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-5 - Bulk Pesticide Storage Facility Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Storage.
5.1.1. Location -- All bulk pesticide storage
				facilities shall comply with applicable local, state, and federal regulations.
				When a facility is located in a flood plain, groundwater recharge area, near
				wells or surface water, or similar areas, the facility shall be engineered and
				constructed in a manner to prevent the contamination of the surface water and
				groundwater of this state.
5.1.2.
				Primary Containments -- Beginning four (4) years after the effective date of
				these rules, all primary containers of bulk pesticides shall be constructed,
				installed, and maintained to prevent a discharge and shall be of materials and
				construction compatible with the pesticide stored and the conditions of storage
				including any specifications that may appear on the pesticide label.
5.1.3. Secondary Containment -- Beginning
				four (4) years after effective date of these rules, all bulk pesticide storage
				facilities shall be constructed with a means of secondary containment to
				prevent discharges and facilitate the recovery of pesticides.
a. The secondary containment shall be
				constructed of sufficient thickness, density and composition to contain any
				discharged material and shall be liquid-tight with cracks, seams and joints
				sealed.
b. The secondary
				containment for outside storage shall be maintained to contain a minimum of 125
				percent of the capacity of largest single container in addition to the
				displacement of tanks, appurtenances, and other authorized items within the
				containment area. Containment tanks stored under roof shall have a minimum
				containment of 110 percent of the capacity of the largest single tank in
				addition to the displacement of tanks, appurtenances, and other authorized
				items within the containment area.
c. The minimum containment capacities shall
				be maintained at all times.
d.
				Unless otherwise approved by the commissioner, all secondary containment shall
				have sloped floor designs.
e.
				Liquid-tight sumps may be used for the temporary collection of liquids from the
				secondary containment area. Minimum capacities of these sumps shall be
				determined by industry recognized engineering standards. Automatically operated
				pumps shall be used to remove liquids from secondary containment areas or sumps
				only when the sumps or auxiliary tanks are located within the secondary
				containment. Tanks used to store these liquids shall be within the secondary
				containment area unless the tank contains only water.
f. Water from the secondary containment area
				and sumps may be used for dilution of pesticides or for other purposes only
				when it is reasonably free from pesticide residues. Recovered liquids from the
				secondary containment area or sump may be used according to label directions or
				disposed of according to applicable state and federal requirements.
g. All floor or in-wall drains or valves,
				siphon tubes, underground appurtenances or automatic sump pumps shall meet all
				requirements of these rules, except floor drains or valves to a liquid-tight
				sump and manually operated pumps may be used only when the integrity of the
				secondary containment is maintained.
5.1.4. When a discharge occurs, the facility
				manager or designated facility employee shall immediately contact the
				commissioner and the manufacturer. If such discharge is a reportable quantity
				(RQ), as defined by the Federal regulations cited in section 6.6 of these
				rules, the operator shall also notify the National Response Center at (800)
				424-8802.