S.D. Admin. R. 12:56:01:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 12:56:01:01 - Definitions

Terms defined in SDCL 38-21-14 shall have the same meaning in this article. In addition, terms used in this article mean:

(1) "Incident." an event caused by the use of a pesticide that adversely affects man or the environment;

(2) "Act," the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 135 et seq., as amended by the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973;

(3) "Agency," the United States environmental protection agency;

(4) "Appurtenances," valves, pumps, fittings, pipes, hoses, and metering devices that are used for transferring pesticides or otherwise used in conducting operational area activities pertaining to pesticides;

(5) "Bulk pesticide," any volume of a pesticide which is transported or held in an immediate reusable container in undivided quantities greater than 100 pounds net dry weight or 55 U.S. gallons liquid measure. The term does not include pesticides which are in the custody of the ultimate user and are fully prepared for use by the user;

(6) "Bulk pesticide storage facility," any area, location, tract of land, building, structure, or premises constructed in accordance with rules promulgated by the secretary for the storage of bulk pesticides;

(7) "Bulk repackaging," the transfer of bulk pesticide from one container to another in an unaltered state in preparation for sale;

(8) "Carrier," a person engaged in the transporting of passengers or goods for hire;

(9) "Certification," the process by which the South Dakota department of agriculture determines whether or not a person is a competent pesticide applicator;

(10) "Clay soil," any substance consisting of a mixture of the following components in the stated percentages of total soil weight: clay particles of the size of .02 mm or less (40% minimum); silt particles of the size of .05 mm to .002 mm (40% maximum); fine sand particles of the size of .25 mm to .05 mm (45% maximum);

(11) "Compatibility," a property of a pesticide which permits its use with other chemicals without undesirable results being caused by the combination;

(12) "Competent," qualified in the performance of functions associated with pesticide application, the degree of proficiency required being directly related to the nature of the activity and the associated responsibility;

(13) "Complete destruction," alteration of pesticides by physical or chemical processes to inorganic forms, incapable of altering the environment;

(14) "Container," a package, can, bottle, bag, barrel, drum, tank, or other containing device used to enclose a pesticide or pesticide related wastes but not spray applicator tanks and nurse tanks which contain pesticides which are fully prepared for use;

(15) "Department," the department of agriculture;

(16) "Diluent," material added to a pesticide or a pesticide-related waste by the user or manufacturer to reduce the concentration of active ingredient;

(17) "Discharge," any spill, leak, deposit, dumping, or emptying, either accidental or otherwise, that results in a release of a pesticide into an uncontained portion of an operational area, but not lawful transfer, mixing, loading, unloading, repackaging, or refilling of a pesticide carried out over operational area containment and not lawful distribution, use, disposal, or application of a pesticide;

(18) "Distribute," to import, consign, sell, offer for sale, solicit orders for sale, or otherwise supply pesticide for sale or use in this state;

(19) "Drift," movement of a pesticide during or after application or use through air to a site other than the intended site of application or use;

(20) "Encapsulate," to seal a pesticide, and its container if appropriate, in an impervious container made of plastic, glass, or other material which will not be chemically degraded by the contents and then seal the container within a durable container made from steel, plastic, concrete, or other suitable material of sufficient thickness and strength to resist physical damage during and subsequent to burial;

(21) "Excess pesticides," pesticides which may not be legally sold pursuant to the Act or which are to be discarded;

(22) "Hazard," probability that a given pesticide will have an unreasonable adverse effect on man or the environment in a given situation;

(23) "Heavy metals," metallic elements of higher atomic weights, including arsenic, beryllium, cadmium, copper, lead, mercury, manganese, zinc, chromium, tin, thallium, and selenium;

(24) "Inorganic arsenicals," any compound containing arsenic in which the arsenic is not bonded to the carbon atom;

(25) "Inorganic pesticides," substances containing noncarbon hydrogen which are used as pesticides;

(26) "Lake," a pond or reservoir created by either natural or artificial means, but not ponds and appurtenances used for the treatment and disposal of wastes and permitted for such uses by the state;

(27) "Leachate," the end product of percolating a liquid through solid waste so that dissolved or suspended materials are extracted from it;

(28) "Metallo-organic pesticide," a class of carbon hydrogen pesticides containing one or more metal or metalloid atoms in the structure;

(29) "Nonpermanent bulk pesticide storage containers," mobile containers positioned on or part of movable equipment, such as trucks, trailers, and tank cars;

(30) "Open burning," combustion of a pesticide or container in any fashion other than incineration in a pesticide incinerator;

(31) "Open dumping," the placing of pesticides or pesticide containers in a land site in a manner other than prescribed by the South Dakota department of environment and natural resources in chapter 74:27:03, and which does not prevent adverse effects on the environment, and which exposes pesticides and pesticide containers to the elements, vectors, and scavengers;

(32) "Operational area," an area where the contents of pesticide containers are transferred between containers, including transfer to application equipment; where pesticides are loaded, unloaded, mixed, repackaged, or refilled; or where pesticides are cleaned, washed, or rinsed from containers or from application, handling, storage, or transportation equipment; but not a facility or location that receives or distributes pesticides in the manufacturer's original unbroken containers which remain sealed and are otherwise unopened;

(33) "Operational area containment," any structure or system constructed in accordance with chapter 12:56:17, either stationary or portable, which is effectively designed and constructed to intercept and contain pesticide discharges, including container or equipment wash water and rinsates, and to prevent escape, runoff, and leaching from an operational area;

(34) "Organic pesticides," substances containing carbon hydrogen which are used as pesticides, excluding metallo-organic compounds;

(35) "Permanent bulk pesticide storage containers," containers which are not positioned on or a part of movable equipment, such as trucks, trailers, and tank cars;

(36) "Pesticide incinerator," any installation capable of the controlled combustion of pesticides at a temperature of 1,000 degrees centigrade for two seconds dwell time that will assure complete conversion of the specific pesticide to inorganic gases and solid ash residues;

(37) "Principal operational area," the operational area where a pesticide applicator conducts the majority of the activities listed under "operational area";

(38) "Residential premises," a structure that is used wholly or in part as a human residence, including all lawns, grounds, facilities, and furnishings pertaining to that structure; a residential structure occupied on a rental basis; and a mobile home used as a residence and the site on which it is located;

(39) "Runoff," the portion of precipitation that drains from an area as surface flow;

(40) "Sanitary landfill," a disposal facility approved or permitted by the state under chapter 74:27:04, employing an engineered method of disposing of solid wastes on land in a manner which minimizes environmental hazards by spreading the solid wastes in thin layers, compacting the solid wastes to the smallest practical volume, and applying cover material at the end of each working day;

(41) "Scrubbing," washing of impurities from any process gas stream;

(42) "Soil injection," the placement of pesticides by ordinary tillage practices within the plow layer of a soil;

(43) "Specially designated landfill," a landfill designated by the South Dakota department of environment and natural resources where pesticide-related waste, pesticides, and pesticide containers can be disposed of legally and where such dumping does not expose the public, the environment, or surface and subsurface waters to any contamination;

(44) "Statute," SDCL 38-21-14 to 38-21-55, inclusive;

(45) "Stream," a river, creek, or tributary;

(46) "Transitory," a mobile nonpermanent outlet such as a truck;

(47) "Triple rinse," upon emptying by flushing of containers three times, each time using a volume of the normal diluent equal to approximately 20 percent of the containers' capacity, and adding the rinse liquid to the spray mixture or disposing of it by a method prescribed for the pesticide in chapter 12:56:02;

(48) Repealed;

(49) "Unreclaimable residues," residual materials of little or no value remaining after incineration;

(50) "Water dumping," disposal of pesticides into or on lakes, ponds, rivers, sewers, and other water systems;

(51) "Well," an artificial excavation or opening in the ground that is deeper than its largest surface dimension, that is made by digging, boring, drilling, jetting, or other artificial method for the purpose of obtaining groundwater, and that is currently used or usable or has been abandoned;

(52) "Well injection," disposal of excess pesticides and rinse liquids through a hole or shaft to a subsurface stratum;

(53) "Wetlands," those areas that are inundated or saturated by surface or groundwater and on which a prevalence of vegetation typically adapted for life in saturated soil conditions has been established.

S.D. Admin. R. 12:56:01:01

1 SDR 65, effective 3/27/1975; 2 SDR 53, effective 1/18/1976; 12 SDR 96, effective 12/8/1985; 12 SDR 128, 12 SDR 154, effective 7/1/1986; 13 SDR 37, effective 10/8/1986; 18 SDR 49, effective 9/15/1991; 38 SDR 40, effective 9/20/2011; 47 SDR 059, effective 12/2/2020

General Authority: SDCL 38-21-15, 38-21-15.1, 38-21-51.

Law Implemented: SDCL 38-21-15, 38-21-15.1, 38-21-51.