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-2 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				definitions used in the 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. "Appurtenances" means valves, pumps,
				fittings, pipes, hoses, plumbing or metering devices that are connected to a
				bulk pesticide container or used for transferring bulk pesticides between
				containers.
2.3. "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 and use in containers approved by
				the U.S. Department of Transportation for interstate transportation.
2.4. "Bulk pesticide storage facility" means
				any facility or site where bulk pesticides are being stored for more than
				thirty (30) consecutive days per year in quantities of greater than three
				hundred (300) U.S. gallons liquid or one hundred (100) pounds net dry weight
				for purposes of repackaging.
2.5.
				"Bulk pesticide storage facility registry" means the annual listing of all bulk
				pesticide storage facilities in the state as derived from written notification
				of the facility location by the facility's owner, operator or
				person-in-charge.
2.6. "Bulk
				repackaging" means the transfer of bulk quantities of a registered pesticide
				from one bulk container to another bulk container in an unaltered state in
				preparation for sale to, or distribution for, use by another person.
2.7. "Dedicated pesticide container" means a
				pesticide container effectively designed and constructed to hold a specific
				pesticide and to be reused, prepackaged, or refilled. Such containers shall
				clearly and permanently identify the pesticide to which it is dedicated and
				include a clearly visible tamper indicator which reveals that the integrity of
				the container has been either maintained or disrupted. In cases where the
				tamper indicator is not intact, the container shall not qualify as a dedicated
				container and shall not be eligible for reuse, repackaging or refilling until
				it has been cleaned, inspected and resealed by the registrant or its agent.
				Clean containers in good repair that are not dedicated containers but are
				otherwise suitable for or intended for use as bulk pesticide container may,
				upon approval of the seller or the registrant, be used, reused, refilled, or
				repackaged with bulk pesticides as provided herein.
2.8. "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, loading, unloading, repackaging,
				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.
2.9. "Emergency and
				discharge response plan" means a plan describing procedures to be employed in
				the event of an emergency, such as a fire or flood, or discharge at a bulk
				pesticide storage facility. The plan shall result in the notification of
				appropriate state authorities, mitigate the emergency, stop the discharge,
				recover the discharge, and clean up the affected area.
2.10. "Non-bulk quantity repackaging" means
				the authorized transfer in non-bulk quantities of a specific bulk pesticide to
				a suitable non-bulk container capable of holding the specific bulk pesticide.
				Non-bulk quantity repackaging may only be performed at a bulk pesticide storage
				facility under a specified written authorization and agreement between the
				facility and the registrant of the bulk pesticide. Nothing in this definition
				shall preclude the lawful filling and labeling of either single use dedicated
				containers or other containers, as the registrant's original unbroken
				container, carried out under a formal, written contractual agreement between a
				contract repackager and the registrant.
2.11. "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.
2.12.
				"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, runoff
				and leaching from an operational area.
2.13. "Primary containment" means the storage
				of bulk pesticide in either its original container or other suitable container,
				including dedicated containers, effectively designed and constructed to contain
				the pesticide or pesticides that may be stored therein.
2.14. "Secondary containment" means any
				structure effectively designed and constructed to contain discharges and to
				prevent escapes, runoff and leaching of pesticides from bulk pesticide storage
				facilities and operational areas.