reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:05.05 - Bulk pesticide storage facilities constructed prior to December 8, 1985

Current through Register Vol. 51, page 10, July 15, 2024
Bulk pesticide storage facilities constructed of concrete block prior
	 to December 8, 1985, will be considered for approval after inspection by the
	 secretary. Bulk pesticide storage facilities constructed of brick prior to
	 December 8, 1985, will not be considered for approval. Bulk pesticide storage
	 facilities constructed of concrete block or brick after December 8, 1985, will
	 not be considered for approval by the secretary.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:06 - Required plans and specifications for bulk pesticide storage facilities

Current through Register Vol. 51, page 10, July 15, 2024
Plans and specifications for all bulk pesticide storage facilities must
	 be submitted to the secretary for review and approval prior to construction.
	 Installation and operation shall be in accordance with approved plans and
	 specifications.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15,
		38-21-15.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:07 - Contents of bulk pesticide storage facility permit application

Current through Register Vol. 51, page 10, July 15, 2024
A bulk pesticide storage facility permit application shall include the
	 following:
(1) Name, address, and
  telephone number of the following:
(a) Firm
  making application;
(b) Firm who
  will operate facility; and
(c) Firm
  who will construct, install, or modify site;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:09 - Underground storage

Current through Register Vol. 51, page 10, July 15, 2024
Underground bulk pesticide storage is prohibited, but a sealed catch
	 basin used for the temporary collection of runoff or rinsate from transfer and
	 loading areas is allowed.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:10 - Spills

Current through Register Vol. 51, page 10, July 15, 2024
The operator or manager of a bulk pesticide storage facility shall
	 notify the department or the division of emergency and disaster services within
	 3 hours after a spill of more than 25 gallons of liquid or 500 pounds of dry
	 pesticides outside the secondary containment area.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:14 - Bulk distribution of pesticides › Section 12:56:14:01 - Bulk delivery system

Current through Register Vol. 51, page 10, July 15, 2024
Scales or meters used for repackaging sales from permanent and
	 nonpermanent bulk pesticide storage containers must be certified by the
	 department of commerce and regulation to meet the specifications, tolerances,
	 and other technical requirements for weighing and measuring devices as
	 specified in §
									20:01:02:01.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:14 - Bulk distribution of pesticides › Section 12:56:14:01.01 - Bulk dispensing system

Current through Register Vol. 51, page 10, July 15, 2024
All bulk pesticide dispensing requires separate distribution systems,
	 such as hosing and piping, for each bulk pesticide. Such distribution systems
	 shall be constructed of materials and in a manner compatible with the physical
	 and chemical properties of the pesticide being stored.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:14 - Bulk distribution of pesticides › Section 12:56:14:02 - Labeling

Current through Register Vol. 51, page 10, July 15, 2024
A registered product label shall be affixed prominently to all bulk
	 pesticide storage containers in the proximity of the outlet. All bulk
	 pesticides used for custom mixing, tank mixing, or repackaging must be
	 registered and labeled in accordance with the Act and SDCL
	 38-20A.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:14 - Bulk distribution of pesticides › Section 12:56:14:04 - Notification for delivery of bulk pesticide

Current through Register Vol. 51, page 10, July 15, 2024
A person may not deliver pesticides for bulk repackaging without
	 notifying the department prior to the initial bulk shipment to any
	 establishment. The notification shall be made annually by the manufacturer or
	 registrant on forms provided by the secretary, and shall include the
	 following:
(1) The name and address of
  each establishment receiving such a delivery;
(2) A certificate of authorization from the
  registrant to repackage the pesticides including permission to utilize
  registered product labels on bulk containers; and
(3) The EPA registration number of each
  pesticide to be repackaged.
Information obtained by the department pursuant to this section shall
	 not be disclosed without written permission of the manufacturer or
	 registrant.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:14 - Bulk distribution of pesticides › Section 12:56:14:05 - Bulk repackaging

Current through Register Vol. 51, page 10, July 15, 2024
Bulk repackaging for distribution must meet the following
	 requirements:
(1) The establishment
  receiving the transfer or delivery of the bulk pesticide must be in compliance
  with Section 7 of the Act (registration of pesticide-producing
  establishments);
(2) A
  representative of the receiving establishment must be present both when the
  product is received and when it is repackaged for sale;
(3) There is no change in the following:
(a) Pesticide formulation;
(b) Product labeling, except for the addition
  of the assigned EPA establishment number of the repackaging site and the net
  contents statement; and
(c)
  Identity of the manufacturer or registrant accountable for the integrity of the
  product, as evidenced by the assigned EPA product registration
  number;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:15 - Handling and loading › Section 12:56:15:01 - Handling and loading

Current through Register Vol. 51, page 10, July 15, 2024
Bulk pesticides shall be handled and loaded in a manner that will
	 prevent spillage or discharge of pesticides.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:15 - Handling and loading › Section 12:56:15:02 - Cleansing of bulk pesticide storage containers

Current through Register Vol. 51, page 10, July 15, 2024
Bulk storage containers which contain bulk pesticide must be thoroughly
	 cleaned according to the manufacturer's specifications before refilling, unless
	 a sealed or dedicated reusable bulk container is refilled with a pesticide
	 product bearing the same label.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:15 - Handling and loading › Section 12:56:15:03 - Handling and loading spills

Current through Register Vol. 51, page 10, July 15, 2024
Minor spills of pesticide or rinsate which have occurred from the
	 handling, loading, or cleansing of bulk containers and which accumulate in the
	 secondary containment area shall be disposed of as provided by the pesticide
	 label. If the spillage is contaminated or unfit for reuse or disposal according
	 to label directions, the operator shall comply with the disposal procedures in
	 chapter 12:56:02.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:16 - Private applicator records for livestock protection collars › Section 12:56:16:01 - Livestock protection collar records required

Current through Register Vol. 51, page 10, July 15, 2024
Each private applicator of livestock protection collars shall keep
	 records which include the following for each application:
(1) The number of collars placed on
  livestock;
(2) The date of
  application; and
(3) The location
  of collared animals.
In addition, applicators shall record the number of collars purchased
	 or leased, the number of collars punctured or ruptured including apparent
	 cause, the number of collars lost or unrecovered, the number of collars in
	 storage, and the species, date, and location of each animal found poisoned as a
	 result of the use of the livestock protection collar. Each accident or injury
	 to humans or domestic animals or poisoning of nontarget species shall be
	 reported immediately to the department of agriculture.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-51.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:16 - Private applicator records for livestock protection collars › Section 12:56:16:02 - Availability of records to the department

Current through Register Vol. 51, page 10, July 15, 2024
Each applicator shall have all pesticide application records on the use
	 of livestock protection collars completed and available to the department for
	 inspection at the close of each day.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-51.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:16 - Private applicator records for livestock protection collars › Section 12:56:16:03 - Records to be kept for three years

Current through Register Vol. 51, page 10, July 15, 2024
Records containing the information required by §
									12:56:16:01 shall be kept by the
	 applicator for three years from the date of application or until return of the
	 livestock protection collar to the livestock protection collar pool manager,
	 whichever is later. The applicator shall furnish the department with a copy of
	 these records upon written request.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-51.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:17 - Operational area containment › Section 12:56:17:01 - Operational area containment required

Current through Register Vol. 51, page 10, July 15, 2024
After February 1, 1995, operational area containment is required of any
	 person when the person's operational area meets any one or more of the
	 following conditions:
(1) The
  operational area is the applicator's principal operational area and
(a) More than a total of 1,500 pounds of
  pesticide active ingredients are transferred, loaded, unloaded, mixed,
  repackaged, or refilled during a calendar year; or
(b) Either concentrate or diluted pesticides
  are cleaned, washed, or rinsed from containers or from application, handling,
  storage, or transportation equipment for over 30 days accumulated during a
  calendar year;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:17 - Operational area containment › Section 12:56:17:02 - Operational area containment requirements

Current through Register Vol. 51, page 10, July 15, 2024
After February 1, 1995, the following requirements for containment
	 apply to those operational areas where operational area containment is required
	 pursuant to §
									12:56:17:01:
(1) Operational area activities must be
  carried out in a manner that prevents escape of discharges that may result in
  unreasonable adverse effects on the environment;
(2) Operational area activities must be
  carried out on an impervious surface that is designed to catch and contain any
  discharges in the operational area;
(3) The operational area containment must be
  constructed in accordance with professional engineering practices which include
  the following:
(a) The material used must be
  of sufficient thickness and strength to withstand the weight and movement of
  any equipment that may be placed or parked within the operational area
  containment;
(b) All seams and
  cracks must be sealed;
(c) The
  operational area containment must be constructed of concrete or other materials
  approved by the secretary prior to construction or installation. If materials
  other than concrete are used, information must be provided by the applicant to
  the secretary which includes chemical compatibility, permeability, and physical
  characteristics of materials proposed to assure operational area containment
  integrity under conditions of proposed use. A written confirmation of
  compatibility of synthetic materials must be kept at the operational area or at
  the nearest local office of the operator;
(d) For liquid pesticides, including
  container and equipment rinsates, the operational area containment must be
  curbed or sloped to contain discharges so as to facilitate recovery of
  discharged materials and to prevent liquids from adjacent surfaces from flowing
  onto the operational area containment. To prevent unreasonable adverse effects
  on the environment as defined in SDCL chapter 38-21, the operational area
  containment must be of sufficient capacity and surface area to contain
  discharges from the single largest container or application system operated or
  cleaned within the operational area and to prevent spillage onto unprotected
  areas;
(e) For nonliquid
  pesticides, the operational area containment must extend beneath any conveyors
  or augers used in operational area activities unless the conveyors or augers
  are fully enclosed and constructed to prevent discharge. To prevent
  unreasonable adverse effects on the environment as defined in SDCL chapter
  38-21, the operational area containment must be of adequate surface area to
  contain discharges from the largest container or equipment operated within the
  operational area containment. The operational area containment must be
  constructed to prevent liquids from adjacent surfaces from flowing onto the
  operational area containment;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:17 - Operational area containment › Section 12:56:17:03 - Pesticide handling and discharge response procedures and plans

Current through Register Vol. 51, page 10, July 15, 2024
All applicators who conduct operational area activities must utilize
	 procedures to minimize and mitigate the adverse effects of discharges on the
	 environment. By February 1, 1995, all private and commercial applicators must
	 conduct operational area activities utilizing a written pesticide handling and
	 discharge response plan. The plan must be kept current at all times and
	 available for use. A copy of the plan must be available for inspection by the
	 department at either the operational area or the applicator's nearest local
	 office or the location from which the operational area is administered. The
	 written plan must contain the following information:
(1) Methods and procedures to be used for the
  transfer, loading, unloading, mixing, repackaging, and refilling of pesticide
  containers and pesticide application equipment;
(2) Methods and procedures to be used for the
  periodic inspection of appurtenances used to transfer or hold pesticides and
  for the repair of any equipment found to be defective;
(3) Methods and procedures to be used for the
  rinsing, washing, and cleaning of pesticide containers and application,
  storage, or transportation equipment;
(4) Methods and procedures to be used in the
  transfer, handling, storage, and disposal of materials recovered from within
  operational area containment, if required;
(5) Methods, procedures, materials, and
  equipment to be used to contain, recover, store, transport, and dispose of
  discharges outside of operational area containment systems; and
(6) The identity and telephone numbers of
  responsible persons and agencies who are to be contacted if a discharge occurs.
Pesticide handling and discharge response plans written to comply with
	 another law, rule, or ordinance may be used to comply with all or part of the
	 requirements in this section.
General Authority:
SDCL
		38-21-15,
		38-21-15.1,
		38-21-51.
Law Implemented:
SDCL
		38-21-15,
		38-21-15.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:17 - Operational area containment › Section 12:56:17:04 - Training to be provided to employees

Current through Register Vol. 51, page 10, July 15, 2024
Effective February 1, 1995, all private and commercial applicators who
	 own or operate an operational area must conduct pesticide handling and
	 discharge response plan training for all new and existing employees involved in
	 the use and handling of pesticides. Training must be conducted at least
	 annually. Employees involved in pesticide use and handling must receive
	 training no later than three days after beginning pesticide use and handling
	 duties. The owner or operator and employees are responsible for following the
	 firm's pesticide handling and discharge response plan to minimize contamination
	 of the environment.
General Authority:
SDCL
		38-21-15,
		38-21-15.1,
		38-21-51.
Law Implemented:
SDCL
		38-21-15,
		38-21-15.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:17 - Operational area containment › Section 12:56:17:05 - Recovery, storage, and use of discharges

Current through Register Vol. 51, page 10, July 15, 2024
All discharges within and outside of operational area containment shall
	 be immediately recovered using absorbent materials, pumps, or similar means.
	 Operational area containment surfaces exposed to concentrated and diluted
	 pesticides shall be periodically cleaned and all rinsates shall be recovered
	 and stored in accordance with SDCL chapter 38-21 and article 12:56. Recovered
	 discharges shall not be stored below ground. Containers larger than 300 U.S.
	 gallons that contain recovered discharges or rinsates not regulated by chapter
	 12:56:13 for more than 14 consecutive days must be located within secondary
	 containment constructed and maintained in accordance with the construction and
	 capacity requirements of chapter 12:56:13. Recovered discharges may be used in
	 accordance with the applicable pesticide product labels.
Upon recovery of discharges outside of operational area containment
	 that are in excess of the quantities listed in §
									12:56:17:06, samples shall be
	 taken and analyzed for applicable pesticide residues by the person responsible
	 for the discharge. Samples taken must be from the area where the discharge
	 occurred and from where recovery was completed. These samples must be taken at
	 a sufficient depth and from a sufficient surface area to show that the recovery
	 was complete.
The owner or operator of the operational area shall provide written
	 documentation to the department describing the cause of the discharge, recovery
	 and sampling procedures, analysis reports, and disposition of the recovered
	 materials within 30 days following the date the discharge
	 occurred.
General Authority:
SDCL
		38-21-15,
		38-21-15.1,
		38-21-51.
Law Implemented:
SDCL
		38-21-15,
		38-21-15.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:17 - Operational area containment › Section 12:56:17:06 - Reporting of pesticide spills

Current through Register Vol. 51, page 10, July 15, 2024
Pesticide discharges in excess of 25 pounds active ingredients that
	 occur at operational areas outside of operational area containment must be
	 reported to the department.
General Authority:
SDCL
		38-21-15,
		38-21-16,
		38-21-51.
Law Implemented:
SDCL
		38-21-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:17 - Operational area containment › Section 12:56:17:07 - Pesticide operational area registration

Current through Register Vol. 51, page 10, July 15, 2024
Effective February 1, 1995, each pesticide operational area using
	 operational area containment as required by §
									12:56:17:01 must be registered
	 with the department. The secretary may deny registration or require additional
	 conditions for the registration of any operational area if the registrant's
	 application does not meet the requirements of each provision of this
	 chapter.
If departmental investigation determines the facility is not
	 constructed or operating in accordance with the submitted plans and
	 specifications or the requirements of this chapter, the owner must correct any
	 deficiencies as set forth by the department. The secretary may modify, suspend,
	 or revoke the registration of any operational area that has not complied with
	 this chapter.
General Authority:
SDCL
		38-21-15.1,
		38-21-51.
Law Implemented:
SDCL
		38-21-15.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:17 - Operational area containment › Section 12:56:17:08 - Prior approval required of plans and specifications for pesticide operational areas - Dual approval if fertilizer containment requirements met

Current through Register Vol. 51, page 10, July 15, 2024
Plans and specifications for pesticide operational areas required to be
	 registered pursuant to this chapter must be submitted to the secretary for
	 review and approval at least 60 days before construction begins. Installation
	 and operation must be in accordance with approved plans and
	 specifications.
Any person may submit pesticide operational area containment plans and
	 specifications prior to February 1, 1995, and the department shall review such
	 plans for compliance with this chapter. If the pesticide operational area
	 containment plans are technically sound and comply with the rules pertaining to
	 fertilizer in article 12:44 and the rules contained in this chapter, the
	 department shall provide approval for construction or registration under both
	 the pesticide and fertilizer containment requirements.
General Authority:
SDCL
		38-21-15,
		38-21-15.1,
		38-21-51.
Law Implemented:
SDCL
		38-21-15.1,
		38-21-15.3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:17 - Operational area containment › Section 12:56:17:09 - Contents of pesticide operational area containment registration application

Current through Register Vol. 51, page 10, July 15, 2024
An application for a pesticide operational area containment
	 registration shall include the following:
(1) The name, address, and telephone number
  of the following:
(a) The person applying for
  registration;
(b) The person who
  will operate the area; and
(c) The
  person who will construct, install, or modify the site;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:17 - Operational area containment › Section 12:56:17:10 - Connections to potable water supply

Current through Register Vol. 51, page 10, July 15, 2024
All pesticide operational areas shall implement procedures to prevent
	 backflow incidents from contaminating potable water supplies. Potable water
	 supply lines may not be connected to process water lines, chemical lines, or
	 equipment unless backflow prevention is installed. Backflow prevention shall
	 consist of one of the following:
(1) A
  reduced-pressure principle device which meets the American Water Works
  Association Standard C511-89 (September 1, 1990) for backflow prevention
  devices; or
(2) Air gap separation.
  Air gap is a physical separation between the free flowing discharge end of a
  water pipeline and an open or nonpressurized receiving vessel. To have an
  acceptable air gap, the end of the discharge pipe must be located a distance of
  at least twice the diameter of the pipe above the topmost rim of the receiving
  vessel.
General Authority:
SDCL
		38-21-15,
		38-21-15.1,
		38-21-51.
Law Implemented:
SDCL
		38-21-15.
AWWA Standard for "Reduced-Pressure Principle Backflow-Prevention
		Assembly," American Water Works Association, effective September 1, 1990.
		Copies may be obtained from the American Water Works Association, 6666 West
		Quincy Avenue, Denver, Colorado 80235; $12 per copy plus $2.95 shipping and
		handling.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:18 - Pesticide recycling and disposal › Section 12:56:18:02 - Containers acceptable for recycling

Current through Register Vol. 51, page 10, July 15, 2024
Pesticide containers acceptable for recycling must meet the following
	 minimum requirements:
(1) Be
  triple-rinsed or equivalent;
(2)
  Consist of high-density polyethylene (HDPE) plastic of 55 gallons capacity or
  less;
(3) Contain no visible
  pesticide residue inside or outside of the container;
(4) Contain no more than 0.5 fluid ounces of
  clear water; and
(5) Be delivered
  with lid and paper labels removed from the container.
Intermediate bulk container (IBC) totes may also be acceptable for
	 recycling within the constraints of program funding and dependent on approval
	 from the secretary. Eligible IBC totes will be picked up at the generator's
	 location as time allows.
General Authority:
SDCL
		38-20A-36,
		38-20A-54.
Law Implemented:
SDCL
		38-20A-54,
		38-20A-55.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:18 - Pesticide recycling and disposal › Section 12:56:18:03 - Pesticides acceptable for collection

Current through Register Vol. 51, page 10, July 15, 2024
Only waste pesticides are eligible for collection. Pesticides are
	 prioritized based on the toxicity of the pesticide, condition of the container,
	 and the potential for the pesticide to harm human health or the environment.
	 Pesticides that exhibit the greatest risks shall receive priority for
	 collection, within the constraints of program funding. Regardless of priority,
	 the secretary may refuse to collect and dispose of any pesticide based on any
	 one or more of the following factors:
(1) Physical or financial
  constraints;
(2) Misrepresentation
  of waste pesticide;
(3) Newly
  discovered facts regarding the toxicity, condition, or potential effect of the
  pesticide on the environment; and
(4) Differences between the original
  pesticide as sold or produced and the present condition of the pesticide.
Waste pesticides considered eligible but not collected because of
	 inadequate program funding shall be put on a list for consideration in the next
	 annual cycle of collections.
General Authority:
SDCL
		38-20A-36,
		38-20A-54.
Law Implemented:
SDCL
		38-20A-54,
		38-20A-55.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:18 - Pesticide recycling and disposal › Section 12:56:18:04 - Criteria for container collection and recycling activities

Current through Register Vol. 51, page 10, July 15, 2024
Pesticide collection and container recycling activities must be
	 conducted in accordance with the following minimum criteria:
(1) The site for collection must be selected
  based on the following criteria:
(a)
  Security;
(b) Distance to water
  sources, residences, and institutions;
(c) Geographic distribution of collection
  sites within the state;
(d)
  Potential number of containers and amount of pesticides to be collected in a
  given area;
(e) Availability of
  volunteers to assist with collection; and
(f) Accessibility of the site to the
  public;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:02 - Definitions › Section 12:62:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL
	 38-22-1.2 have the same meaning
	 when used in this article. In addition, terms used in this article have the
	 following meaning:
(1) "Community," a
  township, a natural or artificial geographical area, or a subdivision of a
  board member area as designated by the board and represented by a community
  representative;
(2) "Declared
  pest," a pest which the commission has designated as sufficiently detrimental
  to the state to warrant enforcement of control measures;
(3) "Locally declared pest," a pest which the
  commission has designated in one or more counties for enforcement of control
  measures;
(4) "Locally noxious
  weed," a noxious weed which the commission has designated in one or more
  counties for enforcement of control measures;
(5) "Noxious weed," a weed which the
  commission has designated as sufficiently detrimental to the state to warrant
  enforcement of control measures.
General Authority:
SDCL
		38-22-9,
		38-22-11.1.
Law Implemented:
SDCL
		38-22-7,
		38-22-11,
		38-22-32.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:03 - Weeds and pests › Section 12:62:03:01 - Characteristics of noxious weed

Current through Register Vol. 51, page 10, July 15, 2024
A noxious weed possesses the following characteristics:
(1) The weed is a perennial;
(2) The weed is capable of unique and rapid
  spreading and growth under adverse conditions;
(3) The weed is not controllable without
  special preventive chemical, mechanical, biological, and cultural
  practices;
(4) The weed is capable
  of materially reducing the production of crops or livestock;
(5) The weed is capable of decreasing the
  value of the land; and
(6) The weed
  is not native to the state.
General Authority:
38-22-7, 38-22-9, 38-22-11.1.
Law Implemented:
38-22-7,
		38-22-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:03 - Weeds and pests › Section 12:62:03:01.01 - Characteristics of declared pest

Current through Register Vol. 51, page 10, July 15, 2024
A declared pest possesses the following characteristics:
(1) The pest is capable of spreading rapidly
  by natural means in a previously uninfested area;
(2) The pest is not controllable without
  special preventive, chemical, biological, and cultural practices;
(3) The pest is capable of materially
  reducing the production of crops and livestock.
General Authority:
38-22-7, 38-22-9, 38-22-11.1.
Law Implemented:
38-22-7,
		38-22-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:03 - Weeds and pests › Section 12:62:03:01.05 - Declared pests

Current through Register Vol. 51, page 10, July 15, 2024
The following pests are declared pests statewide:
(1) Gypsy moth.
General Authority:
SDCL
		38-22-9,
		38-22-11.1.
Law Implemented:
SDCL
		38-22-7,
		38-22-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:03 - Weeds and pests › Section 12:62:03:01.06 - Statewide noxious weeds

Current through Register Vol. 51, page 10, July 15, 2024
The following weeds are declared to be noxious statewide:
(1) Absinth wormwood;
(2) Canada thistle;
(3) Hoary cress;
(4) Leafy spurge;
(5) Perennial sow thistle;
(6) Purple loosestrife; and
(7) Salt Cedar.
General Authority:
38-22-9, 38-22-11.1.
Law Implemented:
38-22-7,
		38-22-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:03 - Weeds and pests › Section 12:62:03:01.07 - List of weeds and pests for use in declaring locally noxious weeds or declared pests

Current through Register Vol. 51, page 10, July 15, 2024
A county board may select weeds or pests from the following list or may
	 request declaration of other weeds that meet the requirements of §§
									12:62:07:01 and
	 12:62:07:02, when the board
	 requests from the commission a declaration of locally noxious weeds or a
	 designation of pests under §
									12:62:07:03:
(1) Black henbane (
Hyoscyamus niger
  L.
);
(2) Bull thistle
  (
Cirsium vulgare
);
(3) Chicory (
Cichorium
  intybus
);
(4) Common
  burdock(
Arctium minus
);
(5) Common mullein (
Verbascum
  thapsus
);
(6) Common tansy
  (
Tanacetum vulgare
);
(7) Dalmation toadflax (
Linaria
  dalmatica
);
(8) Diffuse
  knapweed (
Centaurea diffusa
);
(9) Field bindweed (
Convolvulus
  arvensis
);
(10) Flowering
  Rush (
Butomus umbellatus L.
);
(11) Giant Knotweed (
Polygonum
  sachalinense
);
(12)
  Houndstongue (
Cynoglossum officinale
);
(13) Musk and plumeless thistles
  (
Carduus nutans
and
Carduus
  acanthoides
);
(14) Oxeye
  Daisy (
Chrysanthemum leucanthemu
);
(15) Palmer Amaranth (
Amaranthus
  palmeri
);
(16) Phragmites
  (
Phragmites australis
subsp.
Australis
;
Haplotyme M
);
(17)
  Poison hemlock (
Conium maculatum
);
(18) Puncturevine (
Tribulus
  terrestris
);
(19) Scotch
  thistle (
Onopordum acanthium
);
(20) Spotted knapweed (
Centaurea
  maculosa
);
(21) St.
  Johnswort (
Hypericum perforatum
);
(22) Sulfur Cinquefoil (
Potentilla
  recta L
.);
(23) White
  Horehound (
Marrubium vulgare
);
(24) Wild Parsnip (
Pastinaca
  sativa);
(25) Yellow
  toadflax (
Linaria vulgaris
);
(26) Japanese Beetle (
Popillia
  japonica
); and
(27)
  Mountain Pine Beetle (
Dendroctonus ponderosae
).
General Authority:
38-22-9, 38-22-11.1.
Law Implemented:
38-22-7,
		38-22-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:03 - Weeds and pests › Section 12:62:03:06 - Additions to and deletions from noxious weed and declared pest lists

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall evaluate additions and deletions to the noxious
	 weed and declared pest lists at its annual meeting. Commissioners shall
	 consider all requests for changes to the noxious weed and declared pest
	 lists.
General Authority:
SDCL
		38-22-9,
		38-22-11.1.
Law Implemented:
SDCL
		38-22-7,
		38-22-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:03 - Weeds and pests › Section 12:62:03:07 - Emergency designation of noxious weed or declared pest

Current through Register Vol. 51, page 10, July 15, 2024
With the concurrence of the chair of the commission, the secretary may
	 make an emergency designation of a noxious weed or declared pest. The emergency
	 designation remains in effect for 180 days.
General Authority:
SDCL
		38-22-9,
		38-22-11.1.
Law Implemented:
SDCL
		38-22-7,
		38-22-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:07 - Designation of locally noxious weeds and declared pests › Section 12:62:07:01 - Characteristics of locally noxious weed

Current through Register Vol. 51, page 10, July 15, 2024
The commission may designate as a locally noxious weed a weed
	 possessing the following characteristics:
(1) The weed is biennial, perennial, or a
  pernicious annual;
(2) The weed is
  capable of spreading rapidly;
(3)
  The weed is not controllable without special preventive chemical, mechanical,
  biological, and cultural practices;
(4) The weed is capable of materially
  reducing the production of crops or livestock;
(5) The weed is capable of decreasing the
  value of the land.
General Authority:
38-22-7, 38-22-9, 38-22-11.1.
Law Implemented:
38-22-7,
		38-22-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:07 - Designation of locally noxious weeds and declared pests › Section 12:62:07:02 - Characteristics of locally declared pest

Current through Register Vol. 51, page 10, July 15, 2024
The commission may designate as a locally declared pest a pest
	 possessing the following characteristics:
(1) The pest is capable of spreading rapidly
  by natural means in a previously uninfested area;
(2) The pest is not controllable without
  special preventive chemical, mechanical, biological, and cultural
  practices;
(3) The pest is capable
  of materially reducing the production of crops and livestock.
General Authority:
38-22-7, 38-22-9, 38-22-11.1.
Law Implemented:
38-22-7,
		38-22-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:07 - Designation of locally noxious weeds and declared pests › Section 12:62:07:03 - Request for designation as locally noxious weed or declared pest

Current through Register Vol. 51, page 10, July 15, 2024
Each board may request the commission to designate not more than eight
	 species of weed or pest as locally noxious or declared for the county. Not more
	 than eight species may be designated as locally noxious or declared by the
	 commission at any one time.
General Authority:
SDCL
		38-22-9,
		38-22-11.1.
Law Implemented:
SDCL
		38-22-7,
		38-22-9,
		38-22-32.
List of weeds for use in declaring locally noxious weeds, §
											12:62:03:01.07.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:07 - Designation of locally noxious weeds and declared pests › Section 12:62:07:04 - Weed and pest designated locally noxious weed or declared pest for five years

Current through Register Vol. 51, page 10, July 15, 2024
Locally noxious weeds and declared pests retain their designation for
	 five years, unless removed from the list by the commission.
General Authority:
SDCL
		38-22-7,
		38-22-11.
Law Implemented:
SDCL
		38-22-7,
		38-22-9,
		38-22-32.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:07 - Designation of locally noxious weeds and declared pests › Section 12:62:07:05 - Emergency designation of locally noxious weed or declared pest

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may with the concurrence of the chair of the commission
	 make an emergency designation of a noxious weed or locally declared pest. The
	 pest shall remain a noxious weed or a locally declared pest for 180
	 days.
General Authority:
SDCL
		38-22-7,
		38-22-11.
Law Implemented:
SDCL
		38-22-7,
		38-22-9,
		38-22-32.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:09 - County weed and pest boards › Section 12:62:09:01 - Board to direct, develop, present, and adopt weed and pest control program

Current through Register Vol. 51, page 10, July 15, 2024
Each board shall direct, develop, present, and adopt a program in
	 cooperation with state and federal agencies for the control of noxious weeds
	 and declared pests.
General Authority:
SDCL
		38-22-7,
		38-22-11.
Law Implemented:
SDCL
		38-22-7,
		38-22-32.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:09 - County weed and pest boards › Section 12:62:09:01.01 - Number and time of board meetings

Current through Register Vol. 51, page 10, July 15, 2024
The board shall conduct at least four paid meetings a year. The annual
	 meeting shall be held before March 31. The annual inspection shall be made
	 after July 1.
General Authority:
SDCL
		38-22-7,
		38-22-11.
Law Implemented:
SDCL
		38-22-7,
		38-22-23.10,
		38-22-32.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:11 - Enforcement procedures › Section 12:62:11:04 - Procedure when voluntary cooperation not obtained

Current through Register Vol. 51, page 10, July 15, 2024
When voluntary cooperation is not obtained the board may refer the
	 matter to the secretary.
General Authority:
SDCL
		38-22-7,
		38-22-11.
Law Implemented:
SDCL
		38-22-7,
		38-22-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:11 - Enforcement procedures › Section 12:62:11:05 - Action of secretary in cases referred by board

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall review board requests for assistance with
	 noncompliance cases and may accept or reject them. The decision to accept or
	 reject shall be based on the following criteria:
(1) Control efforts of the landowner or
  operator;
(2) Control and
  enforcement efforts on adjoining land;
(3) Local board efforts and
  results;
(4) An evaluation of the
  menace to neighboring lands of the infestation; and
(5) Board publication of a legal notice of
  the noxious weeds, declared pests, and commission approved locally noxious
  weeds and locally declared pests before April 1 of each year or at least 30
  days before the filing of a request for assistance.
All requests for assistance shall be made on a form approved by the
	 commission. Once accepted, a case will remain under departmental jurisdiction
	 until released by the department.
General Authority:
SDCL
		38-22-7,
		38-22-11.
Law Implemented:
SDCL
		38-22-16,
		38-22-16.1,
		38-22-32.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:12 - Records and reports › Section 12:62:12:01 - Submission and completion dates of board reports

Current through Register Vol. 51, page 10, July 15, 2024
The following are the submission and completion dates of reports
	 required of the board:
(1) The yearly
  report shall be submitted on a form approved by the commission to the state
  weed and pest coordinator by January 31;
(2) The report of the annual inspection shall
  be submitted on a form approved by the commission to the state weed and pest
  coordinator by November 1. The report shall be made available to the public by
  November 1;
(3) The program for the
  control of noxious weeds and declared pests shall be submitted on a form
  approved by the commission to the state weed and pest coordinator by April
  1.
General Authority:
SDCL
		38-22-7,
		38-22-11.
Law Implemented:
SDCL
		38-22-7,
		38-22-23.10,
		38-22-32.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:62 - Weed and pest control › Chapter 12:62:12 - Records and reports › Section 12:62:12:04 - Minutes of board meetings

Current through Register Vol. 51, page 10, July 15, 2024
The board shall submit minutes to the state weed and pest coordinator
	 within 10 days after each meeting.
General Authority:
SDCL
		38-22-7,
		38-22-11.
Law Implemented:
SDCL
		38-22-23.10,
		38-22-32.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:68 - Disease control and meat inspection › Chapter 12:68:02 - Administration of the division › Section 12:68:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 1-26-1 have the same meanings when
	 used in this chapter. In addition, terms used in this chapter mean:
(1) "Petitioner," the person
  filing;
(2) "Respondent," the
  person filed against.
General Authority:
SDCL
		40-3-14.
Law Implemented:
SDCL
		40-3-14.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:68 - Disease control and meat inspection › Chapter 12:68:02 - Administration of the division › Section 12:68:02:02 - Promulgation, amendment, or repeal of a rule.Superseded

Current through Register Vol. 51, page 10, July 15, 2024
Commission Note:
SDCL
		1-26-13 provides a statutory
		procedure to use for petitioning an agency for amendments to its rules, thus
		effectively superseding this
		section.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:68 - Disease control and meat inspection › Chapter 12:68:02 - Administration of the division › Section 12:68:02:03 - Number of copies

Current through Register Vol. 51, page 10, July 15, 2024
The petitioner shall present the original and one copy of the petition
	 required by SDCL
	 1-26-13 to the
	 board.
General Authority:
SDCL
		40-3-14.
Law Implemented:
SDCL
		1-26-13.
Commission Note:
The reference in this section was
		corrected to comply with 1975 Session Laws, chapter 16, § 24, which
		provides a statutory procedure for petitioning an agency for a change in
		rules.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:68 - Disease control and meat inspection › Chapter 12:68:02 - Administration of the division › Section 12:68:02:04 - Obtaining a declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
Any person may have the board issue a decision on the applicability of
	 any statutory provision, rule, or order pertaining to matters within the
	 jurisdiction of the board by the submission of a petition in writing containing
	 the following information:
(1) The
  authority by which the petition is presented;
(2) The name of the person, agency, or group
  submitting the petition;
(3) The
  requested action and reasons for the action;
(4) The signature of the person or the
  authorization of group or agency petitioning; and
(5) The notarization of the signature of
  authorization.
General Authority:
SDCL
		40-3-14.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:68 - Disease control and meat inspection › Chapter 12:68:02 - Administration of the division › Section 12:68:02:06 - Request for decision from agency

Current through Register Vol. 51, page 10, July 15, 2024
Any party to a contested case before the board may request a final
	 order terminating administrative action declaring the rights and liabilities of
	 the parties to the action, by delivering a demand to the executive board, by
	 delivering the request to the executive secretary in person, or by certified
	 mail. Within 30 days after receipt of the demand, the board must either issue
	 the order or issue an explanation of what procedures must be followed before it
	 can issue the order.
General Authority:
SDCL
		40-3-14.
Law Implemented:
SDCL
		1-26-13.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:68 - Disease control and meat inspection › Chapter 12:68:02 - Administration of the division › Section 12:68:02:07 - Agency action on request

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a request for a decision the executive secretary shall
	 immediately mail one copy to each board member and set a meeting within 30 days
	 to act on the petition. A hearing pursuant to SDCL
	 1-26-4(1) shall be
	 held no later than 60 days after the initial receipt by the board of a petition
	 for amendment of rules.
General Authority:
SDCL
		40-3-14.
Law Implemented:
SDCL
		1-26-13.