South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:01 - Definitions pertaining to pesticides › Section 12:56:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL 38-21-14 shall have the same meaning in this
	 article. In addition, terms used in this article mean:
(1) "Incident." an event caused by the use of
  a pesticide that adversely affects man or the environment;
(2) "Act," the Federal Insecticide,
  Fungicide, and Rodenticide Act,
  7 U.S.C. §
										135 et seq., as amended by the Federal
  Environmental Pesticide Control Act of 1972, 86 Stat. 973;
(3) "Agency," the United States environmental
  protection agency;
(4)
  "Appurtenances," valves, pumps, fittings, pipes, hoses, and metering devices
  that are used for transferring pesticides or otherwise used in conducting
  operational area activities pertaining to pesticides;
(5) "Bulk pesticide," any volume of a
  pesticide which is transported or held in an immediate reusable container in
  undivided quantities greater than 100 pounds net dry weight or 55 U.S. gallons
  liquid measure. The term does not include pesticides which are in the custody
  of the ultimate user and are fully prepared for use by the user;
(6) "Bulk pesticide storage facility," any
  area, location, tract of land, building, structure, or premises constructed in
  accordance with rules promulgated by the secretary for the storage of bulk
  pesticides;
(7) "Bulk repackaging,"
  the transfer of bulk pesticide from one container to another in an unaltered
  state in preparation for sale;
(8)
  "Carrier," a person engaged in the transporting of passengers or goods for
  hire;
(9) "Certification," the
  process by which the South Dakota department of agriculture determines whether
  or not a person is a competent pesticide applicator;
(10) "Clay soil," any substance consisting of
  a mixture of the following components in the stated percentages of total soil
  weight: clay particles of the size of .02 mm or less (40% minimum); silt
  particles of the size of .05 mm to .002 mm (40% maximum); fine sand particles
  of the size of .25 mm to .05 mm (45% maximum);
(11) "Compatibility," a property of a
  pesticide which permits its use with other chemicals without undesirable
  results being caused by the combination;
(12) "Competent," qualified in the
  performance of functions associated with pesticide application, the degree of
  proficiency required being directly related to the nature of the activity and
  the associated responsibility;
(13)
  "Complete destruction," alteration of pesticides by physical or chemical
  processes to inorganic forms, incapable of altering the environment;
(14) "Container," a package, can, bottle,
  bag, barrel, drum, tank, or other containing device used to enclose a pesticide
  or pesticide related wastes but not spray applicator tanks and nurse tanks
  which contain pesticides which are fully prepared for use;
(15) "Department," the department of
  agriculture;
(16) "Diluent,"
  material added to a pesticide or a pesticide-related waste by the user or
  manufacturer to reduce the concentration of active ingredient;
(17) "Discharge," any spill, leak, deposit,
  dumping, or emptying, either accidental or otherwise, that results in a release
  of a pesticide into an uncontained portion of an operational area, but not
  lawful transfer, mixing, loading, unloading, repackaging, or refilling of a
  pesticide carried out over operational area containment and not lawful
  distribution, use, disposal, or application of a pesticide;
(18) "Distribute," to import, consign, sell,
  offer for sale, solicit orders for sale, or otherwise supply pesticide for sale
  or use in this state;
(19) "Drift,"
  movement of a pesticide during or after application or use through air to a
  site other than the intended site of application or use;
(20) "Encapsulate," to seal a pesticide, and
  its container if appropriate, in an impervious container made of plastic,
  glass, or other material which will not be chemically degraded by the contents
  and then seal the container within a durable container made from steel,
  plastic, concrete, or other suitable material of sufficient thickness and
  strength to resist physical damage during and subsequent to burial;
(21) "Excess pesticides," pesticides which
  may not be legally sold pursuant to the Act or which are to be
  discarded;
(22) "Hazard,"
  probability that a given pesticide will have an unreasonable adverse effect on
  man or the environment in a given situation;
(23) "Heavy metals," metallic elements of
  higher atomic weights, including arsenic, beryllium, cadmium, copper, lead,
  mercury, manganese, zinc, chromium, tin, thallium, and selenium;
(24) "Inorganic arsenicals," any compound
  containing arsenic in which the arsenic is not bonded to the carbon
  atom;
(25) "Inorganic pesticides,"
  substances containing noncarbon hydrogen which are used as
  pesticides;
(26) "Lake," a pond or
  reservoir created by either natural or artificial means, but not ponds and
  appurtenances used for the treatment and disposal of wastes and permitted for
  such uses by the state;
(27)
  "Leachate," the end product of percolating a liquid through solid waste so that
  dissolved or suspended materials are extracted from it;
(28) "Metallo-organic pesticide," a class of
  carbon hydrogen pesticides containing one or more metal or metalloid atoms in
  the structure;
(29) "Nonpermanent
  bulk pesticide storage containers," mobile containers positioned on or part of
  movable equipment, such as trucks, trailers, and tank cars;
(30) "Open burning," combustion of a
  pesticide or container in any fashion other than incineration in a pesticide
  incinerator;
(31) "Open dumping,"
  the placing of pesticides or pesticide containers in a land site in a manner
  other than prescribed by the South Dakota department of environment and natural
  resources in chapter 74:27:03, and which does not prevent adverse effects on
  the environment, and which exposes pesticides and pesticide containers to the
  elements, vectors, and scavengers;
(32) "Operational area," an area where the
  contents of pesticide containers are transferred between containers, including
  transfer to application equipment; where pesticides are loaded, unloaded,
  mixed, repackaged, or refilled; or where pesticides are cleaned, washed, or
  rinsed from containers or from application, handling, storage, or
  transportation equipment; but not a facility or location that receives or
  distributes pesticides in the manufacturer's original unbroken containers which
  remain sealed and are otherwise unopened;
(33) "Operational area containment," any
  structure or system constructed in accordance with chapter 12:56:17, either
  stationary or portable, which is effectively designed and constructed to
  intercept and contain pesticide discharges, including container or equipment
  wash water and rinsates, and to prevent escape, runoff, and leaching from an
  operational area;
(34) "Organic
  pesticides," substances containing carbon hydrogen which are used as
  pesticides, excluding metallo-organic compounds;
(35) "Permanent bulk pesticide storage
  containers," containers which are not positioned on or a part of movable
  equipment, such as trucks, trailers, and tank cars;
(36) "Pesticide incinerator," any
  installation capable of the controlled combustion of pesticides at a
  temperature of 1,000 degrees centigrade for two seconds dwell time that will
  assure complete conversion of the specific pesticide to inorganic gases and
  solid ash residues;
(37) "Principal
  operational area," the operational area where a pesticide applicator conducts
  the majority of the activities listed under "operational area";
(38) "Residential premises," a structure that
  is used wholly or in part as a human residence, including all lawns, grounds,
  facilities, and furnishings pertaining to that structure; a residential
  structure occupied on a rental basis; and a mobile home used as a residence and
  the site on which it is located;
(39) "Runoff," the portion of precipitation
  that drains from an area as surface flow;
(40) "Sanitary landfill," a disposal facility
  approved or permitted by the state under chapter 74:27:04, employing an
  engineered method of disposing of solid wastes on land in a manner which
  minimizes environmental hazards by spreading the solid wastes in thin layers,
  compacting the solid wastes to the smallest practical volume, and applying
  cover material at the end of each working day;
(41) "Scrubbing," washing of impurities from
  any process gas stream;
(42) "Soil
  injection," the placement of pesticides by ordinary tillage practices within
  the plow layer of a soil;
(43)
  "Specially designated landfill," a landfill designated by the South Dakota
  department of environment and natural resources where pesticide-related waste,
  pesticides, and pesticide containers can be disposed of legally and where such
  dumping does not expose the public, the environment, or surface and subsurface
  waters to any contamination;
(44)
  "Statute," SDCL
  38-21-14 to 38-21-55,
  inclusive;
(45) "Stream," a river,
  creek, or tributary;
(46)
  "Transitory," a mobile nonpermanent outlet such as a truck;
(47) "Triple rinse," upon emptying by
  flushing of containers three times, each time using a volume of the normal
  diluent equal to approximately 20 percent of the containers' capacity, and
  adding the rinse liquid to the spray mixture or disposing of it by a method
  prescribed for the pesticide in chapter 12:56:02;
(48) Repealed;
(49) "Unreclaimable residues," residual
  materials of little or no value remaining after incineration;
(50) "Water dumping," disposal of pesticides
  into or on lakes, ponds, rivers, sewers, and other water systems;
(51) "Well," an artificial excavation or
  opening in the ground that is deeper than its largest surface dimension, that
  is made by digging, boring, drilling, jetting, or other artificial method for
  the purpose of obtaining groundwater, and that is currently used or usable or
  has been abandoned;
(52) "Well
  injection," disposal of excess pesticides and rinse liquids through a hole or
  shaft to a subsurface stratum;
(53)
  "Wetlands," those areas that are inundated or saturated by surface or
  groundwater and on which a prevalence of vegetation typically adapted for life
  in saturated soil conditions has been established.
General Authority:
SDCL
		38-21-15,
		38-21-15.1,
		38-21-51.
Law Implemented:
SDCL
		38-21-15,
		38-21-15.1,
		38-21-51.