CHAPTER Pes 800 DISPOSAL AND STORAGE OF PESTICIDES AND
PESTICIDE CONTAINERS
PART Pes 801 DISPOSAL OF PESTICIDES AND PESTICIDE
CONTAINERS
Pes
801.01 Pesticide and Pesticide Container
Disposal. No person shall dispose
of, discard, store or transport any pesticides or pesticide containers in a
manner inconsistent with requirements of the department of environmental services
pursuant to Env-Hw 500, the U.S. Environmental Protection Agency pursuant to 40
CFR 261-262, the division, or as stated upon the pesticide label.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss
by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #5127, eff 4-29-91; ss
by #6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
801.02 Storage of Pesticides and
Pesticide Containers Prior to Disposal.
Unused or unwanted pesticides being stored prior to disposal, whether in
sealed or previously opened containers, and all pesticide containers that have
not been or cannot be rinsed shall be:
(a) Kept in a secure enclosure;
(b) Maintained so as to prevent:
(1)
Deterioration of containers;
(2)
Unauthorized use;
(3)
Mishandling;
(4) Loss;
(5)
Contamination of the environment; and
(6) Risk to the
public health.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #5127, eff 4-29-91;
ss by #6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
801.03 Unusable Pesticides.
Pesticides which are obsolete, banned, unregistered, physically altered
or which otherwise cannot be used for the intended labeled uses shall be:
(a) Returned to the manufacturers, supplier or
formulator for recycling, destruction or disposal in accordance with
requirements of the department of environmental services pursuant to Env-Hw 511
"Delivery of Hazardous Waste" and the U.S. Environmental Protection
Agency pursuant to 40 CFR 262;
(b) Disposed of in an authorized solid waste or
hazardous waste treatment storage disposal facility in accordance with the
requirements of the department of environmental services pursuant to Env-Hw 511
"Delivery of Hazardous Waste" and the U.S. Environmental Protection
Agency pursuant to 40 CFR 262; or
(c) Disposed of in accordance with manufacturers'
label directions for the specific pesticides, provided such directions comply
with the requirements of the department of environmental services pursuant to
Env-Hw 501.02 "Exemptions" and the U.S. Environmental Protection
Agency pursuant to 40 CFR 261.7.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #5127, eff 4-29-91;
ss by #6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
801.04 Pesticide Containers. All pesticide containers shall be triple
rinsed with an appropriate solvent, which shall include but not be limited to
the diluent as prescribed by the pesticide label. The rinsate, and container
shall be disposed of in a manner consistent with instructions found upon the
pesticide label and in accordance with the requirements of the department of
environmental services pursuant to Env-Hw 501.02 "Exemptions," Env-Hw
511 "Delivery of Hazardous Waste" and the U.S. Environmental
Protection Agency pursuant to 40 CFR 261.7.
Source. #5127, eff 4-29-91; ss by #6160, eff 1-3-96;
ss by #6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
801.05 Reuse of Pesticide Containers. No pesticide container shall be re-used for
any other purpose except as provided on the manufacturers label.
Source. #5127, eff 4-29-91; ss by #6317, eff 8-13-96;
ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
PART Pes 802 PESTICIDE AND PESTICIDE CONTAINER STORAGE
BY PRIVATE AND COMMERCIAL APPLICATORS
Pes
802.01 Statement of Purpose. The purpose of these rules is to list the
requirements for storing pesticides and pesticide containers by private and
commercial applicators.
Source. #5611, eff 4-13-93; ss by #6160, eff 1-3-96;
ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
802.02 Catch-Basin.
(a) "Catch-basin" means a low point of
a storage room floor designed for recovering pesticide discharges, washwater,
or rinsate.
(b) Catch-basins shall be:
(1) A
watertight part of the floor that does not connect to below-floor, or
below-ground piping, containment, or storage; and
(2) Constructed
of non-corrodible materials with easy access for cleaning.
(c) Pumps and
piping used to remove pesticide discharges, washwater or rinsate from the
catch-basin shall be above ground.
(d) There shall be a mechanism for removal of pesticide
discharge, wash water or rinsate from the catch-basin into above-ground storage
within a one hour period of the event of a spill or discharge.
Source. #5611, eff 4-13-93, ss by #6160, eff 1-3-96;
ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
802.03 Storage Requirements. The storage of pesticides and pesticide containers
by private and commercial applicators of pesticides shall comply with the
following requirements:
(a) Pesticides shall be stored in accordance with
requirements and precautionary storage instructions contained on the product
label;
(b) Pesticide containers shall have legible
labeling indicating the contents of the container, pursuant to Pes 502.02 and
Pes 504.01;
(c) Pesticides and pesticide containers that have
not been triple rinsed shall be stored in a separate room and in such a manner
as to prevent contamination to food, feed, seed, livestock remedies, drugs,
plants, and other products or materials from the volatilization of pesticides,
the leakage or breakage of pesticide containers, or other causes;
(d) Pesticide storage rooms shall be protected
and secured in such a manner that they are not readily accessible to children
and the general public;
(e) The floor surface of the pesticide storage
room shall be smooth, facilitating the complete recovery of spills. Floor
surfaces may include, but shall not be limited to, sealed concrete and plastic.
Earthen floors shall be prohibited for pesticide storage rooms;
(f) The pesticide storage room shall be identified
by legible signage clearly indicating that pesticides are in storage, as
follows:
(1) Sign(s)
shall include the word "Warning," "Danger," or
"Pesticides" followed by wording that indicates pesticides are in
storage; and
(2) Lettering
of the words "Warning," "Danger," or "Pesticides"
shall be a minimum of one and 1/2 inches in height;
(g) Pesticide storage rooms shall be vented to
the outdoors;
(h) Pesticides shall be stored in a dry place and
in accordance with temperature requirements on the label. If fire suppression
systems are used or required by local government, such systems shall be in
compliance with state fire code RSA 153:1,VI-a.
(i) Notwithstanding (h) above, in the situation
where the storage room is unheated, storage of those pesticides where the label
has precautions against freezing, during the months of the year when
temperature is at freezing or below, shall not be prohibited provided that:
(1) The
pesticides are in secondary containers so as to facilitate complete recovery if
spillage or leakage occurs;
(2) The
secondary container is identified as containing pesticides;
(3) The
pesticides are stored in facilities that meet the requirements of Pes 802.03
before and after the period of freezing temperature;
(4) The pesticides
are stored in such a manner that they are not readily accessible to children
and the general public;
(5) The
pesticides are stored in such a manner as to prevent contamination to food,
feed, seed, livestock remedies, drugs, plants, and other products or materials
from the volatilization of pesticides, the leakage or breakage of pesticide
containers, or other causes; and
(6) The
pesticides are stored in compliance with Pes 802.03 (a), (b), (j), (o), (q),
(r)(2), (t) and (u);
(j) Pesticides shall be stored in tightly sealed
containment free from leakage, corrosion, breaks, or tears. Containment used
for pesticide storage and handling shall be of materials and construction
compatible with the pesticide stored and the conditions of storage and maintained
in a manner as to minimize the possibility of a spill. Defective containers, if
not fully repaired, shall be destroyed or disposed of in accordance with Pes
801.04.
(k) Pesticides shall be stored:
(1) At a
minimum distance of 400 feet from public wells;
(2) Unless
storage complies with (l)(1) or (2), at least 75 feet from:
a. Private
water wells; and
b. The high
water mark of surface waters; and
(3) Wherever
possible, down gradient from water wells and surface water.
(l) Pesticide storage facilities installed prior
to April 13, 1993 shall be allowed within the 75 foot distance requirement
specified in (k) if one of the following conditions existed prior to April 13,
1993:
(1) The storage of pesticides is in conjunction with a
Natural Resources Conservation Service approved containment facility where a
containment mechanism has been installed under the storage room and becomes a
part of the overall containment facility; or
(2) The storage room floor can hold 110% of the volume
of the largest container in storage and contains a concrete floor that has a
hydraulic conductivity of less than 1 X 10 -7 centimeters per second or a
concrete floor that can be treated to have a hydraulic conductivity of less
than 1 X 10 -7 centimeters per second;
(m) In
conjunction with pesticide storage, ambulance and fire department phone numbers
or the 911 number shall be displayed at a central location where all persons
have access.
(n) The
local fire department shall be notified that pesticides are in storage and be
informed of the general location of the storage room;
(o)
Pesticide storage rooms shall maintain sufficient lighting to allow the
observation of containers and their labeling;
(p) All
empty pesticide containers that have not been triple rinsed pursuant to Pes
801.04 shall be stored in the pesticide storage room prior to disposal;
(q)
Storage of pesticides in bulk shall be in compliance with bulk storage rules
under Pes 804;
(r) Cabinets, storage bins, lockers, or similar
type storage facilities shall be considered a storage room provided that:
(1) The storage
facility complies with Pes 802.03(a)-(f), (h), (i), (j)-(q), (s), (t) and (u);
and
(2) If the
single or aggregate area exceeds 15 cubic feet or 25,920 cubic inches, the
facility shall be vented according to Pes 802.03(g);
(s) Floor drains not used in conjunction with
catch basins shall be prohibited in pesticide storage rooms;
(t) Pesticide storage room floors may be equipped
with a catch basin, provided that:
(1) There are
no pipes attached;
(2) It is
constructed for complete recovery of a spill; and
(3) It is
located within the floor where liquids can be transferred to an above ground
container in the event of a spill or discharge onto the floor;
(u) Areas used for storage of pesticides shall be
maintained in a clean condition;
(v) At a minimum, spills and leaks shall be
cleaned up by the end of the day during which the pesticides have been spilled
or leaked;
(w) The storage of dormant oil formulated as a
pesticide and containing no other pesticides, shall be exempt from the
requirements of Pes 802.03 (c)-(h), (m)-(p), (r), and (s); and
(x) Pesticide containers having the capacity for
holding greater than 55 gallons but less than 300 gallons of bulk pesticides,
known as mini-bulk containers, shall be exempt from Pes 802.03 (c)-(i),
(m)-(p), (r), (s) provided that:
(1) The
container is identified with pesticide labeling that is affixed to the
mini-bulk container by the dealer or person who sold or distributed the
product;
(2) Within 90
days of receipt of the pesticide in the mini-bulk container, the container is:
a. Returned to
the dealer;
b. Disposed;
and
c. Emptied and
triple rinsed; and
(3) There is a mechanism
attached to the container for the purpose of securing the dispensing apparatus.
Source. #5611, eff 4-13-93; ss by #6160, eff 1-3-96;
amd by #6698, eff 2-28-98; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
PART Pes 803
DEALER STORAGE OF PESTICIDES AND CONTAINERS
Pes
803.01 Storage Requirements.
Dealers storing prohibited, prohibited-limited use and state restricted
use pesticides shall comply with the following:
(a) Pesticides shall be stored in accordance with
requirements and precautionary storage instructions contained on the product
label;
(b) Pesticide containers shall have legible
labeling indicating the contents of the containers, pursuant to Pes 502.02 and
Pes 504.01;
(c) Pesticides and pesticide containers that have
not been triple rinsed shall be stored in a separate room and in such a manner
as to prevent contamination to food, feed, seed, livestock remedies, drugs,
plants, and other products or materials from the volatilization of pesticides,
the leakage or breakage of pesticide containers, or other causes;
(d) Pesticide storage rooms shall be protected and
locked in such a manner that they are not readily accessible to children and
the general public;
(e) The floor surface of the pesticide storage
room shall be smooth and impervious, facilitating the complete recovery of
spills. Floor surfaces may include, but are not limited to, sealed concrete and
plastic. Earthen floors shall be prohibited for pesticide storage rooms;
(f) The pesticide storage room shall be
identified by legible signage clearly indicating that pesticides are in
storage, as follows:
(1) Sign(s)
shall include the word "Warning," "Danger," or
"Pesticides" followed by wording that indicates pesticides are in
storage; and
(2) Lettering
of the words "Warning," "Danger," or "Pesticides shall
be a minimum of one and 1/2 inches in height;
(g) Pesticide storage room shall be vented to the
outdoors;
(h) Pesticides shall be stored in a dry place and
in accordance with the temperature requirements on the label;
(i) Pesticides shall be stored in tightly sealed
containment free from leakage, corrosion, breaks, or tears. Containers used for
pesticide storage and handling shall be of materials and construction
compatible with the pesticide stored and the conditions of storage and
maintained in a manner as to minimize the possibility of a spill. Defective
containers, if not fully repaired, shall be destroyed or disposed of in
accordance with Pes 801.04;
(j) In conjunction with pesticide storage,
ambulance and fire department phone numbers or the 911 number shall be
displayed at a central location where all persons have access;
(k) The local fire department shall be notified
that pesticides are in storage;
(l) Notification to the fire department shall
include the following:
(1) The general
location of the storage room; and
(2) General
precautions as described on the labels of the pesticides in storage concerning
the water solubility, the significance to methods of combating a fire and the
possibility of reacting with fire suppression chemicals;
(m) Pesticide storage rooms shall have sufficient
lighting to allow the observation of containers and their labeling;
(n) Storage of pesticides in bulk shall be in
compliance with bulk storage rules under Pes 804;
(o) Cabinets, storage bins, lockers, or similar
type storage facilities shall be considered a storage room provided that:
(1) If the
single or aggregate area exceeds 15 cubic feet or 25,920 cubic inches, the
facility shall be vented according to Pes 803.01(g); and
(2) The storage
facility complies with Pes 803.01(a)-(f), (h), (j), (k) - (r);
(p) Floor drains not used in conjunction with
catch basins shall be prohibited in pesticide storage rooms;
(q) Pesticide storage room floors may be equipped
with a catch basin as defined in Pes 802.02, provided that:
(1) There are
no pipes attached; and
(2) It is
constructed for complete recovery of a spill;
(r) Areas used for storage of pesticides shall be
maintained in a clean condition; and
(s) At a minimum, spills and leaks shall be cleaned
up within a one hour period of becoming aware of a spill, leak or discharge.
Source. #5734, eff 11-5-93; ss by #6317, eff 8-13-96;
ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
PART Pes 804
STORAGE AND DISTRIBUTION OF BULK PESTICIDES AND CONTAINMENT OF
OPERATIONS THAT DISPENSE PESTICIDES
Pes
804.01 Definitions. The following definitions shall apply to Pes
804:
(a) "Appurtenance" means any equipment
which is connected to a container or pesticide application equipment for
purposes of transferring pesticides, and includes:
(1) Hoses;
(2) Fittings;
(3) Plumbing;
(4) Valves;
(5) Gauges;
(6) Pumps; and
(7) Metering
devices;
(b) "Closed system for applicators"
means a pesticide container that is designed to allow removal of a pesticide
from the original container to be mixed with a diluent for application and
allow rinsing of the empty container, without the handler contacting the
pesticide so as to reduce worker and environmental exposure;
(c) "Containment pad" means any
structure or system that is designed and constructed to intercept and contain
pesticides, rinsates and equipment wash water and prevent them from running off
or leaching from a pesticide dispensing area;
(d) "Containment structure" means
either a secondary containment area or a containment pad;
(e) "Container" means any package, can,
bottle, bag, barrel, drum, tank, film, box, or other device, excluding
pesticide application equipment, used to enclose a pesticide;
(f) "Distribution" means to import,
consign, sell, offer for sale or otherwise supply pesticides for use in
(g) "Dry bulk container" means a
container that is designed and constructed to hold only dry pesticide and has
the capacity to hold undivided quantities of greater than 100 pounds (45.5
kilograms);
(h) "Dry pesticide" means a pesticide
that is in solid form, that has not been combined with liquids, and includes
formulations such as dusts, wettable powders, dry flowable powders, and
granules;
(i) "Filling establishment" means an
operation dispensing pesticide for the purpose of distribution or sale from
appurtenances to containers or pesticide application equipment;
(j) "Liquid bulk container" means a
container designed and constructed to hold liquid pesticide and has the
capacity to hold undivided quantities of greater than 55 gallons (208.2
liters);
(k) "Non-bulk" means pesticide
containers with a capacity to hold 55 gallons (208.2 liters) or less of liquid
pesticides or 100 pounds (45.5 kilograms) or less of dry pesticides;
(l) "Pesticide dispensing area" means
an area within the boundaries of which any of the following operations are
conducted:
(1) The dispensing of pesticide from a stationary bulk
container for any purpose, including, but not limited to:
a. Filling
containers;
b. Filling
service containers or application equipment; and
c. Emptying
containers prior to cleaning; or
(2) The
transfer of pesticide from the appurtenance of a non-bulk container, the tank
of a transportation vehicle, or other source for the purpose of distribution or
sale by entities or individuals, other than applicators, or application firms;
(m) “Refillable
container” means a container that is intended to be filled with pesticide more
than once for sale or distribution.
(n) "Secondary containment area" means
any structure or system that is designed and constructed to intercept and
contain pesticide spills and leaks and prevent runoff or leaching from
stationary bulk containers and their appurtenances;
(o) "Stationary bulk container" means a
bulk container for either dry or liquid pesticide formulations that is fixed at
a single facility or establishment or, if not fixed, remains at the facility or
establishment for 14 consecutive days or longer, during all of which time the
container holds a pesticide; and
(p) "Twenty-five year, 24 hour rainfall
event" means a rainfall event with a probable recurrence interval of once
in 25 year, as established by the United States Department of Agriculture
Natural Resources Conservation Service in Technical Release Number 55,
"Urban Hydrology for Small Watersheds," Second Ed., June 1986.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(formerly Pes 803.01); amd by #5766, eff 12-28-93; ss by #6317, eff 8-13-96; ss
by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
804.02 Requirements For Secondary
Containment of Stationary Bulk Containers and Containment Pads For Pesticide
Dispensing Areas. Any stationary
bulk container and any pesticide dispensing area shall be protected by a
containment structure if located on:
(a) The facilities or property of a filling
establishment;
(b) The facilities or property of a pesticide
dealer who blends pesticides for sale in bulk; or
(c) Any other place where pesticides are stored
and handled in bulk quantities and where operations involve the filling of
containers and pesticide application equipment for distribution and sale.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(from Pes 803.02); ss by #5766, eff 12-28-93; ss by #6317, eff 8-13-96; ss by
#7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
804.03 Pesticide Dispensing Area and
Stationary Bulk Container Exceptions.
(a) Each of the following shall not be considered
a pesticide dispensing area:
(1) An area
where pesticides are transferred from containers holding 300 gallons or less of
liquid pesticide for the purpose of end use application by private applicators
in accordance with label recommendations;
(2) An area
where pesticides are handled and labeled for application as a gas; and
(3) An area
where dormant oil is being dispensed into containers holding 55 gallons or
less.
(b) Each of the following shall not be considered
a stationary bulk container:
(1) A container
holding only a pesticide which has been diluted to or below application
strength, such as rinsates or washwaters, and which is so labeled;
(2) A container
holding only pesticides which are intended to be applied as a gas; or
(3) A container
holding 300 gallons or less of liquid pesticide for the purpose of end use
application by private applicators in accordance with label recommendations.
Source. #5766, eff 12-28-93; ss by #6317, eff 8-13-96;
ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes 804.04 Construction Materials for Containment
Structure.
(a) The containment structure shall be
constructed of reinforced concrete or other rigid material which provides
sufficient strength to withstand the full dynamic or static hydrostatic head,
load and impact of any pesticides, precipitation, other substances, equipment,
and appurtenances placed within the structure.
The containment structure shall not be constructed of natural earthen
material, unfired clay, or asphalt.
(b) The entire area of the containment structure
over which liquids can flow or accumulate shall have a hydraulic conductivity
of less than 1 x 10 -7 centimeters per second.
This standard may be satisfied by the use, singly or in combination, of
structural materials, surface sealants or coatings, or a continuous liner at
the bottom of the containment structure, which have a hydraulic conductivity of
less than 1 x 10 -7 centimeters per second.
(c) All components of the containment structure
which might reasonably be expected to contact the pesticide during normal
operating conditions or during a catastrophic spill inside the containment structure,
shall be composed of materials that are compatible with the pesticide.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(from Pes 803.03); ss and moved by #5766, eff 12-28-93 (from Pes 804.03); ss by
#6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes 804.05 Design and Construction of Containment
Structures.
(a) The containment structure shall be adequate
to prevent water and other liquids from seeping into or flowing onto it from
surrounding surfaces, including land surfaces and adjacent roofs. Any
containment structure in use shall, at a minimum, be adequate to prevent run-in
or seepage during a 25 year, 24 hour rainfall event.
(b) Appurtenances and containers shall be
protected against breakage or damage from operating personnel and moving
equipment. Means of protection shall
include but are not limited to supports to prevent sagging, flexible
connections, the use of guard rails, barriers, and cages.
(c) No containment structure shall have a
discharge outlet or gravity drain through the base, nor shall a containment
structure have appurtenances installed through a wall, except for direct
interconnections between adjacent containment structures which meet the
requirements of this part. Appurtenances
shall be configured in such a way that spills or leaks can readily be observed.
(d) The containment structure shall be located at
a minimum distance of 400 feet from public wells and public surface water
supplies and at a minimum distance of 75 feet from private water wells and the
high water mark of other surface waters.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(from Pes 803.04); ss and moved by #5766, eff 12-28-93 (from Pes 804.04); ss by
#6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
804.06 Operation of Containment
Structures.
(a) The containment structure shall be operated
in a manner that prevents pesticides or materials containing pesticides from
leaving the containment structure and contacting the soil, surface water or
ground water beneath or adjacent to it.
This shall include pesticide residues washed off the containment
structure by rainfall or liquids used for cleaning the area within the
containment structure. All spills or
leaks shall be addressed pursuant to Pes 804.12. All materials containing pesticides,
including water, shall be handled in accordance with label directions and
applicable federal, state and local regulations.
(b) Transfers of pesticides within or between containment
structures shall be attended at all times by a person who is familiar with
proper transfer procedures and who is familiar with procedures that are used to
control and recover pesticide releases in accordance with requirements of U.S.
Environmental Protection Agency pursuant to 40 CFR 265.16.
(c) Refillable containers shall be cleaned or
rinsed on a containment structure.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(formerly Pes 803.05); ss and moved by #5766, eff 12-28-93 (from Pes 804.05);
ss by #6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
804.07 Inspection and Maintenance of Containment
Structures.
(a) The containment structure shall be inspected
and maintained to assure continued compliance with the requirements of Pes
804.04, Pes 804.05, Pes 804.06 and Pes 804.07.
(b) All stationary bulk containers and their
appurtenances shall be inspected for wetting, discoloration, blistering,
bulging, corrosion, cracks or other signs of damage or leakage at least weekly
unless the container is empty.
(c) The containment structure shall be inspected
for wetting, discoloration, blistering, corrosion, erosion, cracks, or other
signs of damage at least monthly during periods when pesticide is being stored
or handled within the containment structure.
Cracks and gaps in the containment structure and appurtenances shall be
sealed with material that is compatible with the pesticide being stored and
handled and which meets or exceeds the standard for hydraulic conductivity set
forth in Pes 804.04(b).
(d) Except for the removal of material in order
to effect repairs, no pesticide shall be handled or stored within the
boundaries of a containment structure which fails to meet the requirements of
Pes 804.07(a) until suitable repairs have been made.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(from Pes 803.06); ss and moved by #5766, eff 12-28-93 (from Pes 804.06); ss by
#6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
804.08 Secondary Containment Areas
For Liquid Pesticides.
(a) Any stationary liquid bulk container shall be
protected by a secondary containment area which meets the provisions of Pes
804.04, Pes 804.05, Pes 804.06 and Pes 804.07 and the requirements of this
section.
(b) A secondary containment area shall have, at a
minimum, the following capacity, compensating for any volume displaced by
containers and appurtenances:
(1) At least
125 percent of the capacity of the largest stationary bulk container within a
secondary containment area that is not protected from precipitation; or
(2) At least
110 percent of the capacity of the largest stationary bulk container within a
secondary containment area that is protected from precipitation.
(c) The secondary containment area shall allow
for the observation of leakage from the base of any enclosed stationary bulk
container. This requirement may be
achieved by elevating the stationary bulk container on structures such as legs,
skids, or by other methods, provided that leaked material can be observed
readily and the integrity of the containment structure is preserved.
(d) The owner or operator of the secondary
containment area shall ensure that each lockable valve on any stationary liquid
bulk container is closed and locked or that the facility is locked whenever the
facility is unattended.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(from Pes 803.07); ss and moved by #5766, eff 12-28-93 (from Pes 804.07); ss by
#6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes 804.09 Secondary
Containment Areas For Dry Pesticides.
Any stationary dry bulk container that holds dry pesticide shall be:
(a) Protected by a secondary containment area
which is sufficient to contain 100% of the volume of the largest stationary dry
bulk container within the secondary containment area;
(b) Protected from wind and precipitation; and
(c) Placed on pallets or raised concrete
platforms.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(from Pes 803.08); ss and moved by #5766, eff 12-28-93 (from Pes 804.08); ss by
#6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
804.10 Pesticide Containment Pads.
(a) Each pesticide dispensing area shall be protected
by a pesticide containment pad which meets the requirements of Pes 804.04, Pes
804.05, Pes 804.06, and Pes 804.07 and the requirements of this section.
(b) The pesticide containment pad shall have a
containment capacity equal to or greater than volume of the largest container
or pesticide-holding equipment on the pad.
(c) The
area covered by the pesticide containment pad shall be sufficient to intercept
leaks and spills of pesticides which might occur in the pesticide dispensing
area.
(d) The base of the pesticide containment pad
shall be sloped toward a liquid-tight sump where liquids can be collected for
removal.
(e) The containment pad shall have a means of
removing and recovering spilled, leaked, or discharged material and rainfall such
as by a manually activated pump, or an automatically - activated pump, provided
that the pump is equipped with an automatic overflow cutoff switch. Automatically - activated pumps lacking
automatic overflow cutoff switches shall be prohibited.
(f) During dispensing of pesticides from
transportation vehicles into containers, the portion of the vehicle where the
delivery hose or device couples to the pesticide tank of the vehicle shall be
positioned over the containment pad.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(from Pes 803.09); ss and moved by #5766, eff 12-28-93 (from Pes 804.09); ss by
#6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
804.11 Combined Systems. Containment structures may be combined into
integrated systems provided the requirements of Pes 804.04, Pes 804.05, Pes 804.06,
Pes 804.07 and, as applicable, Pes 804.08, Pes 804.09, and Pes 804.10 are
satisfied. If more than one stationary
bulk container exists at a facility, the requirements for secondary containment
areas may be applied individually to each stationary bulk container or
collectively, at the option of the facility.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(from Pes 803.10); ss and moved by #5766, eff 12-28-93 (from Pes 804.10); ss by
#6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
804.12 Duty to Clean Up Spills or
Leaks.
(a) Spills and leaks of pesticides on or in any
containment structure shall be collected, and recovered in a manner that
provides protection of human health and the environment, including surface
water and ground water. The maximum possible recovery of the pesticide spilled
or leaked shall be required, and such recovery shall comply with this section.
(b) All spills or leaks occurring on the surface
of any containment structure and spills or leaks that could travel off the
containment structure shall be cleaned up immediately. Spills or leaks that
could travel off the containment structure as a result of cracks or gaps shall
be cleaned up immediately. All cracks or
gaps in containment structures shall be sealed pursuant to Pes 804.07(c).
(c) All materials resulting from the recovery of spills
and leaks shall be managed in accordance with label instructions, local
regulations, and requirements of the department of environmental services
pursuant to Env-Hw 404.02.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(from Pes 803.11); ss and moved by #5766, eff 12-28-93 (from Pes 804.11); ss by
#6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
804.13 Record Keeping Requirements.
(a) The following records shall be kept in
permanent form:
(1) Records of
inspection and maintenance for each containment structure and for each
stationary bulk container and its appurtenances, including the:
a. Name of the
person conducting the inspection or maintenance;
b. Date;
c. Conditions
noted; and
d. Maintenance
performed;
(2) Records of inventory and reconciliation, including
for each applicable stationary bulk container:
a. Name of the product
stored;
b. Quantity
measured at previous inventory;
c. Quantities
dispensed from or added to container; and
d.
Reconciliation with quantity measured at the most recent inventory; and
(3) Records of
the duration over which undiluted pesticide remains in any bulk container that
is not protected by a secondary containment structure that satisfies the
requirements of this part.
(b) The records included in (a) above shall be kept
and made available for inspection for at least 3 years at the facility or the
nearest office from which the facility is administered.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(from Pes 803.12); ss and moved by #5766, eff 12-28-93 (from Pes 804.12); ss by
#6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, , EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
804.14 Exemptions. The use of closed systems, as defined under
Pes 804.01(b), greater than 55 gallons but less than 300 gallons in capacity
shall be exempt from Pes 804.02.
Source. #5611, eff 4-13-93; amd by #5734, eff 11-5-93
(from Pes 803.13); ss and moved by #5766, eff 12-28-93 (from Pes 804.13); ss by
#6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
PART Pes 805
MIXING AND LOADING OF PESTICIDES
Pes
805.01 Mixing and Loading
Requirements. Any person engaged in
the mixing or loading of pesticides shall comply with the following provisions:
(a) The pesticide label recommendations shall be
followed;
(b) Mixing or loading of pesticides shall not be
performed within 400 feet of gravel packed wells used for public water supply
or within 250 feet of other wells so used;
(c) Mixing or loading of pesticides shall not be
performed within 75 feet of surface water or private water wells;
(d) Backflow prevention shall be maintained by an
anti-siphoning device on the fill hose or water supply line;
(e) The fill hose shall be kept above the surface
of the water/chemical solution in the tank at all times; and
(f) Spills shall be cleaned up immediately to
prevent pesticides from soaking into the ground.
Source. #5734, eff 11-5-93; ss by #6317, eff 8-13-96;
ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
805.02 Exemption.
(a) Mixing or loading for chemigation shall be
exempt from Pes 805.01(b) and (c) provided that:
(1) The total capacity
of pesticide(s) at the chemigation mixing and loading site is 5 gallons or less
of liquid pesticide, or 50 pounds or less of dry pesticide; and
(2) Secondary containment shall be provided that:
a. Is
constructed of material compatible with the pesticide being applied;
b. Has an
outside edge that is at least 10 feet from the water supply including any well
head or surface water source; and
c. Is capable
of containing at least 110% of the volume of the pesticide container.
(b) Mixing or loading on a containment facility
approved by the Natural Resources Conservation Service, installed prior to
April 13, 1993, shall be exempt from Pes 805.01(c).
Source. #5734, eff 11-5-93; ss by #6317, eff 8-13-96;
ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
APPENDIX
Rule |
|
Pes 801.01 - Pes 805.02 |
RSA 430:31,IV(j) |