Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 800 - Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters › Section 9VAC25-800-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The words and terms used in this chapter shall have the same
				  meanings as given in the State Water Control Law (§ 62.1-44.2 et seq. of
				  the Code of Virginia) and the VPDES Permit Regulation (9VAC25-31), unless the
				  context clearly indicates otherwise, except that for the purposes of this
				  chapter:
"Action threshold" means the point at which pest populations
				  or environmental conditions necessitate that pest control action be taken based
				  on economic, human health, aesthetic, or other effects. An action threshold may
				  be based on current or past environmental factors that are or have been
				  demonstrated to be conducive to pest emergence or growth, as well as past or
				  current pest presence. Action thresholds are those conditions that indicate
				  both the need for control actions and the proper timing of such actions.
"Active ingredient" means any substance (or group of
				  structurally similar substances if specified by the federal Environmental
				  Protection Agency (EPA) that will prevent, destroy, repel, or mitigate any
				  pest, or that functions as a plant regulator, desiccant, or defoliant within
				  the meaning of § 2(a) of the Federal Insecticide, Fungicide and
				  Rodenticide Act (FIFRA) (40
				  CFR 152.3). Active ingredient also means a
				  pesticidal substance that is intended to be produced and used in a living
				  plant, or in the produce thereof, and the genetic material necessary for the
				  production of such a pesticidal substance (40 CFR 174.3).
"Adverse incident" means an unusual or unexpected incident
				  that the operator observes upon inspection or of which otherwise becomes aware,
				  in which there is evidence that:
1. A
				person or nontarget organism has likely been exposed to a pesticide residue;
				and
2. The person or nontarget
				organism suffered a toxic or adverse effect.
The phrase "toxic or adverse effects" includes effects that
				  occur within surface waters on nontarget plants, fish, or wildlife that are
				  unusual or unexpected (e.g., effects are to organisms not described on the
				  pesticide product labels or not expected to be present) as a result of exposure
				  to a pesticide residue and may include:
1. Distressed or dead juvenile and small
				fishes;
2. Washed up or floating
				fish;
3. Fish swimming abnormally
				or erratically;
4. Fish lying
				lethargically at water surface or in shallow water;
5. Fish that are listless or nonresponsive to
				disturbance;
6. Stunting, wilting,
				or desiccation of nontarget submerged or emergent aquatic plants; and
7. Other dead or visibly distressed nontarget
				aquatic or semi-aquatic organisms (amphibians, turtles, invertebrates, etc.).
The phrase "toxic or adverse effects" also includes any
				  adverse effects to humans (e.g., skin rashes) or domesticated animals (e.g.,
				  vomiting, lethargy) that occur either from direct contact with or as a
				  secondary effect from a discharge (e.g., sickness from consumption of plants or
				  animals containing pesticides) to surface waters that are temporally and
				  spatially related to exposure to a pesticide residue.
"Biological control" means organisms that can be introduced
				  to sites, such as herbivores, predators, parasites, and hyperparasites.
"Biological pesticides" or "biopesticides" includes microbial
				  pesticides, biochemical pesticides, and plant-incorporated protectants
				  (PIP).
1. "Microbial pesticide" means
				a microbial agent intended for preventing, destroying, repelling, or mitigating
				any pest, or intended for use as a plant regulator, defoliant, or desiccant,
				that:
a. Is a eukaryotic microorganism,
				including protozoa, algae, and fungi;
b. Is a prokaryotic microorganism, including
				Eubacteria and Archaebacteria; or
c. Is a parasitically replicating microscopic
				element, including viruses.