Section 60-03-01-12 - Repackaging requirements for bulk pesticides1. A person must obtain a repackaging agreement from the registrant prior to repackaging bulk pesticides.2. Repackaging must be performed at a facility with an environmental protection agency establishment number.3. Repackaging must use meters or scales, or both, compatible with the pesticide being repackaged.4. Repackaging must be done in a permanent containment area with a primary shutoff valve or switch within immediate reach of the person who is repackaging.5. The repackaging area must be kept clean of clutter and not used as a storage area for items not immediately used for repackaging.6. A spill kit must be located within fifty feet of an operational area.7. During repackaging, clean up of any discharged pesticide or pesticide-containing materials must be performed immediately after the occurrence and reported according to local, state, and federal guidelines.8. During repackaging, a discharged pesticide or pesticide-containing material must be contained by the permanent containment area, mitigated using a spill kit, or drained, pumped, or transferred to an additional impermeable, aboveground holding tank or reservoir until utilized or disposed of in compliance with applicable local, state, and federal laws. The holding tank or reservoir must be suitably constructed to prevent the release of pesticides or pesticide-containing materials to the environment.N.D. Admin Code 60-03-01-12
Effective March 1, 2003; amended effective January 1, 2013.General Authority: NDCC 4-35-06
Law Implemented: NDCC 4-35-06, 4-35-15, 4-35-20