West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22A - Best Management Practices At Temporary Operational For Non-Bulk Pesticide Mixing And Loading Locations › Section 61-22A-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "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. Such
				term does not apply to those pesticides packaged in containers approved by the
				U.S. Department of Transportation for interstate transportation.
2.2. "Discharge" means any spill, leak,
				deposit, dumping or emptying, either accidental or otherwise, that results in a
				release of pesticide outside a contained portion of an operational area.
				Discharge does not include lawful transfer, mixing, loading, unloading,
				repackaging or refilling of a pesticide provided such transfer, mixing,
				loading, unloading, repackaging, refilling or other similar activity, if
				carried out within an operational area containment. In addition, discharge does
				not include lawful distribution, use, disposal or application of a
				pesticide.
2.3. "Non-bulk
				Pesticide" means any liquid or non-liquid pesticides distributed, sold, offered
				for sale, packaged or repackaged in containers of less that 55 U.S. gallons
				liquid or 100 pounds net dry weight and includes all pesticides not meeting the
				definition of bulk pesticides.
2.4.
				"Operational Area" means in the case of non-bulk pesticides storage or handling
				facilities or locations, and area or areas where the contents of pesticide
				containers 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 where such containers remain
				sealed or other wise unopened or areas not falling within the definition of
				permanent or temporary operational areas defined in this rule.
2.5. "Operational Area Containment" means in
				the case of non-bulk pesticide storage or handling facilities or location, any
				structure or system effectively 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.
2.6. "Permanent Operational
				Area" means an operational area where either pesticide concentrates or use
				dilution mixtures in excess of 300 U.S. gallons of liquid or 3,000 pounds of
				net dry weight are transferred, loaded, unloaded, mixed, repackaged, refilled,
				or cleaned, washed or rinsed from containers or application, handling, storage
				or transportation equipment over a 30 day period either consecutive or
				cumulative during a calendar year. Permanent non-bulk operational areas are
				addressed by legislative rule 61 CSR 12H.
2.7. "Temporary Operational Area" means an
				operational area that is not a permanent operational area. A temporary
				operational area does not include the operational area activities carried out
				within the field or site of application provided these activities occur no more
				than three times per calendar year at the same location for a period not
				exceeding 36 hours total and does not include the area in and around a private
				dwelling where a resident of that dwelling is conducting incidental activities
				associated with pesticide use in and around such dwelling that otherwise fall
				within the scope and definition of an operational area.