reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12D - Reg To Govern The Aerial Application Of Herbicides To Right-of-Ways › Section 61-12D-5 - Minimum Spray Distances

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				applicator for the utility shall not apply herbicides within the distance
				specified in the tables contained in this section of the rule. The following
				minimum spray distances shall be adhered to unless greater distances are
				specified on the label of the pesticide.
5.1.a. Formulations Containing Picloram or
				Dicamba herbicides:
AREA
Ponds
100 feet
Year Around Flowing Water (including wells, springs,
							 and other water areas used for domestic purposes)
200 feet
Cultivated Land,
except Tobacco fields
100 feet
Tobacco fields
500 feet
Christmas Tree Plantations
100 feet
Pasture Lands
100 feet
Public Recreation Areas
100 feet
Residential Structures (used as year-around
							 homes)
150 feet
Barns and Other Outbuildings
Where People or Livestock
Might Ordinarily Be Expected
150 feet
County, State, and Federal,
Graveled or Paved Road
Crossovers and lines
Parallelling such Roads
50 feet
5.1.b. Other Herbicide Formulations Not
				Listed in sub division 5.1.a of this rule.
AREA
Ponds
100 feet
Year Around Flowing Water (including wells, springs,
							 and other water areas used for domestic purposes)
200 feet
Cultivated Land,
except Tobacco fields
100 feet
Tobacco fields
200 feet
Pasture Lands
100 feet
Christmas Tree Plantations
100 feet
Residential Structures (used as year around
							 homes)
100 feet
Barns & Other Outbuildings
Where People or Livestock
Might Ordinarily Be Expected
150 feet
Public Recreation Areas
150 feet
County, State, and Federal,
Graveled or Paved Road
Crossovers and lines
Parallelling such Roads
50 feet
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12D - Reg To Govern The Aerial Application Of Herbicides To Right-of-Ways › Section 61-12D-6 - Company Monitoring of Herbicide Applications to their Rights-of-Way

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Utility
				personnel shall inspect their rights-of-way which have been sprayed with
				herbicides to insure that applicable standards have been adhered to and shall
				keep a log of such inspections on file for at least two (2) years. The log
				shall contain the following information.
6.1.a. the inspector's name;
6.1.b. the date of the inspection;
6.1.c. a description or identification of the
				area inspected; and
6.1.d. a record
				of compliance or deviation from this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12D - Reg To Govern The Aerial Application Of Herbicides To Right-of-Ways › Section 61-12D-7 - Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. When a person
				owns a right-of-way wholly on his private or corporate property, he may ask the
				commissioner for an exception from the prior notification requirements of
				section 3 of this rule. The commissioner may grant an exception from these
				requirements in situations where prior notification does not serve to protect
				the public interest. The commissioner shall consider each request for an
				exception on a case by case basis.
7.2. Persons requesting a deviation from
				Section 3 of this rule shall provide the Commissioner with the following
				information.
7.2.a. the location of the
				rights-of-way to be sprayed;
7.2.b.
				the distance from the rights-of-way to residences, public highways,
				agricultural lands or navigatible rivers; and
7.2.c. the herbicides to be sprayed,
				including application rates.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12E - Registry Of Persons with Health Sensitivity To Pesticide Drift › Section 61-12E-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule establishes a registry of West Virginia residents with a
				documented health sensitivity to pesticide sprays that may drift to their
				property during application.
1.2.
				Authority. -- W. Va. Code '19-16A-6(k­).
1.3. Filing Date. -- December 20,
				1990.
1.4. Effective Date. --
				January 21, 1991.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12E - Registry Of Persons with Health Sensitivity To Pesticide Drift › Section 61-12E-2 - Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Pesticide
				Division shall prepare from information provided by an applicant for
				registration a registry of persons with a documented health sensitivity to
				pesticides.
2.2. The Pesticide
				Division shall distribute the registry of persons with health sensitivity to
				pesticide application business for voluntary notification.
2.2.1. Distribution of the list shall occur
				annually during March or upon the initial licensing of a pesticide application
				business.
2.2.2. An updated list
				shall be distributed every four (4) months or more often of determined
				necessary by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12E - Registry Of Persons with Health Sensitivity To Pesticide Drift › Section 61-12E-3 - Requirements for Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Upon request persons meeting the
				following requirements shall be placed on the registry for health sensitivity
				to pesticide drift.
3.1.1. Persons with a
				pesticide sensitivity documented by a valid certificate from a physician
				indicating the person's pesticide sensitivity.
3.1.2. Persons with a condition or ailment
				documented by a physician certification indicating they should not be exposed
				to pesticide drift.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12F - Assessment Of Civil Penalties And Procedures For Consent Agreement Or Negotiated Settlement › Section 61-12F-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish procedures to provide for consent agreements
				or negotiated settlement of civil penalties assessed in dealing with violations
				of the West Virginia Pesticide Control Act and promulgated rules.
1.2. Authority. -- W. Va. Code ''19-16A-4,
				19-16A-22 .
1.3. Filing Date. --
				April 23, 1992.
1.4. Effective
				Date. -- April 27, 1992.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12F - Assessment Of Civil Penalties And Procedures For Consent Agreement Or Negotiated Settlement › Section 61-12F-2 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the West Virginia Pesticide Control Act of 1990 (W. Va. Code '19-16A-1 et
				seq.).
2.2. "Administrative Hearing
				Officer" means a person contracted by the commissioner to preside over a formal
				hearing.
2.3. "Commissioner" means
				the Commissioner of the West Virginia Department of Agriculture or his
				authorized representative.
2.4.
				"Compliance Officer" means a person appointed by the commissioner to preside
				over an informal hearing arising as a result of these rules.
2.5. "Consent Agreement" means a document
				executed between the commissioner and another party affirming the level of a
				proposed penalty for an alleged violation or violations.
2.6. "Enforcement Officer" means a person
				appointed by the commissioner to carry out the review of alleged violations,
				assessment of the penalty and the procedure contained in these rules.
2.7. "Inspector" means an authorized
				representative of the commissioner who as a normal function of his
				responsibilities conducts inspections, investigations, or sampling of
				activities regulated by the Act.
2.8. "License Violation" means any violation
				of the Act related to the requirements for the licensing or registration of
				pesticide businesses, applicators or technicians.
2.9. "Negotiated Settlement" means any
				written document executed between the commissioner and another party affirming
				an agreement to a penalty as a result of an informal hearing.
2.10. "Non-Use Violation" means any violation
				of the Act related to requirements for records, supervision, special
				regulations or misrepresentation of goods and service.
2.11. "Product Violation" means any violation
				of the Act related to requirements of product registration, labeling,
				coloration, product integrity or guaranteed analysis.
2.12. "Use Violation" means any violation of
				the Act related to requirements for the use of pesticides.
2.13. "Violator" means the person who is
				alleged to have violated the Act, or any rule, regulation, order, or permit
				condition imposed pursuant to the Act.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12F - Assessment Of Civil Penalties And Procedures For Consent Agreement Or Negotiated Settlement › Section 61-12F-3 - Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. These civil
				penalty assessment rules are designed to include most violations of the Act
				encountered by pesticide businesses, certified applicators and non-certified
				applicators. However, there may be situations which arise that are not
				adequately covered by these rules. In such cases, the enforcement officer shall
				determine an appropriate course of action and make a recommendation for such
				action to the commissioner. After review of the circumstances, the commissioner
				may concur with the recommendation or give direction for other appropriate
				action as prescribed under the authority of the Act.
3.2. The time interval between the first
				offense and each repeated offense, beyond which no enforcement action may be
				taken and which shall clear the applicators record, will be limited to two
				years for all use, non-use or product violations. There is no time limit for
				licensing violations.
3.3. The
				enforcement officer reviewing a case shall prepare a finding of facts
				surrounding any discovered violation of Section 21 of the Act. Once a violation
				is discovered the enforcement officer shall determine:
3.3.a. The appropriateness of a civil penalty
				or criminal enforcement action;
3.3.b. The character of the violation and the
				appropriate enforcement level as contained in the schedule of penalty codes
				contained in Table 61-12F-A of this rule. The violations are categorized into
				the following types:
3.3.b.A. Licensing
				violations
3.3.b.B. Non-Use
				violations
3.3.b.C. Use
				violations
3.3.b.D. Product
				violations
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12F - Assessment Of Civil Penalties And Procedures For Consent Agreement Or Negotiated Settlement › Section 61-12F-4 - Consent Agreement and Negotiated Settlement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Consent agreements or negotiated
				settlements are intended as a mechanism to settle violations without expensive
				costs to both parties for administrative or criminal hearings. The violations
				cited in the notice of violation are capable of being recognized by the
				violator and the penalty settlement can be accomplished without a hearing. The
				enforcement officer shall provide the violator a written notice of violation,
				by certified mail or personal service, which includes a finding of fact and a
				proposed level of enforcement action. If the violator agrees with the proposed
				level of action, he shall sign a consent agreement form and return it with
				payment of the assessed penalty.
4.2. Negotiated Settlement - Right to
				informal hearing. In the event that the violator disagrees with the findings of
				the investigation and/or the level of enforcement action, the violator has 20
				calendar days from his receipt of the notice of civil penalty to request a
				hearing. The violator has the option of requesting an informal hearing or may
				request a formal hearing as prescribed under sub-section 4.7 of this rule.
				During an informal hearing the violator may submit to the compliance officer
				any mitigating circumstances as to why the compliance officer should alter the
				investigative findings or level of enforcement action.
4.3. Notice and Scheduling of Informal
				Hearing. If the violator requests an informal hearing within the twenty day
				period, the compliance officer shall schedule a hearing in accordance with the
				following procedures:
4.3.a. The compliance
				officer shall notify any inspector or other authorized representative of the
				commissioner who was involved in the investigation of the violation bringing
				about the informal hearing and the violator of the time and place of the
				informal hearing. In scheduling the location of the informal hearing, the
				compliance officer shall consider the location of the violation and the
				violator. The compliance officer may schedule the hearing anywhere in the state
				of West Virginia.
4.3.b. The
				compliance officer shall notify the parties at least fifteen (15) calendar days
				prior to the time of the hearing.
4.3.c. The compliance officer may continue
				the informal hearing only for good cause shown.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12G - General Groundwater Protection Rules For Pesticides › Section 61-12G-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the guidance and best management practices for the
				transportation, storage and use of pesticides to prevent, minimize or mitigate
				the entry of pesticides into groundwater.
1.2. Authority -- W. Va. ''19-16A-4-6(N) and
				22-12-5c.
1.3. Filling Date. --
				June 24, 1993.
1.4. Effective Date.
				-- July 1, 1993.
1.5. This is a new
				legislative rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12G - General Groundwater Protection Rules For Pesticides › Section 61-12G-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				The following rules are protective of groundwater or have components that are
				protective of groundwater. These documents are adopted in their entirety:
2.1.a. Certified Pesticide Applicator Rules,
				WV 61 CSR 12A et seq.
2.1.b.
				Licensing of Pesticide Business, WV 61 CSR 12B et seq.
2.1.c. Wood Destroying Insect Treatment
				Standards WV 61 CSR 12C et seq.
2.1.d. Regulations Governing the Aerial
				Application of Herbicides to Rights of Way, WV 61 CSR 12D et seq.
2.1.e. Bulk Pesticide Operational Rules, WV
				61 CSR 12H et seq.
2.1.f. Non-bulk
				Pesticide Rules for Permanent Operational Areas WV 61 CSR 12I et seq.
2.1.g. Generic State Management Plan for
				Pesticides and Fertilizers (latest version) WV 61 CSR 22 et seq.
2.1.h. Best Management Practices for
				Temporary Operational areas of Non-bulk Pesticides, WV 61 CSR 22A et
				seq.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12G - General Groundwater Protection Rules For Pesticides › Section 61-12G-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				definitions used in W. Va. Code '19-16A-1 et seq. and
				the regulations adopted thereunder shall apply to these regulations unless
				otherwise defined in this regulation.
3.2. "Best Management Practices" means
				activities, procedures and practices designed to prevent or remedy the
				introduction of pesticides or pesticide residues into groundwater to the extent
				technically feasible and economically possible.
3.3. "Bulk Pesticide" means any registered
				pesticide which is transported or held in an individual container in undivided
				quantities of greater than fifty-five (55) U.S. gallons liquid measure or one
				hundred (100) pounds net dry weight. This term does not apply to those
				pesticides packaged for retail sale and use in containers approved by the U.S.
				Department of Transportation for interstate transportation.
3.4. "Chemigation" means the application of
				pesticides by an irrigation system.
3.5. "Non-bulk pesticide" means all
				pesticides not meeting the definition of bulk pesticides.
3.6. "Non-point source" means a diffuse
				source of chemicals resulting from activities over a large area, the effects of
				which must normally be addressed by a management or conservation
				practice.
3.7. "Operational area"
				means an area or areas where the contents of pesticide containers are
				transferred between containers, including the transfer to application
				equipment, loaded, unloaded, mixed, repackaged, refilled or where pesticides
				are cleaned, washed or rinsed from containers or application, handling, storage
				or transportation equipment. An operational area does not include a facility or
				location that receives and/or distributes pesticides in the manufacturer's
				original unbroken container and such containers remain sealed or otherwise
				unopened.
3.8. "Point Source" means
				a source of chemicals resulting from a mixing, loading, storage or other
				activity over a small area.
3.9.
				"Temporary Operational Area" means an operational area that is not a permanent
				operational area, except when the operational area activities are carried out
				within the field or at a site of application and these activities occur no more
				than three (3) times per calendar year at the same location for a period of
				less than thirty-six (36) hours total and areas in and around a private
				dwelling where a resident of that dwelling is conducting incidental activities
				associated with pesticides.
3.10.
				"Water quality standards" means the standards of purity and quality promulgated
				by the State Water Resources Board.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12G - General Groundwater Protection Rules For Pesticides › Section 61-12G-4 - Program and Policy Statements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The commissioner finds that the current
				knowledge of the soils of the state and the leaching of many of the active
				ingredients found in pesticides is, in many instances, not sufficient to allow
				for the development of statewide mandatory use and application practices other
				than the directions for use found on pesticide product labels as registered by
				the U.S. Environmental Protection Agency or the commissioner for use in this
				state.
4.2. The commissioner
				encourages the use of voluntary best management practices promulgated by rules
				that may be effective in the protection of the groundwaters of the
				state.
4.3. The commissioner
				encourages the education of all users of pesticides so that they have the
				knowledge and technical means to respond independently and voluntarily in
				addressing environmental concerns. The commissioner shall encourage the
				development of training and educational programs for persons who make
				recommendations for the application of pesticides and for the persons who apply
				pesticides.
4.4. The commissioner
				may develop chemical specific or generic mandatory best management practices by
				rule for the storage and use of pesticides.
4.5. The commissioner shall promulgate rules
				to make some or all of the voluntary best management practices mandatory in a
				portion or all of the state when the monitoring program indicates that the
				concentrations of residues from pesticides in groundwater are increasing or
				other valid data shows that concentrations exceeding the water quality
				standards have occurred. The commissioner shall utilize data averaged from at
				least four samples over a one year period to determine if the water quality
				standards have been exceeded or there is a trend of increasing concentrations
				of pesticide residues.
4.6 The
				commissioner shall review the voluntary and mandatory programs every five (5)
				years to determine the effectiveness of the programs and will effect change in
				the programs if the voluntary and/or mandatory programs are not effective or if
				the current best available technology needs to be incorporated into these
				programs.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12G - General Groundwater Protection Rules For Pesticides › Section 61-12G-6 - Protection of Groundwater From Point Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any person storing bulk pesticides in
				undivided quantities in excess of three hundred (300) U.S. gallons liquid or
				one hundred (100) pounds dry weight for more than thirty (30) consecutive days
				per year shall comply with the Bulk Pesticide Operational Rules (WV 61 CSR 12H)
				in addition to these rules.
6.2.
				Any person maintaining a permanent operational area where either concentrate or
				diluted pesticides in excess of three hundred (300) U.S. gallons of liquid or
				three thousand (3,000) pounds of net dry weight or where a total of one
				thousand five hundred (1,500) pounds of pesticides as active ingredients are
				transferred, loaded, unloaded, mixed, repackaged, refilled, or cleaned, washed
				or rinsed from containers or application equipment over a thirty (30) day
				period either consecutive or cumulative during a calendar year shall comply
				with the Non-bulk Pesticide Rules for Permanent Operational Areas (WV 61 CSR
				12I) in addition to these rules.
6.3. Any person maintaining a temporary
				operational area where non-bulk quantities of pesticides are stored, handled,
				transferred between containers, including application equipment, loaded,
				unloaded, mixed, repackaged, refilled or where pesticides are cleaned, washed,
				or rinsed from containers, or application, handling, storage or transportation
				equipment shall consult or review the practices contained in Best Management
				Practices for Temporary Operational Areas of Non-bulk Pesticides (WV 61 CSR
				22A).
6.4. Other point source
				management practices, voluntary and/or mandatory are reserved.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12G - General Groundwater Protection Rules For Pesticides › Section 61-12G-7 - Protection of Groundwater From Non-Point Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person who applies pesticides shall
				use them in accordance with their labeling as accepted by the U.S.
				Environmental Protection Agency or as registered by the commissioner or subject
				to any restrictions, modifications or as ordered by the commissioner when
				necessary to protect groundwater in this state or portions of this
				state.
7.2. Any person applying
				pesticides classified as "restricted use pesticides" by either the U.S.
				Environmental Protection Agency or the commissioner or who commercially applies
				pesticides shall comply with the rules for Certified Pesticide Applicators (WV
				61 CSR 12A) and/or the rules for the Licensing of Pesticide Business (WV 61 CSR
				12B) as applicable to their operation.
7.3. Other non-point source management
				practices, voluntary and/or mandatory are re­served.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12G - General Groundwater Protection Rules For Pesticides › Section 61-12G-8 - Remediation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In issuing any
				remediation order pursuant to W. Va. Code '22-12-10,
				the commissioner shall:
8.1.a. encourage
				agreements for investigation and cleanups in appropriate cases;
8.1.b. use permanent solutions to the maximum
				extent practical to correct groundwater contaminations where
				possible;
8.1.c. not allow for the
				dilution and dispersion of the contaminant if active remedial measures are
				technically and economically feasible; and
8.1.d. specify which parameters will be
				tested in a monitoring program in order to demonstrate control and
				containment.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12G - General Groundwater Protection Rules For Pesticides › Section 61-12G-9 - Hearings and Civil Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				The commissioner shall be governed by W. Va. Code '22-12-10
				when conducting hearings or assessing civil penalties for the violation of
				groundwater rules.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12H - Bulk Pesticide Operational Rules › Section 61-12H-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the requirements governing the operation of
				facilities dealing with repackaging, distribution, storage and transportation
				of bulk pesticides.
1.2. Authority.
				-- W. Va. Code '19-16A-4.
1.3. Filing Date. -- June 24, 1993.
1.4. Effective Date. -- July 1,
				1993.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12H - Bulk Pesticide Operational Rules › Section 61-12H-3 - Repackaging and Distribution of Bulk Pesticides

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Bulk pesticides, in bulk quantities, may
				be repackaged for sale or distribution only when:
3.1.1. the producing establishment conducting
				the transfer, sale, or delivery complies with the Federal Insecticide,
				Fungicide and Rodenticide Act (FIFRA), Section 7 (Registration of Pesticide
				Product Establishments), including a written authorization from the registrant
				allowing repackaging. Facilities engaged in the distribution of bulk pesticides
				for purposes of application are not subject to sub-section 3.1 or 3.2 of this
				rule; however, all other applicable requirements of these rules shall apply to
				the facility;
3.1.2. a
				representative of the receiving establishment is present when the product is
				received and when it is repackaged for sale or distribution;
3.1.3. the container into which the bulk
				pesticide is repackaged is effectively designed and constructed to hold bulk
				volumes of the pesticide being repackaged, is clean, is in a good state of
				repair and meets the approval of the repackager; and
3.1.4. there is no change in the:
a. pesticide formulation;
b. product labeling, except for the addition
				of the assigned EPA registration number of the repackaging site and net
				contents statement; and
c.
				identity of the party accountable for the integrity of the product, i.e., the
				manufacturer or registrant as evidenced by the assigned EPA product
				registration number.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12H - Bulk Pesticide Operational Rules › Section 61-12H-4 - Bulk Pesticide Storage Facility Registry

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All product manufacturers or registrants
				shall notify the commissioner prior to the initial bulk shipment to any
				repackaging establishment within this state. This notification shall include
				the name and address of each repackaging establishment receiving such delivery
				and an indication whether or not the establishment has been authorized by the
				registrant to repackage in bulk or non-bulk quantities or dedicated containers.
				The commissioner may disclose the information obtained pursuant to this rule as
				permitted by W. Va. Code '19-16A-5(h).
4.2. All pesticide storage facilities
				operating in this state shall register with the department by March 1 of each
				year on a form provided by the commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12H - Bulk Pesticide Operational Rules › Section 61-12H-6 - Emergency and Discharge Response Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The operator of bulk pesticide storage
				facility shall prepare a written emergency and discharge response plan for the
				storage facility. The operator shall keep the plan current at all times. A copy
				of the plan shall be kept at a prominent location at the storage facility and,
				if applicable, at the nearest local office from which the storage facility is
				administered. The operator shall make the plan available for employee use and
				for inspection by the commissioner. The operator of the bulk pesticide storage
				facility shall provide a current copy of the plan to all local fire and police
				departments.
6.2. The plan shall
				include, but is not limited to:
6.2.1. the
				identity and telephone numbers of the persons who are to be contacted in the
				event of an emergency or discharge;
6.2.2. for every bulk pesticide stored at the
				facility, a complete copy of the storage container label registered in this
				state;
6.2.3. a complete copy of
				the Material Safety Data Sheet for every bulk pesticide stored at the
				facility;
6.2.4. the procedures and
				equipment to be used in controlling and recovering or otherwise responding to
				an emergency or a discharge; and
6.2.5. an identification, by location, of
				every fixed bulk pesticide storage container of a greater than three hundred
				(300) gallon capacity located at the facility, and the type of bulk pesticide
				stored therein. The plan shall include the general location within the facility
				of fixed storage containers of less than three hundred (300) gallon
				capacity.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12H - Bulk Pesticide Operational Rules › Section 61-12H-7 - Transportation of Bulk Pesticides

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person transporting bulk pesticides
				shall meet all applicable marking and placarding standards of the West Virginia
				Public Service Commission and U.S. Department of Transportation rules and
				regulations.
7.2. Any person
				transporting bulk pesticide containers shall secure them to prevent movement,
				shifting or discharge during transportation.
7.3. No person may transport bulk pesticides
				without a label for the registered pesticide product accompanying each
				shipment.
7.4. When a discharge
				occurs, the operator shall contact the department, and the pesticide
				manufacturer for guidance.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12H - Bulk Pesticide Operational Rules › Section 61-12H-8 - Underground Bulk Pesticide Storage

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Bulk pesticides, rinse waters containing
				pesticides or discharges may not be stored underground.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12I - Non-bulk Pesticide Rules For Permanent Operational Areas (Technical Cleanup 10/6/95) › Section 61-12I-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative rule establishes the requirements governing the operation of
				permanent locations used for the storage and mixing and loading of non-bulk
				pesticides.
1.2. Authority. -- W.
				Va. Code '19-16A-4.
1.3. Filing Date. -- June 24, 1993.
1.4. Effective Date. -- July 1,
				1993.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12I - Non-bulk Pesticide Rules For Permanent Operational Areas (Technical Cleanup 10/6/95) › Section 61-12I-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				definitions used in W. Va. Code '19-16A-1 et seq. and
				the regulations adopted thereunder shall apply to these regulations unless
				otherwise defined in this regulation.
2.2. "Bulk Pesticide " means any registered
				pesticide which is transported or held in an individual container in undivided
				quantities of greater than fifty-five (55) U.S. gallons liquid measure or one
				hundred (100) pounds net dry weight. This term does not apply to those
				pesticides packaged in containers approved by the U. S. Department of
				Transportation for interstate transportation.
2.3. "Discharge" means any spill, leak,
				deposit, dumping or emptying, either accidental or otherwise, that results in a
				release of a pesticide outside the contained portion of an operational area.
				Discharge does not include lawful transfer, mixing, loading, unloading,
				repackaging or refilling of a pesticide provided these or other similar
				activities are carried out within an operational area containment. In addition,
				discharge does not include the lawful distribution, use, disposal or
				application of a pesticide.
2.4.
				"Non-bulk Pesticide" means all pesticides not meeting the definition of bulk
				pesticides.
2.5. "Operational Area"
				means an area or areas where pesticides are transferred between containers,
				including transfer to application equipment, loaded, unloaded, mixed,
				repackaged, refilled or where pesticides are cleaned, washed or rinsed from
				containers or application, handling, storage or transportation equipment. An
				operational area does not include a facility or location that receives and/or
				distributes pesticides in the manufacturer's original unbroken container and
				these containers remain sealed or otherwise unopened or areas not falling
				within the definition of a permanent operational area defined in this
				rule.
2.6. "Operational Area
				Containment" means any structure or system designed and constructed to
				intercept and contain discharges, including container or equipment wash water,
				rinsates, and rainwater, and to prevent escape, run-off and leaching from an
				operational area.
2.7. "Permanent
				Operational Area" means an operational area where either pesticide concentrates
				or use dilution mixtures in excess of three hundred (300) U.S. gallons of
				liquid or three thousand (3,000) pounds of net dry weight are transferred,
				loaded, unloaded, mixed, repackaged, refilled, or cleaned, washed or rinsed
				from containers or application equipment, handling equipment, storage equipment
				or transportation equipment over a thirty (30) day period either consecutive or
				cumulative during a calendar year.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12I - Non-bulk Pesticide Rules For Permanent Operational Areas (Technical Cleanup 10/6/95) › Section 61-12I-3 - Permanent Operational Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Four (4) years after the effective date
				of this rule all permanent operational area activities shall be conducted or
				carried out within operational area containments.
3.2. All operational area activities
				conducted or carried out within a permanent operational area:
3.2.a. shall be carried out in a manner that
				prevents the escape of discharges that may result in unreasonable adverse
				effects on the environment.
3.2.b.
				shall be carried out on an impervious surface, such as a concrete pad or other
				similar pad approved by the commissioner, that is suitably coated with a
				material to retard absorption of discharges and to facilitate recovery of any
				discharged materials.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12I - Non-bulk Pesticide Rules For Permanent Operational Areas (Technical Cleanup 10/6/95) › Section 61-12I-4 - Recovery, Storage and Use of Discharges

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any person who operates within the
				operational area containment shall immediately and fully recover all
				discharges. Operational area surfaces exposed to pesticides (concentrate or
				dilute) shall be periodically cleaned with all rinsates recovered and properly
				stored or disposed of according to state requirements. Recovered discharges
				shall be stored above ground in suitable containers in compliance with all
				secondary containment provisions. Recovered discharges may be used according to
				applicable product label(s). Rainwater recovered from containment areas may be
				used for pesticide dilutions when it is reasonably free of
				pesticides.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12I - Non-bulk Pesticide Rules For Permanent Operational Areas (Technical Cleanup 10/6/95) › Section 61-12I-5 - Hearings and Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				commissioner shall be governed by W. Va. Code '19-16A-22
				when conducting hearings or assessing civil penalties for the violation of
				these rules. The penalty provisions of W. Va. Code '19-16A does not preclude
				the commissioner's right to issue orders or assess penalties pursuant to W. Va.
				Code '22-12-1 et
				seq.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12J - Integrated Pest Management Programs In Schools And Day Care Centers/Facilities › Section 61-12J-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes procedures to provide for integrated pest
				management programs in schools, child care centers and family child care
				facilities.
1.2. Authority. --
				W.Va. Code §
									19-16A-4.
1.3. Filing Date. -- April 8, 2010.
1.4. Effective Date -- July 1,
				2010.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12J - Integrated Pest Management Programs In Schools And Day Care Centers/Facilities › Section 61-12J-3 - Integrated Pest Management

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Integrated Pest Management is a system of controlling pests in which pests are
				identified, action thresholds are considered, all possible control options are
				evaluated and selected controls are implemented. Control options, which include
				biological, chemical, cultural, manual, and mechanical methods, are used to
				prevent or remedy unacceptable pest activity or damage. Choice of control
				options is based on effectiveness, environmental impact, site characteristics,
				worker/public health and safety, and economics. The goal of an integrated pest
				management system is to manage pests and the environment to balance benefits of
				control, costs, public health and environmental quality. Integrated pest
				management takes into account site-specific factors and takes advantage of all
				pest management options.
3.2.
				Schools, child care centers and family child care facilities or contracted
				pesticide application businesses covered by this rule shall not apply
				pesticides unless monitoring as specified in Section 6 of this rule indicates
				pests are present.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12J - Integrated Pest Management Programs In Schools And Day Care Centers/Facilities › Section 61-12J-4 - Integrated Pest Management Programs for Schools

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All schools covered by this rule shall
				develop and maintain an integrated pest management program. The best management
				practices contained in "Integrated Pest Management in Schools and Other Public
				Institutions, Best Management Practices," published by the West Virginia
				Department of Agriculture may be used in the development of the
				program.
4.2. At a minimum, the
				integrated pest management program for a school shall contain:
4.2.a. a policy statement;
4.2.b. pest management objectives;
4.2.c. education of the building occupants in
				integrated pest management practices;
4.2.d. inspection activities;
4.2.e. monitoring activities;
4.2.f. an evaluation of the integrated pest
				management strategies in practice; and
4.2.g. action thresholds for common
				pests.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12J - Integrated Pest Management Programs In Schools And Day Care Centers/Facilities › Section 61-12J-5 - Integrated Pest Management Programs for Child Care Centers and Family Child Care Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				child care centers and family child care facilities covered by this rule shall
				develop and maintain an integrated pest management program. The best management
				practices contained in "Integrated Pest Management in Schools and Other Public
				Institutions, Best Management Practices," published by the West Virginia
				Department of Agriculture may be used in the development of the
				program.
5.2. At a minimum, the
				integrated pest management program for a child care center or family child care
				facility shall contain:
5.2.a. a policy
				statement;
5.2.b. pest management
				objectives;
5.2.c. education of the
				building occupants in integrated pest management practices;
5.2.d. inspection activities;
5.2.e. monitoring activities;
5.2.f. an evaluation of the integrated pest
				management strategies in practice; and
5.2.g. action thresholds for common
				pests.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12J - Integrated Pest Management Programs In Schools And Day Care Centers/Facilities › Section 61-12J-6 - Monitoring for Pest Infestations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Monitoring Program.
6.1.a. Each school, child care center or
				family child care facility shall have a monitoring program. The monitoring
				program shall include inspecting areas of the facility for pest evidence, entry
				points, food, water and harborage sites, and estimating pest population levels.
				Each school, child care center or family child care facility shall evaluate the
				information gained through monitoring to determine whether the action threshold
				has been exceeded and what can be done in the way of prevention.
6.1.b. Each school, child care center or
				family child care facility shall conduct a monitoring program in suspect areas
				of their facility on an ongoing basis. Sticky traps designed for cockroaches
				and other crawling insects shall be placed along wall/floor junctions, on
				vertical surfaces, behind appliances, in closets, cabinets and shelves, and in
				other areas where insects have been seen.
6.1.c. Components of the monitoring program
				shall include:
6.1.c.1. A floorplan of the
				school, child care center or family child care facility showing the number and
				accurate location of each trap;
6.1.c.2. Periodic inspection of each trap at
				no greater than monthly intervals year round with the following information
				recorded on a Pest Surveillance Data Sheet:
6.1.c.2.A. The trap number and its
				location;
6.1.c.2.B. The date
				checked;
6.1.c.2.C. The trap's
				condition (either OK or replaced);
6.1.c.2.D. The numbers and kinds of insects,
				arthropods, rodents or other pests trapped;
6.1.c.2.E. Pest damage or other evidence of
				pests such as feces, cast skins, or rub marks;
6.1.c.2.F. Any need for pest management;
				and
6.1.c.2.G. The name of the
				person performing the monitoring activity;
6.1.c.3. Removal and disposal of the trap
				after catch numbers are recorded and identification is confirmed, to prevent
				counting specimens more than one time and to prevent their use as food by other
				insects or rodents; and
6.1.c.4.
				Replacement of the traps when the adhesive is no longer tacky.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12J - Integrated Pest Management Programs In Schools And Day Care Centers/Facilities › Section 61-12J-7 - Use of the Least Hazardous Materials - Re-entry Intervals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. In an
				integrated pest management program, persons responsible for pest management
				shall evaluate all possible control options. Control options range from
				non-chemical methods to least hazardous pesticides to pesticides with a higher
				degree of risk to human health. In keeping with the legislative mandate for
				integrated pest management, the licensed pesticide applicator shall, after
				monitoring for pest infestations, proceed in controlling pests using the least
				hazardous method that is both practical and effective as outlined in this
				section.
7.1.a. Level 1 -- Non-chemical
				Control Methods.
7.1.a.1. Pest-preventive
				measures should be incorporated into existing structures. These preventive
				measures reduce the need for pesticide applications, and include sanitation,
				such structural repairs as sealing cracks, and such physical and mechanical
				controls as screens, traps, and air doors. A school, child care center or
				family child care facility shall consult the West Virginia Department of
				Agriculture's best management practices document "Integrated Pest Management in
				Schools and Other Public Institutions, Best Management Practices" for
				integrated pest management strategies for specific sites. Every facility will
				experience slightly different combinations of pests.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12J - Integrated Pest Management Programs In Schools And Day Care Centers/Facilities › Section 61-12J-8 - Prior Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If
				a licensed pesticide application business is contracted to make a Level 3 or
				Level 4 pesticide application, the licensee shall provide notification to the
				school or child care administrator 48 hours in advance of the
				application.
8.2. Employees of
				Schools, Child Care Centers or Family Child Care Facilities.
8.2.a. All schools, child care centers or
				family child care facilities shall notify their employees through routine
				announcement or individual notice at least 24 hours in advance of all
				applications of pesticides in levels 3 and 4 as detailed in Section 7 of this
				rule, including applications made after school hours, on a weekend or during a
				holiday break.