Ala. Admin. Code r. 80-1-14-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-1-14-.06 - Inspection And General Requirements

(1) Licensee's application equipment shall at all times be maintained in proper functional condition consistent with the type of dispensing equipment being used. The application equipment shall be properly calibrated as to the type of pesticide(s) and methods of application to be used. To this end, Licensee shall demonstrate to the Commissioner or his representative, upon his inspection, that application equipment used by Licensee is functioning properly and is correctly calibrated.

(2) Licensee shall maintain his pesticide storage, mixing, and disposal facilities including the general grounds in a manner so as not to cause injury or damage to man, domestic and wild animals, other wildlife, aquatic areas, or the environment. To this end the Commissioner or his representative shall inspect the pesticide storage, mixing and disposal facilities and the general grounds of a Licensee and determine that:

(a) All pesticides are stored in a well lighted, well ventilated, clean area which can be secured from entry by lock;

(b) There are no unlabeled, leaking or damaged containers in the storage area;

(c) Restricted use pesticides are stored separately from general use pesticides;

(d) Fixed mixing facilities are uncluttered, well ventilated, well lighted, and secured from entry by lock.

(3) Pilots and Licensees shall use and operate, in any agricultural aircraft operation, pesticide application equipment which shall be free of leaks and shall have a positive shutoff system to prevent leaking and dissemination of pesticides on any non-target areas over which the flight is made. Such equipment shall not allow spillage, dripping, and backflow or create a hazard from vapors or drift.

(4) No pesticide(s) shall be applied by an aerial applicator as long as any person is visible in the target area other than those assisting in the application.

(5) The Licensee or pilot shall immediately notify the Commissioner of any emergency or accidental release of pesticide(s) from the application or auxiliary equipment. The following information shall be provided:

(a) The name of the pilot,

(b) The Licensee involved,

(c) The name of the property owner or operator,

(d) The location of the incident,

(e) The name of the pesticide,

(f) The estimated amount of pesticide involved,

(g) The estimated size of the area that received the spill,

(h) The description of what is located within 300 feet from the edge of the spill in all directions,

(i) The number of humans or animals known to have been contaminated,

(j) The weather conditions at the site of the emergency or accidental release of pesticide(s).

Author: Marise Mims Sandidge

Ala. Admin. Code r. 80-1-14-.06

Adopted January 18, 1974; Filed April 19, 1982. Reformatted: Filed June 19, 1986. Amended: May 11, 1993; Amended: May 18, 1993.

Statutory Authority:Code of Ala. 1975, § 2-27-57.