North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 09 - FOOD AND DRUG PROTECTION › Subchapter L - PESTICIDE SECTION › Section .1900 - PESTICIDE STORAGE › Section 09L .1905 - STORAGE FACILITY REQUIREMENTS: RUP

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition to
				  the requirements as set forth in Rule .1902 of this Section, the requirements
				  of this Rule shall apply to any quantity of restricted use pesticides in
				  commercial storage.
(b) Storage
				  areas shall utilize security precautions that prevent unauthorized access to
				  pesticides. Non-display pesticide storage areas shall be locked when
				  unattended. A warning sign shall be posted beside all entrances to non-display
				  pesticide storage areas stating "PESTICIDE STORAGE," "AUTHORIZED PERSONNEL
				  ONLY," "IN CASE OF EMERGENCY CALL_____________."
(c) Pesticide spills shall be cleaned up with
				  regard to personnel safety by wearing appropriate personal protective equipment
				  (PPE) and handling the pesticide in accordance with the manufacturer's product
				  labeling. Floor-sweeping compounds such as adsorptive clay, sand, sawdust,
				  lime, or similar suitable materials shall be kept on hand to absorb spills or
				  leaks. Safe disposal techniques in accordance with the labeling shall be
				  employed when disposing of pesticide contaminated adsorptive
				  materials.
(d) Pesticides shall be
				  stored to prevent contact with water resulting from area cleanup, the intrusion
				  of storm waters, leaks, or impounded or flowing waters, or any other source
				  which represents a likely potential for flooding.
(e) Pesticides shall not be stored within 100
				  feet horizontally of a public water supply. Pesticides shall not be stored
				  within 50 feet horizontally of a private water supply. An exemption from the
				  requirements of this Paragraph may be granted by the Board upon receipt of
				  written request for such exemption from the owner or operator of a storage
				  facility. Each request shall describe existing conditions requiring such
				  exemption. When reviewing exemption requests, the Board shall consider the
				  potential for groundwater or aquifer contamination, such as whether drainage
				  from the facility is designed to protect the public water supply and ensure
				  that runoff from the facility would be directed away from the water source, or
				  if the source is no longer used as a public or private water supply, or whether
				  a well has been properly closed and sealed according to
				  15A NCAC
				  02C .0113.
(f) The person responsible for each pesticide
				  storage facility shall also be responsible for the following:
(1) compliance with all State and local fire
				  codes and building codes and with all applicable State environmental laws and
				  rules applicable to the type of facility;
(2) development of a prefire plan for the
				  storage facility. The plan shall be a description of the facility's plans and
				  procedures for management of fires involving pesticides.
(A) one copy of the plan approved by the fire
				  department or emergency services office having jurisdiction shall be maintained
				  in the office of the storage facility for inspection by the Board;
(B) one copy of the plan shall be filed with
				  the fire department or emergency services office having jurisdiction;
(C) a request shall be made in writing to the
				  local fire department or emergency services office having jurisdiction for no
				  less than an annual inspection of the facility.