reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The term "Act"
				means the West Virginia Pesticide Control Act (W. Va. §19-16A-1 et
				seq.).
2.2. The term "competent"
				means properly qualified to perform the functions associated with pesticide
				application, the degree of capability required being directly related to the
				nature of the activity and the associated responsibility.
2.3. The term "fumigant" means a gaseous or
				readily volatilizable chemical (as sulfuryl fluoride or methyl bromide) used as
				a disinfectant or pesticide.
2.4.
				The term "fumigation" means the application of a fumigant to one or more rooms
				in a structure, or to the entire structure, or to a localized space within a
				structure or outside of a structure, such as a box car, aircraft, truck, ship
				or any object which is sealed or covered.
2.5. The term "regulated pest" means a
				specific organism considered by the State or by a federal agency to be a pest
				requiring regulatory restrictions, regulations, or control procedures in order
				to protect the host, man or the environment.
2.6. The term "regulated pesticide
				application business" means a pesticide business commercially applying
				pesticides not for hire.
2.7. The
				term "immediate family member" means familial relationships limited to the
				spouse, parents, stepparents, foster parents, father-in-law, mother-in-law,
				children, stepchildren, foster children, sons-in-law, daughters-in-law,
				grandparents, grandchildren, brothers, sisters, brothers-in-law,
				sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. "First
				cousin" means the child of a parent's sibling, i.e., the child of an aunt or
				uncle.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-3 - Certification of Pesticide Applicators

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The commissioner may not certify a
				person as a pesticide applicator unless he or she has passed an examination
				approved by the commissioner or he or she qualifies through the reciprocity
				requirements as contained in section 10 of this rule or qualifies as a federal
				employee under section 11 of this rule.
3.2. The certification of individuals,
				employees, or representatives of governmental agencies (including but not
				limited to federal employees under 40 CFR Part 171) who use or supervise the
				use of pesticides in the performance of their official duties shall meet the
				requirements of this rule and be certified as certified public applicators
				pursuant to this rule. The certification of such individuals, employees or
				representatives is valid only when applying or supervising the application of
				pesticides in the performance of their official duties.
3.3. Determination of Competency
3.3.a. The commissioner shall determine
				competence in the use and handling of pesticides based on experience and/or
				education, and a written examination based upon the standards set forth in
				Section 6 of this Rule.
3.3.b. The
				commissioner shall require each applicant for examination to show proof of one
				year of experience, education, or training by one of the following:
3.3.b.A. Experience as a full-time registered
				technician engaged in those categories in which the applicant seeks to be
				certified. Proof of experience may include notarized affidavits from former
				employers or certification/licensure from other states or the federal
				government;
3.3.b.B. Education,
				training, or experience in a field such as, but not limited to, biology,
				chemistry, or forestry; or
3.3.b.C.
				A combination of education and experience.
3.3.c. Employees of regulated pesticide
				application businesses, as defined in section 2 of this rule, are exempt from
				the provisions of this section related to pre-exam requirements for experience,
				education, or training.
3.3.d. The
				commissioner shall give written examinations at such time and places as he or
				she may direct. An applicant must correctly answer 70% or more of the
				examination questions to be considered competent.
3.3.e. Applicants who fail to achieve a
				passing score on their first attempt at examination are eligible to be
				reexamined in the same category after 28 days from the date of the first
				examination. Applicants who fail on the second attempt or any subsequent
				attempt must wait 56 days from the date of the last examination for
				reexamination.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-5 - Categorization of Private Applicators

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Agricultural Pest Control. This category
				includes private applicators using or supervising the use of RUPs in the
				production of agricultural commodities, including but not limited to tobacco,
				peanuts, cotton, feed grains, soybeans, and forage; vegetables; small fruits;
				tree fruits and nuts; as well as on grasslands and non-crop agricultural lands.
				This category also includes private applicators using or supervising the use of
				RUPs on animals and places on or in which animals are confined. Examples of
				such animals include, but are not limited to beef cattle, dairy cattle, swine,
				sheep, horses, goats, poultry and livestock.
5.2. General Fumigation. This category
				includes private applicators who use or supervise the use of a restricted
				pesticide to fumigate soil or anything other than soil.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-6 - Certification Standards for Pesticide Applicators

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General Standards for private and
				commercial applicators. All applicators shall demonstrate a practical knowledge
				of the principles and practices of pest control and safety in the use of
				pesticides. The commissioner shall base a determination of competency on an
				examination addressing the following areas:
6.1.a. Label and labeling comprehension.
				Familiarity with pesticide labels and labeling and their functions, including
				the following:
6.1.a.A. the general format and
				terminology of labels and labeling;
6.1.a.B. understanding instructions warnings,
				terms, symbols, and other information commonly appearing on pesticide labels
				and labeling;
6.1.a.C.
				understanding that it is a violation of federal law to use any registered
				pesticide in a manner inconsistent with its labeling;
6.1.a.D. understanding when a certified
				applicator must be physically present at the site of the application based on
				labeling requirements;
6.1.a.E.
				understanding labeling requirements for supervising non-certified applicators
				working under the direct supervision of a certified applicator;
6.1.a.F. understanding that applicators shall
				comply with all use restrictions and directions for use contained in pesticide
				labels and labeling, including being certified in the certification category
				appropriate to the type and site of the application;
6.1.a.G. understanding the meaning of product
				classification as either general or restricted use and that a product may be
				unclassified;
6.1.a.H.
				understanding and complying with product-specific notification requirements;
				and
6.1.a.I. recognizing and
				understanding the difference between mandatory and advisory labeling
				language.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-7 - Recertification

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At no greater
				than a three-year interval each commercial applicator, certified public
				applicator or private applicator must present evidence or documentation
				indicating that he or she has attended workshops or training sessions approved
				by the commissioner. The commissioner will grant an applicator a continuing
				certification unit ("CCU") for a 30-minute period of training or the greater
				portion thereof.
7.2.
				Commercial/Certified Public Applicators - For recertification, each commercial
				applicator or certified public applicator shall accrue at least 20 continuing
				certification units (10 hours) of audience contact or participation on the
				subject matter contained in sub-sections 6.1 and 6.3 of this rule for each
				category or subcategory of certification.
7.3. Private Applicator - For
				recertification, each private applicator shall accrue at least 10 continuing
				certification units (5 hours) of audience contact or participation on the
				subject matter contained in sub-sections 6.1 and 6.2 of this rule for each
				category or subcategory of certification.
7.4. Registered Technicians - Each registered
				technician shall accrue at least 4 continuing certification units (2 hours) of
				audience contact or participation on the subject matter contained in
				sub-sections 6.1 and 6.3 of this rule for each category or subcategory of
				registration each year prior to renewal.
7.5. A certified applicator may accumulate
				the required continuing certification units for programs as required in this
				section by attending two or more training sessions.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-8 - Supervision of Non-Certified Applicators

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General Supervision
8.1.a. All non-certified applicators must be
				under the direct supervision of a certified applicator. Non-certified
				applicators working under the direct supervision of a certified commercial
				applicator or certified public applicator shall complete registered technician
				training as outlined in subsection 6.4 of this rule. Non-certified applicators
				working under the supervision of a private applicator shall complete annual
				training as a handler under the Worker Protection Standard (WPS) (40 CFR
				170.501).
8.1.b. During the non-certified applicator's
				use of a restricted use product, the certified applicator shall be able to be
				at the use site and with the non-certified applicator, at the point of use of
				the restricted use product, within a reasonable period of time; ensure that the
				non-certified applicator has means by which to contact the certified applicator
				immediately, should the need arise; shall be available to be contacted by the
				non-certified applicator; and shall arrive at the point of use within a
				reasonable period of time if summoned by the non-certified applicator. The
				certified applicator shall take into consideration the potential for serious
				consequences of a delay in arriving at the use site when determining what is a
				reasonable period.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-9 - Record Keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Commercial
				Applicator/Certified Public Applicator
9.1.a.
				Each commercial applicator or certified public applicator shall keep for a
				minimum of two years records detailing the application of all pesticides.
				Applicators shall maintain the following information at a minimum:
9.1.a.A. the pesticide brand name used,
				including the EPA registration number;
9.1.a.B. the formulation, the dilution rate
				and the quantity of the pesticide used;
9.1.a.C. the time, date and the place of
				application and name and address of the person for whom the pesticide was
				applied;
9.1.a.D. the pest against
				which the pesticide was used;
9.1.a.E. the crop, commodity, stored product,
				or site where applied;
9.1.a.F. the
				size of the area treated; and
9.1.a.G. the name and certification number of
				certified and non certified applicator(s).
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-10 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Commercial
				Applicators - When a non-resident commercial applicator is certified under the
				state plan of another state and desires to operate as a commercial applicator
				in West Virginia, he or she shall make application to the commissioner and
				shall include, along with the proper fee and other details required by the Act,
				a true copy of his or her credentials certifying him or her as an applicator of
				RUPs in another state. The commissioner then may, if he or she approves the
				credentials, issue a West Virginia license to the applicator in the category or
				categories for which he or she is certified in another state, without a written
				examination, provided that the state having originally certified the applicator
				will similarly certify holders of West Virginia certificates has similar
				certification requirements.
10.2.
				Private Applicators - When a private applicator is certified under the state
				plan of another state and owns, leases or manages land in West Virginia on
				which RUPs must be applied to produce agricultural crops, the commissioner will
				issue a West Virginia Private Applicator Certification on receipt of a properly
				completed application, the proper fee and a true copy of the applicant's
				out-of-state certification.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-11 - Federal Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Certification - When an employee of any entity of the United States government
				has been qualified in any category as competent to apply RUPs under the
				Government Agency Plan ("GAP"), or another EPA approved plan judged by the
				commissioner to be at least equal to the Act and rules promulgated pursuant to
				the Act, the commissioner may issue a certification in the same category or
				categories without the need for a written examination nor for the payment of
				any fee.
11.2. Qualification for
				Certification - Federal employees qualified under an acceptable federal plan to
				apply RUPs and who intend to apply RUPs in West Virginia as a part of their
				entity work shall present their qualifying documents to the commissioner; and,
				if acceptable, these documents will be endorsed by the commissioner or a State
				document will be issued which will permit the federal employee to use RUPs in
				West Virginia.
11.3. Emergency
				Situations - If, in an emergency situation, federal employees are brought in to
				West Virginia to control or eradicate pests, and these employees have been
				properly qualified to use RUPs under the plan of another state or under an
				acceptable federal government entity plan, the employee is considered to be
				certified in West Virginia. The employee and his or her entity must, within 10
				days of entering the state, present qualifying credentials to the commissioner.
				At this time, the commissioner shall issue state credentials if the employee is
				to remain in West Virginia as an applicator of RUPs. The provisions of this
				section do not apply to nonfederal employees contracted to perform pesticide
				applications for the federal government. In an emergency, however, and with the
				concurrence of the commissioner, a properly certified federal applicator may
				act in a supervisory capacity of a nonfederal applicator if the applicator is
				properly certified in West Virginia or under the plan of another state. Within
				10 days of entering the State, the non-federal applicator certified in another
				state must apply for West Virginia certification as required by this
				rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-12 - Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General - No
				person shall apply, dispense, or use any pesticide in or through any equipment
				or application apparatus unless such equipment or application apparatus is in
				sound mechanical condition and capable of satisfactory operation. All pesticide
				application equipment shall be properly equipped to dispense the proper amount
				of pesticide. All pesticide mixing, storage or holding tanks, whether on
				application equipment or not, shall be leakproof. All spray distribution
				systems shall be leakproof and any pumps which such systems may have shall be
				capable of operating at sufficient pressure to assure a uniform and adequate
				rate of discharge. All pesticide application equipment shall be equipped with
				whatever cut-off valves and discharge orifices may be necessary to enable the
				operator to pass over (or by) nontarget areas without contaminating
				them.
12.2. Backflow Prevention -
				All mixing or loading sites for spray equipment shall be equipped with a
				mechanism to prevent the back siphoning of pesticides into water sources.
				Mechanisms acceptable are backflow/anti-siphon valves in the plumbing system
				and/or an air gap between the top of the mixing tank and the water inlet
				hose.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12B - Licensing Of Pesticide Businesses › Section 61-12B-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
				pesticide businesses in West Virginia.
1.2. Authority. -- W. Va. Code §§
									19-16A-4, 8 and 9.
1.3. Filing Date. -- April 9, 2024
1.4. Effective Date. -- April 15,
				2024.
1.5. Sunset Date. -- This
				rule shall terminate and have no further force or effect on August 1,
				2033.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12B - Licensing Of Pesticide Businesses › Section 61-12B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commercially"
				means the activity of conducting business relating to applying, selling, or
				recommending the use of pesticides on a regular routine basis.
2.2. "Pesticide consultant" means a person
				commercially recommending the use of pesticides to others.
2.3. "Regulated pesticide dealer" means a
				dealer commercially selling general use pesticides.
2.4. "Restricted Use Pesticide Dealer" means
				a dealer commercially selling restricted use pesticides.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12B - Licensing Of Pesticide Businesses › Section 61-12B-3 - General Requirements for all Business Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A pesticide business operating in West
				Virginia which sells, stores, recommends for use, mixes or applies pesticides
				shall obtain a valid pesticide business license in one or more of the following
				categories:
3.1.a. Licensed Pesticide
				Application Business.
3.1.b.
				Regulated Pesticide Application Business.
3.1.c. Restricted Use Pesticide
				Dealer.
3.1.d. Regulated Pesticide
				Dealer.
3.1.e. Pesticide
				Consultant.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12B - Licensing Of Pesticide Businesses › Section 61-12B-4 - Requirements for Pesticide Application Business

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General.
4.1.a. Any person who owns or manages a
				pesticide application business, which is engaged in the business of applying
				pesticides upon the lands of another must qualify as either a Licensed
				Pesticide Application Business or a Regulated Pesticide Application
				Business.
4.1.b. All pesticide
				application businesses shall employ certified commercial applicators or
				certified public applicators for the various categories or subcategories of
				their operation. The categories or subcategories as detailed in the Certified
				Pesticide Applicator Rules (61 CSR 12A) are used for determining the areas in
				which a pesticide application business operates.
4.1.c. All pesticide applications made by
				pesticide application businesses shall be made by certified commercial
				applicators, certified public applicators or registered technicians who have
				completed a training program approved by the commissioner as described in 61
				CSR 12A.
4.1.d. Each location of
				the pesticide application business shall be licensed. Locations requiring a
				separate license include each branch office, franchise location, sub-office or
				worker location of a pesticide application business.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12B - Licensing Of Pesticide Businesses › Section 61-12B-5 - Requirements for Pesticide Dealer Business Licensing

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. General.
5.1.a. The commissioner shall require any
				pesticide business which sells, distributes, stores or offers for sale any
				pesticide in West Virginia to obtain a license as a Restricted Use Pesticide
				Dealer or as a Regulated Pesticide Dealer.
5.1.b. The commissioner shall require each
				business operating as a Restricted Use Pesticide Dealer to employ commercial
				applicators certified in the category of Pesticide Storage and Distribution as
				described in 61 CSR 12A. The commissioner shall not allow any business location
				or operation to sell restricted use pesticides without a certified commercial
				applicator present who shall bear the immediate responsibility for the correct
				and safe operation of his or her location or operation.
5.1.c. The commissioner shall require each
				applicant for a license as a Regulated Pesticide Dealer to demonstrate his or
				her knowledge on the storage, display, distribution and transportation of
				pesticides.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12B - Licensing Of Pesticide Businesses › Section 61-12B-6 - Requirements for Pesticide Consultant Business Licensing

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The commissioner shall require all
				persons commercially recommending the use of pesticides to be licensed as a
				Pesticide Consultant.
6.2. The
				specialty categories for a Pesticide Consultant shall conform to the certified
				commercial applicator categories as described in the Certified Pesticide
				Applicator rules, 61 CSR 12A. The pesticide consultant shall meet the
				requirements of a commercial applicator in the specific category or subcategory
				in which he is making recommendations for pesticide use prior to being issued a
				business license.
6.3. Retail sales
				personnel or certified applicators of any business which has obtained a
				pesticide application business license, and certified public applicators or
				company sales representatives certified in the category of Demonstration and
				Research as described in 61 CSR 12A, are exempt from the provisions of this
				section.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12B - Licensing Of Pesticide Businesses › Section 61-12B-7 - Record Keeping Requirements for Pesticide Businesses

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. General
7.1.a. Each pesticide business shall maintain
				at a minimum the records specified in this section as a condition of obtaining
				and renewing a license, permit or certificate. The commissioner may require
				additional records be maintained by other rules adopted under W. Va. Code
				§
										19-16A-1 et seq.
7.1.b. The commissioner shall have access to
				all records for the purpose of inspection to determine compliance with W. Va.
				Code §
										19-16A-1 et seq. and any rules
				promulgated under W. Va. Code §
										19-16A-1 et seq. The commissioner
				may require a licensed pesticide business to submit these records to his or her
				office.
7.1.c. Each pesticide
				business shall keep and maintain records required by this section of the rule
				for a period of at least 2 years.
7.1.d. The commissioner may revoke a
				pesticide business license for failure to keep or to submit these
				records.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12B - Licensing Of Pesticide Businesses › Section 61-12B-8 - Financial Security Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All Licensed Pesticide Application
				Businesses are required to furnish evidence of financial security to the
				commissioner prior to the issuance of a pesticide application business
				license.
8.2. Minimum Financial
				Security - The commissioner shall not issue a pesticide application business
				license until the applicant has filed evidence of financial security with the
				commissioner, in any of the following forms: a surety bond, a comprehensive
				general liability insurance policy, or certification thereof from an insurance
				company authorized to do business in West Virginia. The financial security
				required for each category or sub-category of license as specified in 61 CSR
				12A is to be no less than the minimum amount of $300,000.00 for bodily injury
				or death, and $100,000.00 for property damage.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12B - Licensing Of Pesticide Businesses › Section 61-12B-9 - Liability for Pesticide Use

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Nothing in these regulations shall be construed in any way to relieve any
				person from liability for any damage to the person or lands of another caused
				by the use of pesticides, even though such use conforms to the requirements of
				W. Va. Code §
									19-16A-1 et seq. or the rules
				promulgated thereunder.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12C - Wood Destroying Insect Treatment Standards › Section 61-12C-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - These
				Legislative Rules establish the minimum requirements for structural pest
				control work on existing structures and on new construction.
1.2. Authority. -- W. Va. Code '19-16A-4.
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 61-12C - Wood Destroying Insect Treatment Standards › Section 61-12C-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Agreement
				means any written or verbal contract, accepted proposal, work order, guarantee,
				warranty, or combination of these.
2.2. Basement means the floor below the
				principle floor which may be wholly or partially below grade and may be earthen
				or covered.
2.3. Crawl space means
				an area under a structure between the wood portion above and the soil below,
				which cannot be considered as a floor.
2.4. Existing structure means any building or
				part thereof, whether vacant or occupied.
2.5. Footer or footing means the base or
				lower course upon which a foundation, pillar, pier, chimney, or other structure
				rests which may be below the surface of the ground or on the ground.
2.6. Inside treatment means the application
				of pesticides for termite control to the soil in the areas under a structure in
				a basement or crawl space, or in the case of slab-on-ground construction, it
				may mean application to any area inside a structure where a pesticide is
				applied through or under the slab.
2.7. Outside treatment means the application
				of pesticides for termite control to the soil adjacent to the foundation,
				including porches, entry platforms, breezeways, etc., attached to the structure
				and underground as far as the footer.
2.8. New construction means any building or
				part thereof which is under construction and has not yet been
				occupied.
2.9. Rodding and
				injection mean the insertion of pesticides into the soil by means of a pipe or
				hollow rod through which a pesticide is forced under pressure and may be used
				in conjunction with a shallow trench. Rodding may be the creation of holes made
				with a bar or rod in the soil.
2.10. Slab-on-ground construction means the
				erection of a structure, usually on the poured concrete floor, which may or may
				not have a foundation and footer and under which there is no open
				space.
2.11. Termiticide means
				those pesticides that are approved by the United States Environmental
				Protection Agency for the control of termites.
2.12. Termite shelter tube means the mud tube
				constructed upon walls, pipes, or other surfaces, or freestanding from the
				ground to the wood above, by subterranean termites.
2.13. Trenching means the removal of the soil
				in contact with a foundation, pillar, pier, chimney, etc.
2.14. Unit masonry foundation means
				foundation construction using concrete, cinder, or other blocks with voids,
				hollow tile blocks, brick with space between tiers, etc.
2.15. Use dilution means the concentration of
				a mixed pesticide prepared for application (to control or abate pests)
				according to its registered label.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12C - Wood Destroying Insect Treatment Standards › Section 61-12C-3 - General Requirements for Termite Treatments in West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Pesticides.
3.1.a. No person shall apply any pesticide to
				control termites in structures unless such pesticides are registered for
				termite control by the United States Environmental Protection Agency and by the
				West Virginia Department of Agriculture.
3.1.b. Pesticides used to control termites
				must be mixed and used according to the directions on the label that is on file
				with the commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12C - Wood Destroying Insect Treatment Standards › Section 61-12C-4 - Minimum Standards for Termite Control of Existing Structures in West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Licensed pesticide application businesses engaged in termite control on
				existing structures shall, as a minimum standard for termite treatment, make
				pesticide applications according to the following procedures:
4.1.a. Structures with basements - Outside
				Treatment.
4.1.a.A. Poured concrete
				foundations. For solid concrete foundations, the soil must be treated to a
				depth of at least one foot below grade completely around the structure by
				rodding and/or trenching. The rate of application must be according to the
				directions on the label that is on file with the commissioner for the pesticide
				being used. When a poured concrete foundation is cracked, the treatment used at
				the site of the crack and for at least 4 feet on either side of the crack shall
				be the same as that required for unit masonry foundations.
4.1.a.B. Unit masonry foundations. Soil
				treatment shall extend to the top of the footing. The rate of application must
				be according to the directions for use on the pesticide label on file with the
				commissioner. Applications may be made by trenching, rodding or pressure
				injection or a combination of these methods. The pesticide must reach the
				footer and be evenly distributed to grade.
4.1.a.C. The voids of unit masonry foundation
				walls must be treated at the minimum rate of 1 gallon of use dilution for each
				5 linear feet around the entire structure, unless the directions on the label
				of the pesticide being used specifically states otherwise, in which case, the
				label directions must be followed.
4.1.a.D. Attached porches, entrance
				platforms, utility entrances, patios, driveways, and similar structures where a
				solid slab abutting the foundation exists at ground level, shall be treated by
				drilling the slab at least every 18 inches at a point no greater than 18 inches
				from the adjacent foundation and injecting the pesticide at the rate provided
				on the pesticide label into the soil beneath. When the slab is above grade and
				filled below, the fill shall be similarly treated. When a crawl space exists
				under an attached structure the soil adjacent to the foundation shall be
				treated as required in sub-paragraph 4.1.a.C of this rule. Piers, pillars,
				etc., shall be treated as masonry foundations and any voids in unit masonry
				piers should be treated as required in sub-paragraph 4.1.a.C. of this
				rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12C - Wood Destroying Insect Treatment Standards › Section 61-12C-5 - Termite Control for New Construction (Pre-Treat)

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Licensed Pesticide Application
				Businesses engaged in the business of applying pesticides for termite control
				on new structures before or during construction (pre-treat) must meet all of
				the minimum requirements given for existing structures. In addition, the areas
				where a slab is to be poured shall be treated with a pesticide at the rate
				prescribed on the label of the pesticide being used for termite
				control.
5.2. Any pre-treatment for
				termite control that does not meet these minimum standards shall be referred to
				as PARTIAL-TREATMENT in any written or verbal agreements whether or not a
				guarantee for termite control is issued.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12C - Wood Destroying Insect Treatment Standards › Section 61-12C-6 - Treatment Near Water Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All termiticide labels have statements
				of caution or prohibition against contamination of water. Treatment of houses
				with drilled or hand-dug wells must be performed with extreme caution.
				Contamination of domestic water wells and groundwater can result in label
				violations and liability claims from the owner of the property being treated
				and/or neighbors of adjoining property using domestic wells. The licensed
				pesticide application business must decide whether or not a treatment can be
				made to a property or portions of a property containing wells.
6.2. Past problems leading to termiticide
				contamination of wells and groundwater usually involved pressure rodding near
				well casings, deteriorated and/or abandoned pipes leading to the well, poor
				well construction, shallow water table, etc. When treating property with
				existing domestic wells, the pesticide application business must obtain from
				the property owner the following information on well location and construction.
				This information shall be a part of the treatment records of the property.
6.2.a. The location and distance of all wells
				within 100 feet of the structure or structures being treated.
6.2.b. Information on the construction of
				drilled wells, including but not limited to:
6.2.b.A. the overall depth of the
				well;
6.2.b.B. the type and depth
				of the well casing;
6.2.b.C. the
				presence or absence of grouting around the well casing;
6.2.b.D. the location and condition of any
				currently used or abandoned supply lines to the property being
				treated;
6.2.b.E. the integrity of
				the well casing where supply lines enter the well;
6.2.c. Information on the construction of dug
				wells, including but not limited to:
6.2.c.A.
				the overall depth of the well;
6.2.c.B. the depth to the surface of water in
				the well;
6.2.c.C. the construction
				of the well, i.e., earth walls, laid stone or block, poured concrete,
				etc.;
6.2.c.D. the location and
				condition of any currently used or abandoned supply lines to the property being
				treated.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12C - Wood Destroying Insect Treatment Standards › Section 61-12C-7 - Requirements for the Treatment of Wood Destroying Beetles

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. When Treatment Will Be Permitted - After
				it is determined that an active infestation exists, treatment will be permitted
				for the control or prevention of reinfestation of the families of beetles which
				are known to reinfest seasoned wood, i.e. Anobiidae, Lyctidae, Bostrichidae,
				Cerambycidae (old house borer and flat oak borer only) and Curculionidae.
				Preventative treatment in the absence of an infestation is prohibited without
				approval of the commissioner. Treatment is expressly prohibited for the control
				or prevention of other beetles that may cause damage to seasoned wood
				structures such as Ambrosia beetles, Bark beetles, Flat headed borers,
				long-horned borers, Metallic wood borers, Pin worms, Round headed borers other
				than old house and flat oak borers, Timber beetles, and the Siricidae
				(woodwasps) or Marine borers except with prior approval of the Commissioner.
				Requests for prior approval must specify the organism involved.
7.2. Determining Active Infestations.
7.2.a. Anobiidae - the following criteria
				shall be used in determining the activity of anobiid powder post beetles in
				sub-structures, attached garages, outbuildings and stored lumber.
7.2.a.A. The presence of frass the color of
				fresh cut wood is acceptable as evidence of an active infestation of the
				Anobiidae.
7.2.a.B. The presence of
				holes alone or holes and dull-colored frass is not acceptable evidence of an
				active infestation of the Anobiidae except in such cases where live larvae and
				pupae are found in wood members.
7.2.a.C. Where numerous holes alone and/or
				dull-colored frass are found in wood members, the representative of the
				licensed pesticide application business should check the upper living areas for
				infestation and the property should be checked during the optimum time for
				frass production which is May 15 to September 1. Anobiidae beetles usually
				infest products more than 10 years old and most infestations are confined to
				softwoods such as pine, whereas the Lyctidae usually confine themselves to
				recently processed hardwoods such as domestic oak and pecan or foreign woods
				such as banak, meranti and obeche.
7.2.a.D. Numerous other beetles may cause
				damage in the products that the Anobiidae and Lyctidae infest. Identification
				aids for these beetles are:
7.2.a.D.(a).
				timber beetles and pinworms produce no frass in their tunnels, tunnel walls are
				stained darker than surrounding wood and there is no activity in products more
				than 5 years old.
7.2.a.D.(b). bark
				beetles or bostrichids in softwoods produce holes fewer in number in or near
				bark, with larval tunnels beneath bark scoring the bark and the wood with some
				of the frass being the same color as the inner bark.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12C - Wood Destroying Insect Treatment Standards › Section 61-12C-8 - Exceptions to this Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. When a
				licensed pesticide application business in the category of structural pest
				control is doing wood destroying insect control or Pre-treatment to control
				termites according to specifications set forth in a bid proposal which do not
				meet the minimum requirements set forth in this rule, the pesticide application
				business is not in violation of this rule provided that the specifications
				under which he is working are available to the Commissioner and that the
				application does not conflict with the label of the pesticide being used for
				wood destroying insect control.
8.2. When any unusual structural or physical
				conditions render it impractical to comply with all of the minimum requirements
				of this rule, the pesticide application business is not in violation of the
				provisions of this rule provided the unusual condition has been explained in
				writing to the person purchasing the service and that the parts of the
				structure being treated which are not involved in the unusual condition are
				treated according to the minimum requirements of this rule.
8.3. When the treatment of wood-destroying
				beetles is required to facilitate the immediate closing in the sale and
				transfer of real estate or is required in the protection of log homes, the
				pesticide application business is not in violation for treatments not made in
				accordance with sub-sections 7.1 and 7.2 of this rule.
8.4. When fumigation is required to
				facilitate the immediate closing in the sale or transfer of real estate and the
				pesticide application business cannot provide at least 48 hours prior notice of
				treatment, the pesticide application business is not in violation of paragraph
				7.3.b of this rule, provided the circumstances which did not allow prior
				notification are available to the commissioner.
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-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the minimum standards governing the aerial
				application of herbicides to utility rights-of-way.
1.2. Authority. -- W. Va. Code '19-16A-4.
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 61-12D - Reg To Govern The Aerial Application Of Herbicides To Right-of-Ways › Section 61-12D-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Utility
				rights-of-way" means those rights-of-ways maintained by persons providing
				public service to the citizens of the state and may include but is not limited
				to electric companies, gas companies, communication companies and
				railroads.
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-3 - Prior Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Persons intending to aerially apply herbicides on utility rights-of-way, except
				on rights-of-way specifically excepted by laws held by the Attorney General of
				West Virginia to be preemptory, shall notify to the following persons, in
				writing at least 60 days and no more that 120 days prior to the anticipated
				beginning of the aerial spray program: the commissioner of the West Virginia
				Department of Agriculture, all news media within the counties where the aerial
				herbicide application program is to be conducted, all persons in the spray area
				on the hypersensitivity registry maintained by the West Virginia Department of
				Agriculture; and all property owners, tenants or other persons in control of
				land adjacent to the rights-of-way, who have made a written request to the
				utility for special advance notification. A written request for special advance
				notification shall include the name, mailing address, property location and
				telephone number, if any, of the person making the request.
3.1.a. The notice shall include, but is not
				limited to:
3.1.a.A. a description of the
				area(s) to be aerial sprayed;
3.1.a.B. a toll-free telephone number and an
				address of a utility office to which people can call or write to alert the
				utility to sensitive areas - including, but not limited to springs, wells,
				streams, lakes, ponds, orchards, crop areas, gardens, pastures, meadows, year
				around dwellings, public recreation areas, and Christmas tree plantations. A
				caller should, whenever possible, reference the location they are calling about
				to pole or tower numbers on the rights-of-way;
3.1.a.C. information describing how a land
				owner or tenant can enter into a rights-of-way maintenance agreement with the
				utility;
3.1.a.D. the location of a
				county or area office of the utility where individuals can inspect maps showing
				the location of rights-of-way that are to be sprayed;
3.1.a.E. the herbicides to be used in the
				project; and
3.1.a.F. the
				procedures to be followed in lodging a complaint with either the utility or
				with the West Virginia Department of Agriculture.
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-4 - Procedural Prohibitions and Restrictions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The aerial application of herbicides is
				prohibited when:
4.1.a. the wind velocity in
				the local area exceeds five (5) miles per hour;
4.1.b. the spray may come into contact with
				fog banks;
4.1.c. there are periods
				of temperature inversion and air stagnation;
4.1.d. the air temperature exceeds 90 degrees
				Fahrenheit - except that the application of herbicides containing low-volative
				amines and chemicals whose volatility is known to not be a problem will not be
				prohibited at temperatures above 90 degrees Fahrenheit;
4.1.e. it is raining or reasonably apparent
				that it will rain within two hours; or
4.1.f. the distance between the transmission
				line(s) at maximum design sag and the ground is greater than 100
				feet.