties

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 6.
(a) If a
				person violates this article, the state chemist may:
(1) warn, issue a citation to, or impose a
				civil penalty on the person; or
(2)
				deny, suspend, revoke, or amend the person's registration under this
				article.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 0.5 - Definitions › Section 0.5-1 - Applicability

Current through July 10, 2024
Authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-44; IC
				  15-16-5-45; IC 15-16-5-64
Affected: IC 15-16-4; IC 15-16-5
Sec. 1. In addition to the definitions in this rule, the
				  definitions in IC 15-16-4 and IC 15-16-5 apply throughout this article.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 0.5 - Definitions › Section 0.5-2 - "Drift" defined

Current through July 10, 2024
Authority: IC 15-16-5-44
Affected: IC 15-16-5
Sec. 2.
"Drift" means the physical movement of a pesticide through
				  the air at the time of application from the target site to a nontarget site.
				  The term shall not include the movement of a pesticide, at a time after the
				  application has been made, by any of the following:
(1) Erosion.
(2) Volatility after deposition on the target
				site.
(3) Windblown soil
				particles.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 0.5 - Definitions › Section 0.5-3 - "Lawn" defined

Current through July 10, 2024
Authority: IC 15-16-4-50; IC 15-16-5-44
Affected: IC 15-16-5
Sec. 3.
"Lawn" means land area covered with turf kept closely mown
				  or land area covered with turf, trees, and shrubs. The term does not include
				  the following:
(1) Land area used for
				research for agricultural or commercial production of turf.
(2) Land area situated exclusively within a
				public or private right-of-way.
(3)
				Land area devoted to the production of an agricultural commodity.
(4) Land area devoted to use as a golf
				course.
(5) Land area situated
				within three (3) feet of the foundation of a structure when a pesticide is
				applied to the area as a preventative or control measure for structural
				pests.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 0.5 - Definitions › Section 0.5-4 - "Nontarget site" defined

Current through July 10, 2024
Authority: IC 15-16-5-44
Affected: IC 15-16-5
Sec. 4.
"Nontarget site" means a site that is not the intended target
				  site of the pesticide application or treatment, as directed by the label of the
				  pesticide product being used, including, but not limited to, the
				  following:
(1) Personal
				property.
(2) Public
				property.
(3) A body of
				water.
(4) A person.
(5) An animal.
(6) Livestock.
(7) Managed pollinators.
(8) A commodity.
(9) A desirable plant.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 0.5 - Definitions › Section 0.5-5 - "Pesticide notification registry" defined

Current through July 10, 2024
Authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-44
Affected: IC 15-16-4; IC 15-16-5
Sec. 5.
"Pesticide notification registry" means the registry created
				  and maintained by a school corporation listing the names and contact
				  information of parents and guardians of children at the school and school staff
				  who have requested to be notified of the details of pesticide applications at
				  the school.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 0.5 - Definitions › Section 0.5-6 - "School" defined

Current through July 10, 2024
Authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-44; IC
				  15-16-5-64
Affected: IC 15-16-4; IC 15-16-5
Sec. 6.
"School" has the meaning set forth in
				  355 IAC 4-0.5-8.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 0.5 - Definitions › Section 0.5-7 - "Turf" defined

Current through July 10, 2024
Authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-44; IC
				  15-16-5-64
Affected: IC 15-16-4; IC 15-16-5
Sec. 7.
"Turf" means the surface layer of soils created by growing
				  plants (usually grasses) and their matted roots.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 3 - Distribution of Pesticide Products with Restricted Uses › Section 3-1 - Definitions

Current through July 10, 2024
Authority: IC
				  15-16-4-50
Affected: IC
				  15-16-5-7;
				  IC
				  15-16-5-30
Sec. 1.
The following definitions apply throughout this rule:
(1) "Business location" means the physical
				site of each office, warehouse, salesroom, or other establishment with a
				distinct mailing or electronic address at which orders for pesticide products
				with restricted uses are brokered or accepted from certified users.
(2) "Certified user" means the following:
(A) A private applicator (IC
				15-16-5-30
				).
(B) A commercial applicator (IC
				15-16-5-7
				).
(C) A person acting as an agent
				for and under the direct supervision of clause (A) or (B).
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 3 - Distribution of Pesticide Products with Restricted Uses › Section 3-2 - Restrictions on distribution

Current through July 10, 2024
Authority: IC
				  15-16-4-50
Affected: IC 15-16-4
Sec. 2.
Restricted use pesticides shall be distributed into or within
				  Indiana only to persons who are certified users, except when such distribution
				  is for resale by a restricted use pesticide dealer.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 3 - Distribution of Pesticide Products with Restricted Uses › Section 3-3 - Distribution to certified users by registered dealers only

Current through July 10, 2024
Authority: IC
				  15-16-4-50
Affected: IC 15-16-4; IC
				  15-16-5-57
Sec. 3.
Restricted use pesticides shall be distributed to certified
				  users only by restricted use pesticide dealers who are registered in accordance
				  with IC
				  15-16-5-57
				  and in compliance with regulations pertaining thereto.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 3 - Distribution of Pesticide Products with Restricted Uses › Section 3-5 - Creation and retention of distribution records

Current through July 10, 2024
Authority: IC
				  15-16-4-50
Affected: IC 15-16-4
Sec. 5.
(a) Records
				of distributions of restricted use pesticides that include all of the items in
				subsection (c) shall be maintained by restricted use pesticide dealers and
				accessible from the business location of the dealer for a period of two (2)
				years.
(b) All written and
				electronic documentation relating to the distribution of restricted use
				pesticides must be retained by the restricted use pesticide dealer until the
				distribution is recorded as specified in subsection (a).
(c) The records to be maintained under this
				section shall include the following:
(1) Name,
				certificate number of the certified user for whom the purchase is being made,
				and the expiration date of that certificate.
(2) Date of distribution.
(3) EPA registration number and brand name of
				the product.
(4) Amount of product
				distributed.
(5) Signature of
				person ordering or taking delivery of the product.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 5 - Outdoor Lawn Pesticide Applications; Notification and Posting › Section 5-1 - Definitions

Current through July 10, 2024
Authority: IC
				  15-16-5-44
Affected: IC 15-16-5
Sec. 1.
(a) As used
				in this rule, "commercial application for hire" means the intentional
				application of pesticides for hire by any means to a lawn or any part thereof
				by or under the direct supervision of a licensed applicator for hire or by a
				registered technician.
(b) As used
				in this rule, "golf course" means an area designated and used primarily for the
				play or practice of the game of golf, including, for example, surrounding
				grounds, trees, and ornamental beds.
(c) As used in this rule, "lawn" means land
				area covered with turf kept closely mown or land area covered with turf and
				trees and shrubs. The term does not include the following:
(1) Land area used for research for
				agricultural or commercial production of turf.
(2) Land area situated exclusively within a
				public or private right-of-way.
(3)
				Land area devoted to the production of any agricultural commodity.
(4) Land area devoted to use as a golf
				course.
(5) Land area situated
				within three (3) feet of the foundation of a structure when a pesticide is
				applied to the area as a preventative or control measure for structural
				pests.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 5 - Outdoor Lawn Pesticide Applications; Notification and Posting › Section 5-2 - Posting

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-5-44
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 2.
(a) At the
				time of each commercial for hire pesticide application made intentionally to a
				lawn, an employee of the licensed pesticide application business shall place a
				lawn marker at a conspicuous point of access to the lawn.
(b) The lawn marker shall consist of a sign
				that:
(1) shall be at least four (4) inches
				by five (5) inches in size;
(2) is
				constructed of sturdy, weather resistant material;
(3) shall have a background, lettering, and
				symbols in contrasting colors;
(4)
				on the prominent side, shall read "LAWN CARE APPLICATION KEEP OFF THE GRASS" in
				letters of not less than three-eighths (3/8) of an inch high;
(5) may display a symbol depicting the
				message required in subdivision (4);
(6) may display the company name and logo or
				other group or association affiliation; and
(7) shall be affixed to a sturdy nonmetallic
				support extending the bottom of the lawn marker six (6) to eighteen (18) inches
				above the turf.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 5 - Outdoor Lawn Pesticide Applications; Notification and Posting › Section 5-3 - Customer notification

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-5-44
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 3.
(a) At the
				time of each commercial for hire pesticide application made intentionally to a
				lawn, an employee of the licensed pesticide application business shall provide
				the customer with written notification containing the following:
(1) Name and immediate contact information of
				the licensed pesticide application business.
(2) Name and license or registration number
				of the individual who made the application.
(3) Date and time of application.
(4) Type of pesticide application service and
				brand name of pesticides applied, which shall be listed, at a minimum, as one
				(1) or more of the following:
(A) Grassy weed
				control (brand name).
(B) Broadleaf
				weed control (brand name).
(C)
				Insect control (brand name).
(D)
				Disease control (brand name).
(E)
				Other pest control not adequately described in clauses (A) through (D) (brand
				name).
(5)
				Post-application label safety precautions for each pesticide, including, but
				not limited to, instructions to the customer to keep humans and pets off the
				treated areas until the application has dried.
(6) Instructions to the customer to remove
				the lawn marker no sooner than the day following the application.
(7) Instructions to the customer to contact
				the business telephone number if more specific information is desired regarding
				the pesticide product applied.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 6 - Civil Penalty Assessment Schedule › Section 6-4 - Determining the violation number and count of violations to be assessed

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-69
Affected: IC 15-16-4
Sec. 4.
For purposes of imposing civil penalties, the state chemist
				  shall comply with the following when determining the violation number and the
				  count of violations:
(1) Only
				violations committed within the immediate past five (5) years of the date of
				the violation being addressed shall be considered.
(2) A person's violation numbers shall
				accumulate as first, second, third, etc., independently for each violation
				listed on the schedule.
(3) When
				multiple different but similar or related violations are committed by a single
				distinguishable act or failure to act, only one (1) of those violations may be
				subject to a civil penalty for that act. This subdivision is intended to avoid
				duplicating civil penalty assessment for violation of multiple provisions of
				the statute or rule that may be essentially the same or closely related. This
				subdivision is not intended to limit in any way civil penalty assessment for
				violations that are the result of more than one (1) distinguishable unrelated
				act or failure to act or a violation of a continuing or repetitive
				nature.
(4) When civil penalty
				assessment procedures outlined in subdivision (3) are being followed, the state
				chemist will utilize the appropriate violation with the highest penalty listed
				on the schedule.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 6 - Civil Penalty Assessment Schedule › Section 6-5 - Potential penalty mitigation

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-69
Affected: IC 15-16-4
Sec. 5.
(a) The
				amount of a civil penalty may be adjusted downward to reflect particular
				mitigating factors. Some factors that may be considered are the following:
(1) Good faith efforts of the violator to
				comply.
(2) Cooperation by the
				violator with the state chemist during the investigation process.
(3) The violator's history of
				compliance.
(4) Whether the
				violation involved a restricted use pesticide.
(5) The potential for damage.
(6) Remedial or corrective action taken by
				the violator.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 6 - Civil Penalty Assessment Schedule › Section 6-6 - Notification of legal recourse

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-69
Affected: IC 15-16-4
Sec. 6.
The state chemist shall notify in writing each person on whom
				  a civil penalty may be imposed of the opportunity to obtain a hearing on the
				  proposed action by filing with the board within thirty (30) days notice of the
				  action.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 6 - Civil Penalty Assessment Schedule › Section 6-7 - Imposition of civil penalties

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-69
Affected: IC 15-16-4
Sec. 7.
(a) Nothing
				in this rule shall require the state chemist to impose a civil penalty for a
				violation.
(b) The state chemist
				may initiate any of the following enforcement actions for a violation instead
				of or in addition to a civil penalty:
(1) A
				warning.
(2) A citation.
(3) A license, permit, registration, or
				certification:
(A) denial;
(B) modification;
(C) suspension; or
(D) revocation.
(4) Referral for criminal
				prosecution.
(5) Referral to the
				U.S. Environmental Protection Agency or other appropriate agency.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 6 - Civil Penalty Assessment Schedule › Section 6-8 - Penalty money collected

Current through July 10, 2024
Authority: IC
				  15-16-4-69
Affected: IC 15-16-4
Sec. 8.
(a) The
				state chemist shall credit all money collected for civil penalties to the
				Purdue University Cooperative Extension Service.
(b) The Purdue University Cooperative
				Extension Service shall use the money solely for the purpose of providing
				education about pesticides.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 8 - Indiana Pesticide Law Violators; Public Listing › Section 8-1 - Definitions

Current through July 10, 2024
Authority: IC
				  15-16-4-52; IC
				  15-16-4-69;
				  IC
				  15-16-5-44;
				  IC
				  15-16-5-65
Affected: IC 15-16-4; IC 15-16-5
Sec. 1.
(a) As used
				in this rule, "criteria for publicly listing" means the standards on which a
				decision will be made by the state chemist to include the identity of a person
				who has violated any of the provisions of IC 15-3-3.5
[IC 15-3 was
				repealed by P.L. 2-2008, SECTION 83, effective July 1, 2008. See IC
				15-16-4.]
, IC 15-3-3.6
[IC 15-3 was repealed by P.L. 2-2008,
				SECTION 83, effective July 1, 2008. See IC 15-16-5.]
, or the rules
				thereunder, on a listing prepared for ready access and publication to the
				general public.
(b) As used in this
				rule, "person" means any:
(1)
				individual;
(2)
				partnership;
(3)
				association;
(4)
				fiduciary;
(5) corporation;
				or
(6) organized groups of persons;
whether incorporated or not.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 8 - Indiana Pesticide Law Violators; Public Listing › Section 8-2 - Applicability

Current through July 10, 2024
Authority: IC
				  15-16-4-52; IC
				  15-16-4-69;
				  IC
				  15-16-5-44;
				  IC
				  15-16-5-65
Affected: IC 15-16-4; IC 15-16-5
Sec. 2.
The criteria for publicly listing shall be applied to all
				  persons who have violated IC 15-3-3.5
[IC 15-3 was repealed by P.L.
				  2-2008, SECTION 83, effective July 1, 2008. See IC 15-16-4.]
, IC
				  15-3-3.6
[IC 15-3 was repealed by P.L. 2-2008, SECTION 83, effective
				  July 1, 2008. See IC 15-16-5.]
, or rules thereunder, but shall be
				  limited to the following:
(1) Any
				person who has been assessed a civil penalty by the state chemist.
(2) Any person who has had any certification,
				registration, license, permit, or other required credential or status issued by
				the state chemist denied, revoked, canceled, or suspended as the result of the
				violation.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 9 - Pesticide Consultants; Registration › Section 9-1 - Definitions

Current through July 10, 2024
Authority: IC 15-16-5-53
Affected: IC 15-16-5-34
Sec. 1.
The following definitions apply throughout this rule:
(1) "Employee training" means training
				approved by the state chemist that is required to be provided by the registered
				pesticide consultant to employees to enable them to accurately convey pesticide
				use and safety advice to their pesticide customers.
(2) "Public notification" means the signage
				that must be posted in a public area at the registered pesticide consultant
				establishment to notify the pesticide customer of the customer's ultimate
				responsibility to read and follow the directions on the pesticide label and
				labeling.
(3) "Registered pesticide
				consultant" means a retail business establishment that sells any pesticide,
				except restricted use pesticides as defined in IC 15-3-3.6-2(26)
[IC
				15-3 was repealed by P.L. 2-2008, SECTION 83, effective July 1, 2008. See IC
				15-16-5-34.]
, to pesticide users and whose employees provide pesticide
				selection and use advice.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 9 - Pesticide Consultants; Registration › Section 9-2 - Applicability

Current through July 10, 2024
Authority: IC 15-16-5-53
Affected: IC 15-16-5-48; IC 15-16-5-57
Sec. 2.
(a) The
				requirement to be a registered pesticide consultant shall apply to any retail
				establishment that does both of the following:
(1) Sells or offers for sale any pesticide,
				except restricted use pesticides, to pesticide users.
(2) Has employees who provide pesticide
				selection and use advice to pesticide users.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 9 - Pesticide Consultants; Registration › Section 9-3 - Registration procedures

Current through July 10, 2024
Authority: IC 15-16-5-53
Affected: IC 15-16-5-60
Sec. 3.
(a) To
				become a registered pesticide consultant, a retail establishment must do the
				following:
(1) Submit an application on a
				form provided by the state chemist. This form must list at least one (1) person
				as the contact for the business for registered pesticide consultant
				matters.
(2) Submit the thirty
				dollar ($30) registered pesticide consultant fee.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 9 - Pesticide Consultants; Registration › Section 9-4 - Requirements

Current through July 10, 2024
Authority: IC 15-16-5-53
Affected: IC 15-16-5
Sec. 4.
In order for the employees of a retail establishment to
				  provide pesticide selection and use advice, the retail establishment must do
				  the following:
(1) Register with the
				state chemist as a pesticide consultant.
(2) Provide employee training to all
				employees who provide pesticide selection and use advice.
(3) Post a notice in an area that employees
				will see to notify the employees that pesticide selection and use advice may be
				provided only by those employees who have completed the required pesticide
				consultant employee training.
(4)
				Post the public notification signage as defined in section 1(2) of this rule.
				The public notification may indicate, if desired by the retail establishment,
				that the location is registered with the state chemist as a pesticide
				consultant and trained employees may provide pesticide selection and use advice
				to customers.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 9 - Pesticide Consultants; Registration › Section 9-5 - State chemist responsibilities

Current through July 10, 2024
Authority: IC 15-16-5-53
Affected: IC 15-16-5
Sec. 5.
The responsibilities of the state chemist in administering
				  this rule shall include, but may not be limited to, the following:
(1) Maintain a listing of registered
				pesticide consultants.
(2) Provide
				relevant pesticide safety and regulatory updates to registered pesticide
				consultants through the state chemist pesticide newsletter or other appropriate
				media.
(3) Provide, to registered
				pesticide consultants, details on obtaining employee training information
				developed by the Purdue University Cooperative Extension Service.
(4) Inspect registered pesticide consultants
				and other retail establishments that sell pesticides for compliance with this
				rule.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 10 - Regulation of Pesticides Near Community Public Water Supply System Wells › Section 10-1 - Definitions

Current through July 10, 2024
Authority: IC 15-16-5-44; IC 15-16-5-64
Affected: IC 15-16-5
Sec. 1.
The following definitions apply throughout this rule:
(1) "Community public water supply system" or
				"CPWSS" means a public water supply system as referenced in
				327 IAC 8-4.1-1(5)
				 that serves at least fifteen (15) service
				connections used by year-round residents or regularly serves at least
				twenty-five (25) year-round residents.
(2) "Discharge" means a release of a
				pesticide from a storage container into secondary containment.
(3) "Impervious surface" means a surface
				composed of a watertight material that effectively prevents discharged
				pesticide from impacting the soil or ground water, and from reaching a drinking
				water well or dry well, storm or sanitary sewer, or septic system.
(4) "Isolation area" means an area as
				referenced in
				327
				IAC 8-3.4-9, which is established around a CPWSS
				production well, to protect ground water from direct contamination by
				pesticides.
(5) "Public water
				supply system" or "PWSS" means a public water supply as established by 326 IAC
				8-4.1-1(20) for the provision to the public of piped water for human
				consumption if such a system has at least fifteen (15) service connections or
				regularly serves an average of at least twenty-five (25) individuals daily at
				least sixty (60) days out of the year.
(6) "Secondary containment" means any
				structure, such as a dike, used to contain pesticide discharge from storage
				containers and prevent run-off or leaching.
(7) "State chemist" means the Indiana state
				chemist or his appointed agent.
(8)
				"Time of travel" or "TOT", as referenced in
				327 IAC
				8-4.1-1(25), means the calculated
				length of time that a particle of water takes to reach a CPWSS production well
				from a certain point.
(9) "Time of
				travel threshold" means a minimum five (5) year TOT for modeled wellhead
				protection areas or three thousand (3,000) feet for fixed radius wellhead
				protection areas as delineated in
				327 IAC
				8-4.1-1(26).
(10) "Wellhead protection area" or "WHPA" as
				referenced in
				327 IAC 8-4.1-1(27)
				 means the surface and subsurface area that
				contributes water to a CPWSS production well or well field and through which
				contaminants are likely to move and reach the well within the TOT
				threshold.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 10 - Regulation of Pesticides Near Community Public Water Supply System Wells › Section 10-2 - Prohibited activities within the isolation area

Current through July 10, 2024
Authority: IC
				  15-16-5-44;
				  IC
				  15-16-5-64
Affected: IC 15-16-5
Sec. 2.
(a) The
				following activities shall be prohibited within the isolation area, except for
				pesticides labeled for the intentional use in the treatment of water for
				drinking:
(1) Pesticide loading.
(2) Pesticide mixing.
(3) Pesticide storage.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 10 - Regulation of Pesticides Near Community Public Water Supply System Wells › Section 10-3 - Pesticide storage within the WHPA and outside of the isolation area

Current through July 10, 2024
Authority: IC
				  15-16-5-44;
				  IC
				  15-16-5-64
Affected: IC 15-16-5
Sec. 3.
(a)
				Pesticide containers stored:
(1) within a
				WHPA; and
(2) outside of an
				isolation area determined by the Indiana department of environmental
				management; and
(3) with the
				capacity to hold pesticides in undivided quantities exceeding fifty-five (55)
				U.S. gallons or one hundred (100) pounds dry product;
shall be subject to the storage and containment requirements
				  in 355 IAC 5.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 10 - Regulation of Pesticides Near Community Public Water Supply System Wells › Section 10-4 - Cleanup of discharged or spilled pesticide

Current through July 10, 2024
Authority: IC
				  15-16-5-44;
				  IC
				  15-16-5-64
Affected: IC 15-16-5
Sec. 4.
(a)
				Remediation and cleanup of a discharged or spilled pesticide in an isolation
				area shall be performed immediately upon discovery.
(b) Clean-up procedures shall be conducted
				in:
(1) accordance with the procedures on the
				pesticide product label; and
(2) a
				manner that prevents the pesticide from impacting the soil or ground water, and
				from reaching a drinking water well, dry well, storm sewer, sanitary sewer, or
				septic system.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 10 - Regulation of Pesticides Near Community Public Water Supply System Wells › Section 10-5 - Inspection and compliance

Current through July 10, 2024
Authority: IC
				  15-16-5-44;
				  IC
				  15-16-5-64
Affected: IC 15-16-5
Sec. 5.
(a) The
				inspection for compliance with this rule is the responsibility of the state
				chemist but may be delegated by the state chemist to the Indiana department of
				environmental management and to employees of state, county, or municipal
				government.
(b) The initiation of
				enforcement for violations of the provisions shall be the sole responsibility
				of the state chemist.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 11 - Community-Wide Mosquito Abatement Pesticide Applicators and Technicians › Section 11-1 - Definitions

Current through July 10, 2024
Authority: IC 15-16-5-44; IC 15-16-5-64
Affected: IC 15-16-5-52
Sec. 1.
The following definitions apply throughout this rule:
(1) "Category 8" means the public health pest
				control certification and license category referenced in
				355
				IAC 4-1-3(14), which includes
				pesticide applicators who use or supervise the use of pesticides in mosquito
				abatement operations.
(2)
				"Commercial applicator license" means the license issued annually by the state
				chemist to an individual who has met the requirements established in IC
				15-3-3.6-8.1
[IC 15-3 was repealed by P.L. 2-2008, SECTION 83,
				effective July 1, 2008. See IC 15-16-5-52.]
, including the following
				licenses:
(A) Applicator for hire.
(B) Applicator not for hire.
(C) Public applicator.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 11 - Community-Wide Mosquito Abatement Pesticide Applicators and Technicians › Section 11-2 - Applicator certification and licensing

Current through July 10, 2024
Authority: IC 15-16-5-44; IC 15-16-5-64
Affected: IC 15-16-5
Sec. 2.
(a) Except
				as provided in section 3 of this rule, a person may not use or supervise the
				use of any pesticide for community-wide mosquito abatement activities without
				having obtained a commercial applicator license in Category 8 from the state
				chemist.
(b) Completing the
				certification requirements as a commercial applicator (IC 15-3-3.6-6-2(7)
[sic]
) in Category 8 shall be a qualifying requirement for
				each of the licenses referenced in section 1(2) of this rule.
(c) A person may satisfy the Category 8
				certification requirements by either:
(1)
				completing the requirements established in 355 IAC 4-1 for a Category 8
				applicator; or
(2) completing the
				requirements established in 355 IAC 4-1 for a Category 7a applicator and
				providing proof to the state chemist of practical community-wide mosquito
				abatement experience within the last five (5) years previous to the effective
				date of this rule.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 11 - Community-Wide Mosquito Abatement Pesticide Applicators and Technicians › Section 11-3 - Direct supervision of noncertified applicators

Current through July 10, 2024
Authority: IC 15-16-5-44; IC 15-16-5-64
Affected: IC 15-16-5
Sec. 3.
(a) A person
				who has not obtained a commercial applicator license may use a pesticide if the
				person is working under the direct supervision of a certified and licensed
				applicator employed by the business, agency, or organization that also employs
				the person.
(b) An applicator using
				pesticides for community-wide mosquito abatement activities is subject to all
				of the site awareness and direct supervision provisions of 355 IAC 4-2, except
				as described in section 1(4)(C) of this rule.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 12 - Pesticide Drift › Section 12-1 - Definitions

Current through July 10, 2024
Authority: IC
				  15-16-5-44
Affected: IC
				  15-16-5-65
Sec. 1.
The following definitions apply throughout this rule:
(1) "Drift" means the physical movement of a
				pesticide through the air at the time of application from the target site to a
				nontarget site. The term shall not mean the movement of a pesticide, at a time
				after the application has been made, by any of the following:
(A) Erosion.
(B) Volatility after deposition on the target
				site.
(C) Windblown soil
				particles.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 12 - Pesticide Drift › Section 12-2 - Drift restriction

Current through July 10, 2024
Authority: IC
				  15-16-5-44
Affected: IC
				  15-16-5-65
Sec. 2.
A person may not apply a pesticide in a manner that allows
				  it to drift from the target site in sufficient quantity to cause an adverse
				  effect to a nontarget site.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 13 - Open Burning of Pesticide Containers › Section 13-1 - Definitions

Current through July 10, 2024
Authority: IC 15-16-5-64
Affected: IC 15-16-5-65
Sec. 1.
The following definitions apply throughout this rule:
(1) "Open burning" means the burning of any
				pesticide container wherein air contaminants resulting from combustion are
				emitted directly into the air, without passing through a stack or chimney from
				an enclosed chamber, as described in
				326 IAC
				4-1-0.5(6).
(2) "Pesticide container" means any:
(A) package;
(B) can;
(C) bottle;
(D) jug;
(E) bag;
(F) barrel;
(G) drum;
(H) tank; or
(I) other containing device;
used to enclose a pesticide or pesticide-related waste. The
				  term does not include equipment used solely for the application of a pesticide.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 13 - Open Burning of Pesticide Containers › Section 13-2 - Prohibition against open burning of pesticide containers

Current through July 10, 2024
Authority: IC
				  15-16-5-64
Affected: IC 13-15; IC 13-17; IC
				  15-16-5-65
Sec. 2.
A person may not cause the open burning of any pesticide
				  container.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 14 - Use of Pesticide Service Containers › Section 14-1 - Definitions

Current through July 10, 2024
Authority: IC
				  15-16-5-64
Affected: IC 15-16
Sec. 1.
The following definitions apply throughout this rule:
(1) "Applicator" means a person who will be
				applying the pesticide.
(2)
				"Service container" means any package, can, bottle, jug, bag, or other
				containing device used to transport a pesticide from a storage site to an
				application site. The term shall not mean any of the following:
(A) The original labeled container provided
				by the manufacturer.
(B) A
				container larger than the original labeled container provided by the
				manufacturer.
(C) A measuring
				device.
(D) Equipment used solely
				for the application of a pesticide.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 14 - Use of Pesticide Service Containers › Section 14-2 - Use of service containers

Current through July 10, 2024
Authority: IC
				  15-16-5-64
Affected: IC 15-16
Sec. 2.
(a) Except
				as provided in subsection (b), an applicator may transfer a diluted or an
				undiluted pesticide to a service container for the purpose of transporting the
				pesticide from the applicator's storage site to an application site.
(b) Use of a service container shall not be
				permitted if the original label of the pesticide requires storage in the
				original container only or prohibits transfer to other containers.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 14 - Use of Pesticide Service Containers › Section 14-3 - Labeling of service containers

Current through July 10, 2024
Authority: IC
				  15-16-5-64
Affected: IC 15-16
Sec. 3.
(a) The
				applicator must securely attach to the service container labeling for the
				pesticide that includes the following:
(1) The
				complete brand name.
(2) The EPA
				registration number.
(3) The name
				of the active ingredient or ingredients.
(4) The percentage or percentages of the
				active ingredient or ingredients.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 15 - Applicator Certification and Licensing at Golf Courses › Section 15-1 - Definitions

Current through July 10, 2024
Authority: IC 15-16-5-44
Affected: IC 15-16-5-52
Sec. 1.
The following definitions apply throughout this rule:
(1) "Any pesticide" means both restricted use
				and nonrestricted use pesticides.
(2) "Commercial applicator license" means the
				license issued annually by the state chemist to an individual who has met the
				requirements established in IC 15-16-5-52, including the following licenses:
(A) Applicator for hire.
(B) Applicator not for hire.
(C) Public applicator.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 15 - Applicator Certification and Licensing at Golf Courses › Section 15-2 - Applicator certification and licensing

Current through July 10, 2024
Authority: IC
				  15-16-5-44
Affected: IC 15-16-5
Sec. 2.
(a) Except
				as provided in section 3 of this rule, a person may not use or supervise the
				use of any pesticide on a golf course without having obtained a commercial
				applicator license from the state chemist.
(b) Completing the certification requirements
				as a category 3b commercial applicator shall be a qualifying requirement for
				each of the licenses referenced in section 1(2) of this rule.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 15 - Applicator Certification and Licensing at Golf Courses › Section 15-3 - Direct supervision of noncertified applicators

Current through July 10, 2024
Authority: IC
				  15-16-5-44
Affected: IC 15-16-5
Sec. 3.
A person who has not obtained a commercial applicator license
				  may use a pesticide on a golf course if the person is working under the direct
				  supervision of a certified and licensed applicator affiliated with the
				  business, agency, or organization that owns or operates that golf course or the
				  pesticide business hired to apply pesticides on that golf course.
Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 15 - Applicator Certification and Licensing at Golf Courses › Section 15-4 - Golf course pesticide use records

Current through July 10, 2024
Authority: IC
				  15-16-5-44
Affected: IC 15-16-5
Sec. 4.
(a) A
				commercial applicator shall keep and maintain records of all applications of
				pesticides made on the golf course by the applicator or the noncertified
				individuals supervised by the applicator. The records shall provide the
				following:
(1) The name or address of the
				golf course.
(2) The name and
				certification number of the certified applicator responsible for the
				application.
(3) The date and time
				of application.
(4) The principal
				pest or pests to be controlled.
(5)
				A description of the area treated, including, but not limited to, the
				following:
(A) The fairway number or
				numbers.
(B) The green number or
				numbers.
(C) The rough number or
				numbers.
(D) The tee number or
				numbers.
(6) The
				pesticide applied, including the following:
(A) The name of the manufacturer.
(B) The U. S. Environmental Protection Agency
				registration number.
(C) The brand
				name.
(7) The amount
				used, expressed as either:
(A) concentrate,
				giving the total quantity of formulation applied, in pounds, gallons, etc.;
				or
(B) diluted mixture (ready to
				use), giving the total amount applied and active ingredient concentration
				(percentage).