W. Va. Code R. § 61-12G-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-12G-3 - Definitions

3.1. The definitions used in W. Va. Code '19-16A-1 et seq. and the regulations adopted thereunder shall apply to these regulations unless otherwise defined in this regulation.

3.2. "Best Management Practices" means activities, procedures and practices designed to prevent or remedy the introduction of pesticides or pesticide residues into groundwater to the extent technically feasible and economically possible.

3.3. "Bulk Pesticide" means any registered pesticide which is transported or held in an individual container in undivided quantities of greater than fifty-five (55) U.S. gallons liquid measure or one hundred (100) pounds net dry weight. This term does not apply to those pesticides packaged for retail sale and use in containers approved by the U.S. Department of Transportation for interstate transportation.

3.4. "Chemigation" means the application of pesticides by an irrigation system.

3.5. "Non-bulk pesticide" means all pesticides not meeting the definition of bulk pesticides.

3.6. "Non-point source" means a diffuse source of chemicals resulting from activities over a large area, the effects of which must normally be addressed by a management or conservation practice.

3.7. "Operational area" means an area or areas where the contents of pesticide containers are transferred between containers, including the transfer to application equipment, loaded, unloaded, mixed, repackaged, refilled or where pesticides are cleaned, washed or rinsed from containers or application, handling, storage or transportation equipment. An operational area does not include a facility or location that receives and/or distributes pesticides in the manufacturer's original unbroken container and such containers remain sealed or otherwise unopened.

3.8. "Point Source" means a source of chemicals resulting from a mixing, loading, storage or other activity over a small area.

3.9. "Temporary Operational Area" means an operational area that is not a permanent operational area, except when the operational area activities are carried out within the field or at a site of application and these activities occur no more than three (3) times per calendar year at the same location for a period of less than thirty-six (36) hours total and areas in and around a private dwelling where a resident of that dwelling is conducting incidental activities associated with pesticides.

3.10. "Water quality standards" means the standards of purity and quality promulgated by the State Water Resources Board.

W. Va. Code R. § 61-12G-3