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-3 - Recommendations for Temporary Operational Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General. The commissioner recommends
				that any person storing, mixing, or repackaging pesticides, or refilling
				pesticide containers perform these activities in the following manner.
3.1.a. All operational area activities should
				be conducted or carried out within operational area containment. Such
				containment should be properly maintained at all times when operational
				activities are occurring.
3.1.b.
				Operational area activities should 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.
3.1.c. The operational area containment
				should be constructed of materials and in a manner that will withstand the
				weight and movement of any equipment that may be placed or parked within the
				operational area containment.
3.1.d. The operational area containment
				should be designed to catch and contain any discharges that are occurring in
				the operational area and should be constructed of materials and in a manner
				that will contain reasonably foreseeable discharges.
3.1.d.A. For liquid pesticides, including
				container and equipment rinsates and those mixed with a liquid or dry carrier,
				the operational area containment should be curbed or sloped to contain
				discharges so as to facilitate recovery of discharged materials. Discharges
				should be immediately recovered from the operational area containment. Rainfall
				or other liquids should not be allowed to flow either onto or out of the
				operational area containment unless a suitable recovery or storage facility is
				provided to collect, divert or manage the rainfall. The operational area
				containment should be capable of holding 125% of the capacity of the single
				largest container or vehicle operated within the operational area. A minimum
				containment capacity of 250 U.S. gallons should be provided.
3.1.d.B. For non-liquid pesticides, the
				operational area containment should extend beneath any conveyers or augers used
				in operational area activities unless such conveyers or augers are fully
				enclosed and constructed to prevent discharge. Operational area containment
				should be of adequate dimension (area) to contain reasonably foreseeable
				discharges from the largest container or equipment operated within the
				operational area containment. The operational area containment for non-liquid
				pesticides may consist of a tarpaulin made of nonabsorbent materials which is
				of adequate thickness and construction to withstand all foreseeable loading
				conditions, and is generally compatible with the materials stored or placed
				thereon. Discharges should be immediately recovered from the operational area
				containment. Rainfall or other liquids should not be allowed to flow either
				onto or out of the operational area containment unless a suitable recovery or
				storage facility is provided to collect, divert or manage rainfall.
3.1.e. Underground storage of
				recovered discharges from the operational area containment is highly
				discouraged and may be regulated by underground storage laws.. This does not
				preclude the use of approved sumps, which meet applicable state and federal
				requirements, that are incorporated into the design of the operational area and
				are maintained and operated according to a plan approved by the
				commissioner.