W. Va. Code R. § 61-12H-2

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

Section 61-12H-2 - Definition

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

2.2. "Appurtenances" means valves, pumps, fittings, pipes, hoses, plumbing or metering devices that are connected to a bulk pesticide container or used for transferring bulk pesticides between containers.

2.3. "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 and use in containers approved by the U.S. Department of Transportation for interstate transportation.

2.4. "Bulk pesticide storage facility" means any facility or site where bulk pesticides are being stored for more than thirty (30) consecutive days per year in quantities of greater than three hundred (300) U.S. gallons liquid or one hundred (100) pounds net dry weight for purposes of repackaging.

2.5. "Bulk pesticide storage facility registry" means the annual listing of all bulk pesticide storage facilities in the state as derived from written notification of the facility location by the facility's owner, operator or person-in-charge.

2.6. "Bulk repackaging" means the transfer of bulk quantities of a registered pesticide from one bulk container to another bulk container in an unaltered state in preparation for sale to, or distribution for, use by another person.

2.7. "Dedicated pesticide container" means a pesticide container effectively designed and constructed to hold a specific pesticide and to be reused, prepackaged, or refilled. Such containers shall clearly and permanently identify the pesticide to which it is dedicated and include a clearly visible tamper indicator which reveals that the integrity of the container has been either maintained or disrupted. In cases where the tamper indicator is not intact, the container shall not qualify as a dedicated container and shall not be eligible for reuse, repackaging or refilling until it has been cleaned, inspected and resealed by the registrant or its agent. Clean containers in good repair that are not dedicated containers but are otherwise suitable for or intended for use as bulk pesticide container may, upon approval of the seller or the registrant, be used, reused, refilled, or repackaged with bulk pesticides as provided herein.

2.8. "Discharge" means any spill, leak, deposit, dumping or emptying, either accidental or otherwise, that results in a release of a pesticide outside the contained portion of an operational area. Discharge does not include lawful transfer, loading, unloading, repackaging, refilling of a pesticide provided these or other similar activities are carried out within an operational area containment. In addition discharge does not include the lawful distribution, use, disposal or application of a pesticide.

2.9. "Emergency and discharge response plan" means a plan describing procedures to be employed in the event of an emergency, such as a fire or flood, or discharge at a bulk pesticide storage facility. The plan shall result in the notification of appropriate state authorities, mitigate the emergency, stop the discharge, recover the discharge, and clean up the affected area.

2.10. "Non-bulk quantity repackaging" means the authorized transfer in non-bulk quantities of a specific bulk pesticide to a suitable non-bulk container capable of holding the specific bulk pesticide. Non-bulk quantity repackaging may only be performed at a bulk pesticide storage facility under a specified written authorization and agreement between the facility and the registrant of the bulk pesticide. Nothing in this definition shall preclude the lawful filling and labeling of either single use dedicated containers or other containers, as the registrant's original unbroken container, carried out under a formal, written contractual agreement between a contract repackager and the registrant.

2.11. "Operational area" means an area or areas where pesticides are transferred between containers, including 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 these containers remain sealed or otherwise unopened.

2.12. "Operational area containment" means any structure or system designed and constructed to intercept and contain discharges, including container or equipment wash water, rinsates, and rainwater, and to prevent escape, runoff and leaching from an operational area.

2.13. "Primary containment" means the storage of bulk pesticide in either its original container or other suitable container, including dedicated containers, effectively designed and constructed to contain the pesticide or pesticides that may be stored therein.

2.14. "Secondary containment" means any structure effectively designed and constructed to contain discharges and to prevent escapes, runoff and leaching of pesticides from bulk pesticide storage facilities and operational areas.

W. Va. Code R. § 61-12H-2