S.D. Admin. R. 12:56:17:02

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

Section 12:56:17:02 - Operational area containment requirements

After February 1, 1995, the following requirements for containment apply to those operational areas where operational area containment is required pursuant to § 12:56:17:01:

(1) Operational area activities must be carried out in a manner that prevents escape of discharges that may result in unreasonable adverse effects on the environment;

(2) Operational area activities must be carried out on an impervious surface that is designed to catch and contain any discharges in the operational area;

(3) The operational area containment must be constructed in accordance with professional engineering practices which include the following:

(a) The material used must be of sufficient thickness and strength to withstand the weight and movement of any equipment that may be placed or parked within the operational area containment;

(b) All seams and cracks must be sealed;

(c) The operational area containment must be constructed of concrete or other materials approved by the secretary prior to construction or installation. If materials other than concrete are used, information must be provided by the applicant to the secretary which includes chemical compatibility, permeability, and physical characteristics of materials proposed to assure operational area containment integrity under conditions of proposed use. A written confirmation of compatibility of synthetic materials must be kept at the operational area or at the nearest local office of the operator;

(d) For liquid pesticides, including container and equipment rinsates, the operational area containment must be curbed or sloped to contain discharges so as to facilitate recovery of discharged materials and to prevent liquids from adjacent surfaces from flowing onto the operational area containment. To prevent unreasonable adverse effects on the environment as defined in SDCL chapter 38-21, the operational area containment must be of sufficient capacity and surface area to contain discharges from the single largest container or application system operated or cleaned within the operational area and to prevent spillage onto unprotected areas;

(e) For nonliquid pesticides, the operational area containment must extend beneath any conveyors or augers used in operational area activities unless the conveyors or augers are fully enclosed and constructed to prevent discharge. To prevent unreasonable adverse effects on the environment as defined in SDCL chapter 38-21, the operational area containment must be of adequate surface area to contain discharges from the largest container or equipment operated within the operational area containment. The operational area containment must be constructed to prevent liquids from adjacent surfaces from flowing onto the operational area containment;

(4) Discharges and other accumulated materials must be promptly recovered from the operational area containment. Accumulated liquids or materials containing pesticides must be disposed of in accordance with chapter 12:56:02. Accumulations of precipitation may be discharged from the operational area containment as surface runoff if the operational area containment was cleaned after the last use.

S.D. Admin. R. 12:56:17:02

18 SDR 49, effective 9/15/1991; 20 SDR 91, effective 12/19/1993; 38 SDR 40, effective 9/20/2011.

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

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