reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-040 - Secondary containment of liquid bulk fertilizers - Prefabricated facilities

Current through Register Vol. 24-14, July 15, 2024
(1)
				Prefabricated [secondary containment] shall be composed of a rigid
				prefabricated basin having both a base and walls constructed of steel or
				synthetic materials which are resistant to corrosion, puncture or cracking.
				Materials used in the secondary containment shall be chemically compatible with
				the products being stored within the secondary containment. A written
				confirmation of compatibility from the basin manufacturer shall be kept on file
				at the permanent storage facility or at the nearest local office from which the
				permanent storage facility is administered.
(2) The prefabricated secondary containment
				shall be designed and installed to withstand all foreseeable loading
				conditions, including the tank load and a full hydrostatic head of any
				discharged liquid. Multiple basins connected to provide the capacity required
				in WAC 16-201-025 shall be connected in a
				manner which assures an adequate transfer of discharged liquid between
				basins.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-040,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-040, filed 11/2/93, effective 3/1/94.
Reviser's note:
RCW
					 34.05.395 requires the use of underlining and
					 deletion marks to indicate amendments to existing rules, and deems ineffectual
					 changes not filed by the agency in this manner. The bracketed material in the
					 above section does not appear to conform to the statutory
					 requirement.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-050 - Secondary containment of liquid bulk fertilizers - Discharge outlets or valves

Current through Register Vol. 24-14, July 15, 2024
Secondary containment, including prefabricated secondary
				  containment, shall not have discharge outlets or valves. Discharge outlets or
				  valves on existing secondary containment shall be sealed. Secondary
				  containments may be interconnected.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-050,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-050, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-060 - Secondary containment of liquid bulk fertilizers - Storage with other material

Current through Register Vol. 24-14, July 15, 2024
(1) No material
				may be stored within liquid fertilizer secondary containment unless the
				material is compatible with all other material stored within the secondary
				containment. For the purposes of this section, compatible means that the
				materials, when mixed together, will not react in a manner that will cause a
				human health or environmental hazard.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-060,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-060, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-070 - Secondary containment of liquid bulk fertilizers - Precipitation accumulations

Current through Register Vol. 24-14, July 15, 2024
Precipitation may not be allowed to accumulate in secondary
				  containment to the point where it:
(1)
				Reduces the capacity of the secondary containment below one hundred ten percent
				of the volume of the largest storage container within the area plus the
				displacement of all other storage containers, appurtenances, and other items
				within the containment area;
(2)
				Increases corrosion of storage containers or appurtenances; or
(3) Impairs the stability of storage
				containers.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-070,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-070, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-080 - Secondary containment of liquid bulk fertilizers - Recovery of discharges

Current through Register Vol. 24-14, July 15, 2024
Discharges within secondary containment shall be immediately
				  recovered.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-080,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-080, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-100 - Primary containment of liquid bulk fertilizers - Permanent storage facility

Current through Register Vol. 24-14, July 15, 2024
Permanent storage facility general requirements:
(1) Storage containers and appurtenances
				shall be constructed, installed and maintained so as to prevent the discharge
				of liquid fertilizer.
(2) Storage
				containers and appurtenances shall be constructed of materials which are
				resistant to corrosion, puncture or cracking.
(3) Materials used in the construction or
				repair of storage containers and appurtenances may not be of a type which react
				chemically or electrolytically with stored liquid fertilizer in a way which may
				weaken the storage container or appurtenances, or create a risk of
				discharge.
(4) Metals used for
				valves, fittings and repairs on metal storage containers shall be compatible
				with the metals used in the construction of the storage container, so that the
				combination of metals does not cause or increase corrosion which may weaken the
				storage container or its appurtenances, or create a risk of
				discharge.
(5) Storage containers
				and appurtenances shall be designed to handle all operating stresses, taking
				into account static head, pressure build up from pumps and compressors, and any
				other mechanical stresses to which the storage containers and appurtenances may
				be subject in the foreseeable course of operations.
(6) Every fertilizer storage container
				connection, except a safety relief valve connection, shall be equipped with a
				manual shut-off valve located on the storage container or at a distance from
				the storage container dictated by standard engineering practice.
(7) Appurtenances shall be adequately
				supported to prevent sagging and possible breakage because of gravity and other
				forces encountered in the ordinary course of operation.
(8) Fertilizer storage containers and
				appurtenances shall be protected against reasonably foreseeable risks of damage
				by trucks and other moving vehicles or objects.
(9) Tanks designed as underground storage
				tanks shall not be used as above ground storage tanks for fertilizer unless
				they are designed and approved for above ground use or have been inspected and
				approved by a certified engineer. A record of the inspection and approval shall
				be maintained as a permanent record.
Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-100, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-110 - Primary containment of liquid bulk fertilizers - Prohibition against underground storage

Current through Register Vol. 24-14, July 15, 2024
No person shall store liquid bulk fertilizer, fertilizer
				  spills or rinsates in an underground storage container or surface impoundment,
				  such as a lined pond or pit. A watertight catch basin or sump used for the
				  temporary collection of rinsate or runoff from transfer and loading areas is
				  exempt from this section.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-110,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-110, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-120 - Primary containment of liquid bulk fertilizers - Abandoned storage containers

Current through Register Vol. 24-14, July 15, 2024
(1)
				Storage containers used at a permanent storage facility, or used for temporary
				field storage to hold liquid bulk fertilizer or fertilizer rinsate are
				considered abandoned if they have been out of service for more than six
				consecutive months because of a weakness or leak, or have been out of service
				for any reason for more than two years without an integrity test having been
				performed.
(2) Abandoned
				underground storage containers containing fertilizer which meet the definition
				of hazardous substance underground storage tank system in chapter 173-360 WAC
				are subject to the applicable requirements in that chapter.
(3) Abandoned above ground storage containers
				shall be thoroughly cleaned. All hatches on the storage containers shall be
				secured and all valves or connections shall be severed or plugged with vents
				being left functional.
(4)
				Abandoned storage containers shall be posted with a clearly legible tag with
				the words "Out of Service."
(5)
				Abandoned storage containers shall not be allowed to be put back in service on
				the same site without first installing secondary containment
				protection.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-120,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-120, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-130 - Primary containment of liquid bulk fertilizers - Anchoring of storage containers

Current through Register Vol. 24-14, July 15, 2024
Storage containers shall be secured, if necessary, to prevent
				  flotation or instability which might occur as a result of liquid accumulations
				  within a secondary containment facility.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-130,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-130, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-140 - Primary containment of liquid bulk fertilizers - Filling storage containers

Current through Register Vol. 24-14, July 15, 2024
Storage containers may not be filled beyond the capacity for
				  which they are designed, taking into account the density of the liquid being
				  stored and thermal expansion during storage.
Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-140, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-150 - Primary containment of liquid bulk fertilizers - Liquid level gauging device

Current through Register Vol. 24-14, July 15, 2024
(1) Every
				storage container shall be equipped with a liquid level gauging device by which
				the level of liquid in the storage container can be readily and safely
				determined.
(2) A liquid level
				gauging device is not required if the level of fluid in a storage container can
				be readily and reliably measured by other means.
(3) Liquid level gauging devices shall be
				secured, in a safe manner, to protect against breakage or vandalism which may
				result in a discharge.
(4) External
				sight gauges are prohibited unless they are equipped with an automatic shut-off
				valve.
Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-150, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-160 - Primary containment of liquid bulk fertilizers - Security

Current through Register Vol. 24-14, July 15, 2024
All bulk fertilizer storage containers and appurtenances
				  shall be fenced or otherwise secured to provide reasonable protection against
				  vandalism or unauthorized access. Valves on storage containers shall be closed
				  and locked or otherwise secured when left unattended. Locks on end valves shall
				  be considered adequate security for containers and appurtenances. For purposes
				  of this section, unattended means there is no employee on the property for a
				  period of twelve hours or longer.
Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-160, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-170 - Primary containment of bulk fertilizers - Labeling

Current through Register Vol. 24-14, July 15, 2024
(1) All bulk fertilizer storage containers
				shall be clearly and conspicuously labeled to identify the contents.
(2) All bulk fertilizer storage containers
				shall bear a label or placard in accordance with Uniform Fire Code Standard No.
				79-3, identifying the material therein.
(3) All bulk fertilizer storage containers
				used for temporary field storage shall be labeled with the owner's name, the
				capacity of the tank, and an identifying number. Lettering shall be a minimum
				of two inches in height and in a color contrasting to the background.
(4) All bulk fertilizer storage containers
				used for temporary field storage shall have attached, in a weather-proof
				enclosure, a record of the date the storage container was put in
				place.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-170,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-170, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-180 - Primary containment of liquid bulk fertilizers - Temporary field storage

Current through Register Vol. 24-14, July 15, 2024
(1) Temporary
				field storage shall comply with the following sections: WAC
				16-201-100,
				16-201-110,
				16-201-120,
				16-201-140,
				16-201-150, and
				16-201-170.
(2) Temporary field storage shall be
				inspected for leakage and soundness daily when in use.
(3) Valves on temporary field storage shall
				be closed and locked or otherwise secured when left unattended.
(4) The physical location and identifying
				number of all temporary field storage shall be provided to the department upon
				request.
(5) Once temporary field
				storage is set in place, it may remain at that location without secondary
				containment for a maximum of twenty-one consecutive days commencing from the
				date of placement in any six-month period, after which it must be removed. Upon
				written request, the department may issue a permit to extend the time temporary
				field storage may be in one place during any six-month period due to weather
				related conditions. No advisory group review, pursuant to WAC
				16-201-280(2) is
				available for this type of permit.
Statutory Authority:
					 Chapters
					 15.54 and
					 34.05 RCW. 03-23-130, §
					 16-201-180, filed 11/19/03, effective 12/20/03. Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-180,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-180, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-190 - Operational area containment of liquid fertilizers - Permanent storage facility

Current through Register Vol. 24-14, July 15, 2024
(1)
				All operational area activities shall take place on or within operational area
				containment: Provided, That during the unloading or loading of railcars, marine
				vessels, or manned trucks when product is unloaded from direct shipments from
				manufacturers, individual basins or portable storage containers shall be used
				to recover spillage and leakage from transfer connections and pumps.
(2) Operational area containment shall be
				designed and constructed to contain fertilizers, rinsates, washwater and other
				materials spilled or deposited during mixing, loading, unloading, draining,
				rinsing and washing activities.
(3)
				The walls and floor of operational area containment shall be constructed of
				steel, poured reinforced concrete, precast concrete modules, solid masonry, or
				other materials or combination of materials that:
(a) Are designed to withstand a full
				hydrostatic head of any discharged liquid;
(b) Have sufficient thickness and chemical
				resistance to contain a release until it is recovered;
(c) Are constructed and maintained to a
				permeability standard of 1x10-6 cm/sec as determined
				by ASTM test method D-5084 Measurement of Hydraulic Conductivity of Saturated
				Porous Materials Using a Flexible Wall Permeameter or other test method
				approved by the department.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-200 - Operational area containment of liquid fertilizers - Temporary field storage

Current through Register Vol. 24-14, July 15, 2024
(1) During
				loading and unloading of liquid bulk fertilizer at temporary field storage
				locations individual basins or portable storage containers shall be used to
				recover spillage and leakage from transfer connections and pumps.
(2) Liquid bulk fertilizer storage containers
				used for temporary field storage shall be located at least one hundred feet
				from wells and surface water except, for purposes of this section, irrigation
				water flowing directly to a field, or on a field, is not considered surface
				water unless the water could be carried beyond the field being
				irrigated.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-200,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-200, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-210 - Dry bulk fertilizer storage and handling

Current through Register Vol. 24-14, July 15, 2024
(1) Dry bulk fertilizer shall be stored
				inside a structure or device having a roof or cover, sidewalls, and a base
				sufficiently impermeable to prevent contact with precipitation and surface
				water; or
(2) If dry bulk
				fertilizer is stored outdoors, it shall be placed on a ground cover
				sufficiently impermeable to prevent seepage or runoff and shall be completely
				covered with a tarpaulin or other suitable covering to prevent contact with
				precipitation and surface water.
(3) All loading, unloading, mixing and
				handling of dry bulk fertilizer at the storage facility shall be conducted on a
				surface of a size and design that will allow for the collection of spilled
				materials.
(4) Operational areas
				shall be cleaned to prevent accumulation of dry bulk fertilizer spilled during
				loading and unloading.
Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-210, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-220 - Backflow prevention

Current through Register Vol. 24-14, July 15, 2024
(1)
				When piping within secondary containment or an operational area is directly
				connected to a water source such as a well or public water system, an approved
				air gap or an approved reduced pressure principle backflow prevention assembly
				(RPBA) shall be installed to protect the water source. Approved air gaps and
				approved RPBA's shall be installed, operated, inspected and/or tested and
				maintained per WAC
				246-290-490
(2) Approved RPBA's shall be inspected and
				tested by a Washington State Department of Health certified backflow assembly
				tester, and approved air gaps shall be inspected by a Washington State
				Department of Health certified backflow assembly tester or cross-connection
				control specialist:
(a) At the time of
				installation, alteration or relocation, and
(b) At least on an annual schedule
				thereafter.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-230 - Fertilizer spill and rinsate management

Current through Register Vol. 24-14, July 15, 2024
(1) Fertilizer spills within secondary
				containment or operational area containment shall be immediately
				recovered.
(2) Fertilizer rinsate
				shall be removed from secondary containment and operational area containment as
				necessary to ensure the capacity of the containment area does not fall below
				the levels required by this chapter. [Rinsate] accumulations collected in an
				operational area water-tight sump shall not exceed the capacity of the sump at
				the end of the business day.
(3)
				Fertilizer spills or rinsates shall not be released to the environment unless
				the material is applied at normal fertilizer rates, used in fertilizer blends,
				used in a fertilizer manufacturing process, or disposed of properly.
(4) Recovered spills or rinsates in excess of
				500 gallons must be contained in a storage container within secondary
				containment. The storage container must be clearly and conspicuously labeled to
				identify the content.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-230,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-230, filed 11/2/93, effective 3/1/94.
Reviser's note:
RCW
					 34.05.395 requires the use of underlining and
					 deletion marks to indicate amendments to existing rules, and deems ineffectual
					 changes not filed by the agency in this manner. The bracketed material in the
					 above section does not appear to conform to the statutory
					 requirement.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-240 - Maintenance and inspection

Current through Register Vol. 24-14, July 15, 2024
(1)
				The operator of a fertilizer bulk storage facility shall inspect and maintain
				storage containers, appurtenances, secondary containment and operational area
				containment to minimize the risk of a fertilizer release.
(2) The inspection shall include a visual
				observation for any evidence of leaks, spills, cracks, solar decay or wear.
				Pressure testing may be used in lieu of visual observation for leaks in liquid
				bulk fertilizer facilities.
For the purpose of this section, "pressure testing" means a
				  test sufficient to determine the presence or absence of a leak within the
				  appurtenances of a liquid bulk fertilizer storage facility. Such pressure
				  testing must be conducted at a pressure rate exceeding the standard operating
				  pressure of the liquid bulk fertilizer storage facility, and must be conducted
				  in accordance with standards established for the materials of the
				  appurtenances, if such standards have been established.
(3) Maintenance of the fertilizer bulk
				storage facilities shall be performed as needed to ensure that the integrity of
				the bulk fertilizer storage containers, secondary containment and operational
				area containment is maintained.
(4)
				Bulk fertilizer storage containers and appurtenances shall be inspected at
				least once per month when in use. Secondary containment and operational area
				containment shall be inspected at least once per month when in use.
(5) All secondary and operational area
				containment shall be maintained free of debris and foreign matter.
(6) A written record of all inspections and
				maintenance shall be made on the day of the inspection or maintenance and kept
				at the storage site or at the nearest local office from which the storage site
				is administered.
(7) Inspection
				records shall contain the name of the person making the inspection, the date of
				the inspection, conditions noted and maintenance performed.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-240,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-240, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-250 - Recordkeeping requirements

Current through Register Vol. 24-14, July 15, 2024
Records required by this section and documents necessary to
				  ensure compliance with this chapter shall be made available for inspection and
				  copying by the department. The following records shall be maintained at
				  permanent storage facilities or at the nearest local office from which the
				  permanent storage facility is administered.
(1) A record of construction materials and
				methods of construction to show compliance with WAC
				16-201-025,
				16-201-028,
				16-201-030,
				16-201-040,
				16-201-050, and
				16-201-190. These records shall be
				maintained as permanent records.
(2) A record of the method(s) used to use or
				dispose of product or contaminated materials recovered from discharges outside
				secondary or operational area containment. This record applies only to
				discharges required to be reported to the Washington state department of
				ecology by the Washington state Dangerous waste regulations, chapter 173-303
				WAC. These records shall be maintained for a period of at least three
				years.
(3) Inspection and
				maintenance records required by WAC
				16-201-240. These records shall be
				maintained for a period of at least three years.
(4) Manufacturer's compatibility statements
				required by WAC
				16-201-030 and
				16-201-040. These records shall be
				maintained as permanent records.
(5) A copy of the permanent storage
				facility's spill response plan required by WAC
				16-201-260. This record shall be
				maintained as a permanent document.
(6) Records required by WAC
				16-201-100(9).
				These records shall be maintained as permanent records.
(7) Records required by WAC
				16-201-220, Backflow
				prevention.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-250,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-250, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-260 - Spill response plan

Current through Register Vol. 24-14, July 15, 2024
(1)
				The operator of a permanent storage facility shall prepare a written spill
				response plan for the permanent storage facility. If all or portions of the
				information required by the spill response plan have been prepared for plans
				required by other government agencies, they need not be prepared for this plan:
				Provided, That the information is readily accessible to emergency responders
				and department personnel. However, when copies of the plan are distributed, all
				required information shall be provided.
The plan shall include the following elements:
(a) The identity and telephone numbers of the
				persons and agencies who are to be contacted in the event of a spill, including
				persons responsible for the stored fertilizer.
(b) For each fertilizer stored at the
				permanent storage facility a complete copy of the storage container labeling
				required in WAC
				16-201-170, and the labeling
				required to accompany sale of the fertilizer under the Washington Commercial
				Fertilizer Act,
				chapter
				15.54 RCW.
(c) A material safety data sheet for each
				fertilizer stored at the permanent storage facility.
(d) The procedures to be used for controlling
				and recovering, or otherwise responding to a spill for each type of bulk
				fertilizer stored at the permanent storage facility.
(e) The procedures to be followed in using or
				disposing of a recovered spill.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-270 - Effective dates

Current through Register Vol. 24-14, July 15, 2024
The requirements of this chapter shall be effective
				  immediately: Provided, That
(1) All
				permanent storage facilities that have storage containers of one hundred
				thousand gallons or greater and that were in operation prior to March 1, 1994,
				shall comply with WAC
				16-201-020 through
				16-201-080, and
				16-201-190 by March 1,
				2001;
(2) Storage of bulk
				fertilizer, fertilizer spills or rinsates shall comply with WAC
				16-201-110 within 30 months of the
				effective date of this rule;
(3)
				Fertilizer spills or rinsates must be contained in compliance with WAC
				16-201-230(4) 
				within 30 months of the effective date of this rule.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-270,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-270, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-280 - Permits

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may issue a permit exempting any person from a requirement under this chapter
				if compliance is not technically feasible in the judgment of the department and
				the department finds that alternative measures provide substantially similar
				protection. All information required to prove that substantially similar
				protection is possible shall be provided to the department by the person
				requesting the permit.
(2) At the
				request of the department, advisory group, or permittee, an advisory group
				appointed by the director shall evaluate and advise the department on any
				request for permit from this chapter.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-280,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-280, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-290 - Penalties

Current through Register Vol. 24-14, July 15, 2024
Any person who fails to comply with any provisions of this
				  chapter shall be subject to imposition of a civil penalty as provided in
				  chapter
				  15.54
				  RCW.
Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-290, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-202 - Application of pesticides and plant nutrients through irrigation systems › Part 1 - GENERAL PROVISIONS FOR CHEMIGATION OPERATION › Section 16-202-1001 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish performance
					 standards for chemigation that are protective of existing and future uses of
					 surface water and groundwater quality.
Statutory Authority:
						Chapters
						15.54, 15.58, 17.21, and
						34.05 RCW. 01-23-018, §
						16-202-1001, filed 11/9/01, effective
						11/9/01.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-202 - Application of pesticides and plant nutrients through irrigation systems › Part 2 - GENERAL REQUIREMENTS FOR CHEMIGATION OPERATION › Section 16-202-1003 - What are the general requirements in performing a chemigation operation?

Current through Register Vol. 24-14, July 15, 2024
The applicator and the chemigation system must comply with
					 the following performance and operational requirements to protect human health
					 and the environment. The certified applicator is responsible for safe
					 application and for the proper operation of the chemigation equipment.
(1) Only pesticides properly labeled for
				  chemigation may be used.
(2) An
				  application system shall be operated in a manner that is consistent with the
				  intent of the pesticide label, state pesticide rules, and this chapter and its
				  provisions.
(3) Substituted
				  alternative technology not otherwise specified in this chapter must be
				  evaluated by the department to determine if the provisions of this chapter have
				  been fulfilled.
(4) During a
				  chemigation application, an irrigation system and injection system are
				  considered one unit, and the applicator is responsible for their proper
				  operation.
(5) Pesticides shall be
				  used or applied only by certified applicators or persons under the direct
				  supervision of a certified applicator.
(6) All applicable pesticide laws, in
				  addition to those contained in this chapter, pertain to chemigation.
(7) A chemigation system cannot draw water
				  from any water supply unless that supply is protected from contamination. The
				  applicator must verify that backflow cannot occur.
(8) Intentional or unintentional application
				  offsite is prohibited. The application must be continuously observed whenever
				  sensitive areas are at risk of being exposed to drift, runoff, or
				  overspray.
(9) Pesticides cannot be
				  applied with an open surface, gravity irrigation system unless allowed by the
				  product label.
(10) All chemigation
				  systems and system components must allow for adequate visual, physical and/or
				  manual inspection.
(11) A
				  chemigation system must be flushed out after an application.
(12) All components must be chemically
				  compatible with injected materials, water containing injected materials, and
				  system pressure.
(13) Equipment
				  must be calibrated and maintained in a manner to prevent misapplication or
				  offsite application of any product.
(14) Safety devices and injection equipment
				  must be installed, operated, and maintained in accordance with the
				  manufacturer's specifications, established industry standards, and department
				  rule.
Statutory Authority:
						Chapters
						15.54, 15.58, 17.21, and
						34.05 RCW. 01-23-018, §
						16-202-1003, filed 11/9/01, effective
						11/9/01.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-202 - Application of pesticides and plant nutrients through irrigation systems › Part 2 - GENERAL REQUIREMENTS FOR CHEMIGATION OPERATION › Section 16-202-1004 - Who may calibrate, load, start up, operate, monitor, or shut down a chemigation system?

Current through Register Vol. 24-14, July 15, 2024
(1) Only an
				  appropriately licensed certified applicator or a competent person acting under
				  the direct supervision of a certified applicator may calibrate, load, start up,
				  operate, monitor, or shut down a chemigation system.
(2) An individual who has successfully
				  completed annual certification training for chemigation when so authorized by
				  the department may perform these duties under the control of a certified
				  applicator who is immediately available if and when needed.
Statutory Authority:
						Chapters
						15.54, 15.58, 17.21, and
						34.05 RCW. 01-23-018, §
						16-202-1004, filed 11/9/01, effective
						11/9/01.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-202 - Application of pesticides and plant nutrients through irrigation systems › Part 2 - GENERAL REQUIREMENTS FOR CHEMIGATION OPERATION › Section 16-202-1005 - What are the site posting requirements for chemigation?

Current through Register Vol. 24-14, July 15, 2024
(1) The certified applicator must ensure
				  compliance with posting requirements as specified on the product
				  label.
(2) Posting, if required,
				  for a chemigation operation must occur no more than twenty-four hours before
				  the start of a chemigation operation, unless indicated otherwise in rule or by
				  the pesticide label. Posting must be removed no later than seventy-two hours at
				  the conclusion of the restricted reentry interval, unless indicated otherwise
				  in rule or by the pesticide label.
(3) Worker protection posting requirements
				  must also be met (chapter 16-233 WAC).
Statutory Authority:
						Chapters
						15.54, 15.58, 17.21, and
						34.05 RCW. 01-23-018, §
						16-202-1005, filed 11/9/01, effective
						11/9/01.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-202 - Application of pesticides and plant nutrients through irrigation systems › Part 2 - GENERAL REQUIREMENTS FOR CHEMIGATION OPERATION › Section 16-202-1006 - What are the recordkeeping requirements for an application?

Current through Register Vol. 24-14, July 15, 2024
All persons who apply pesticides by means of an irrigation
					 system shall keep a record of each application. In addition to the information
					 required in WAC
					 16-228-1320, the applicator must
					 be able to provide the total application depth of irrigation water applied
					 during the chemigation operation.
Statutory Authority:
						Chapters
						15.54, 15.58, 17.21, and
						34.05 RCW. 01-23-018, §
						16-202-1006, filed 11/9/01, effective
						11/9/01.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-202 - Application of pesticides and plant nutrients through irrigation systems › Part 2 - GENERAL REQUIREMENTS FOR CHEMIGATION OPERATION › Section 16-202-1007 - What are the identification requirements for application tanks?

Current through Register Vol. 24-14, July 15, 2024
The purpose of identification requirements is to minimize
					 the potential for human exposure and to facilitate remediation in the event of
					 component malfunction or a contamination event.
(1) An application tank must:
(a) Have the registered product label or
				  labels (including the EPA registration number(s) and the appropriate EPA
				  establishment number) prominently affixed to the application tank if it
				  contains product;
(b) Display its
				  maximum net capacity;
(c) Display a
				  contact name and telephone number; and
(d) Display an owner-derived numeric or
				  alphanumeric tank identifier.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-202 - Application of pesticides and plant nutrients through irrigation systems › Part 2 - GENERAL REQUIREMENTS FOR CHEMIGATION OPERATION › Section 16-202-1008 - What are the placement requirements for application tanks?

Current through Register Vol. 24-14, July 15, 2024
Application tanks cannot be located in an area or placed in
					 such a manner to contaminate water or to endanger human health, sensitive
					 areas, or the environment.
(1)
				  Application tanks should be positioned down gradient from wellheads, public
				  waterways, off-farm irrigation supply ditches or conveyance systems, or
				  sensitive areas.
(a) If down gradient
				  placement is not feasible, earthen berms or other structures of sufficient
				  design must be constructed to divert spillage, leakage, or surface flow away
				  from such areas.
(b) An application
				  tank cannot be placed closer than twenty feet from wellheads, public waterways,
				  off-farm irrigation supply ditches or conveyance systems, or sensitive
				  areas.
(c) Mixing or loading
				  activities cannot occur within twenty feet of a sensitive area, wellhead,
				  public waterway, off-farm irrigation supply ditch or conveyance system, and
				  irrigation water source.
(d)
				  Alternative technology that provides substantially equal protection such as a
				  secondary containment facility that complies with the structural design
				  requirements in the secondary and operational area containment rules (chapter
				  16-229 WAC) will fulfill the requirements in (a), (b), and (c) of this
				  subsection.
(e) Overflow from an
				  irrigation pond contaminated with product cannot enter a public waterway,
				  off-farm irrigation supply ditch or conveyance system, or sensitive
				  area.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-202 - Application of pesticides and plant nutrients through irrigation systems › Part 2 - GENERAL REQUIREMENTS FOR CHEMIGATION OPERATION › Section 16-202-1009 - Under what conditions is an application tank exempt from secondary and operational area containment rules?

Current through Register Vol. 24-14, July 15, 2024
Application tanks functionally connected to and dedicated
					 solely for use with a chemigation system may be exempt from the secondary and
					 operational area containment rules (chapter 16-229 WAC). The following
					 conditions determine whether a tank that is a component of a chemigation
					 system, is subject to the secondary and operational area containment
					 rules.
(1) Time-in-place.
(a) Product can remain in an application tank
				  for a period not to exceed fourteen days between chemigation applications. If
				  the fourteen-day period is exceeded, the tank is deemed to be a storage
				  facility and is therefore subject to the secondary and operational area
				  containment rules.
(b) An
				  application tank containing product during the nonapplication or nonirrigation
				  season is subject to the secondary and operational area containment rules
				  regardless of tank size.
(c) The
				  application tank must be removed at the end of the irrigation or application
				  season, whichever is shorter, but not to exceed nine months. At the end of this
				  period, the application tank must be emptied, cleaned, visually inspected for
				  integrity, and serviced. The tank must be removed from the site, or the tank
				  must be decommissioned and clearly tagged with the words "out-of-service," or
				  the tank must be managed as a permanent storage facility (chapter 16-229
				  WAC).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-202 - Application of pesticides and plant nutrients through irrigation systems › Part 2 - GENERAL REQUIREMENTS FOR CHEMIGATION OPERATION › Section 16-202-1010 - How should rinsate or backflush water from a filtration device be handled?

Current through Register Vol. 24-14, July 15, 2024
(1) Water used to
				  rinse, flush, or clean equipment or containers is considered rinsate. It must
				  be applied at or below label rate to a target site or disposed of properly in
				  accordance with chapter 173-303 WAC.
(2) Contaminated backflush water from a
				  filtration device cannot contaminate groundwater or surface water, or adversely
				  impact sensitive areas.
Statutory Authority:
						Chapters
						15.54, 15.58, 17.21, and
						34.05 RCW. 01-23-018, §
						16-202-1010, filed 11/9/01, effective
						11/9/01.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-202 - Application of pesticides and plant nutrients through irrigation systems › Part 3 - SAFETY REQUIREMENTS FOR CHEMIGATION SYSTEM › Section 16-202-1011 - What are the general antipollution safety device requirements for a chemigation system?

Current through Register Vol. 24-14, July 15, 2024
All systems must have antipollution safety devices that
					 include a backflow prevention system, metering device, injection device, and
					 system interlock as listed on the pesticide label and contained in this rule.
					 To prevent backflow into the irrigation water source or chemical supply
					 system.
Statutory Authority:
						Chapters
						15.54, 15.58, 17.21, and
						34.05 RCW. 01-23-018, §
						16-202-1011, filed 11/9/01, effective
						11/9/01.