W. Va. Code R. § 61-12H-5

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

Section 61-12H-5 - Bulk Pesticide Storage Facility Requirements

5.1. Storage.

5.1.1. Location -- All bulk pesticide storage facilities shall comply with applicable local, state, and federal regulations. When a facility is located in a flood plain, groundwater recharge area, near wells or surface water, or similar areas, the facility shall be engineered and constructed in a manner to prevent the contamination of the surface water and groundwater of this state.

5.1.2. Primary Containments -- Beginning four (4) years after the effective date of these rules, all primary containers of bulk pesticides shall be constructed, installed, and maintained to prevent a discharge and shall be of materials and construction compatible with the pesticide stored and the conditions of storage including any specifications that may appear on the pesticide label.

5.1.3. Secondary Containment -- Beginning four (4) years after effective date of these rules, all bulk pesticide storage facilities shall be constructed with a means of secondary containment to prevent discharges and facilitate the recovery of pesticides.

a. The secondary containment shall be constructed of sufficient thickness, density and composition to contain any discharged material and shall be liquid-tight with cracks, seams and joints sealed.

b. The secondary containment for outside storage shall be maintained to contain a minimum of 125 percent of the capacity of largest single container in addition to the displacement of tanks, appurtenances, and other authorized items within the containment area. Containment tanks stored under roof shall have a minimum containment of 110 percent of the capacity of the largest single tank in addition to the displacement of tanks, appurtenances, and other authorized items within the containment area.

c. The minimum containment capacities shall be maintained at all times.

d. Unless otherwise approved by the commissioner, all secondary containment shall have sloped floor designs.

e. Liquid-tight sumps may be used for the temporary collection of liquids from the secondary containment area. Minimum capacities of these sumps shall be determined by industry recognized engineering standards. Automatically operated pumps shall be used to remove liquids from secondary containment areas or sumps only when the sumps or auxiliary tanks are located within the secondary containment. Tanks used to store these liquids shall be within the secondary containment area unless the tank contains only water.

f. Water from the secondary containment area and sumps may be used for dilution of pesticides or for other purposes only when it is reasonably free from pesticide residues. Recovered liquids from the secondary containment area or sump may be used according to label directions or disposed of according to applicable state and federal requirements.

g. All floor or in-wall drains or valves, siphon tubes, underground appurtenances or automatic sump pumps shall meet all requirements of these rules, except floor drains or valves to a liquid-tight sump and manually operated pumps may be used only when the integrity of the secondary containment is maintained.

5.1.4. When a discharge occurs, the facility manager or designated facility employee shall immediately contact the commissioner and the manufacturer. If such discharge is a reportable quantity (RQ), as defined by the Federal regulations cited in section 6.6 of these rules, the operator shall also notify the National Response Center at (800) 424-8802.

5.2. Operations.

5.2.1. All persons operating a bulk pesticide facility shall store, handle, transport, load, and unload pesticides in a manner to prevent discharge that may result in unreasonable adverse effects to man or the environment. All hazards of the pesticide shall be considered in the handling and loading practices.

5.2.2. Beginning four (4) years after the effective date of these rules, the operational areas at all bulk pesticide storage facilities shall be designed and constructed to prevent discharges that may be expected to result in unreasonable adverse effects to man or to the environment.

5.2.3. Prior to repackaging or refilling, bulk containers shall be thoroughly cleaned and inspected. They may not be cleaned only when a dedicated reusable bulk or non-bulk container is to be refilled with the same pesticide product, bearing the same label as the preceding product and the seal or a tamper indicator is otherwise intact.

5.2.4. An operator shall dispose of discharges which accumulate in any secondary containment or operational area containment as provided by the product's original labeling. If the discharge is contaminated or otherwise unfit for use, reuse or disposal according to label directions, the facility operator shall immediately contact the commissioner. Rainwater recovered from containment areas may be used for pesticide dilution or other appropriate uses, only when it is reasonably free of pesticide residue.

5.2.5. All pesticides used for custom mixing, tank mixing or repackaging in this state shall be registered and labeled in compliance with both the Federal Insecticide, Fungicide and Rodenticide Act and the Pesticide Control Act of 1990 (W. Va. Code '19-16A-1,et seq.). Upon delivery of the pesticide, the operator shall affix the registered product label to the bulk storage container in the proximity of the outlet valve.

5.2.6. The operator shall maintain locking devices on bulk pesticide storage containers or container valves, and conduct such other measures required to restrict access by unauthorized personnel to the bulk container storage area.

5.3. Inspection and Maintenance.

5.3.1. The operator of a bulk pesticide storage facility shall inspect and maintain storage containers, appurtenances, operational containment areas, and secondary containment areas to minimize the risk of a pesticide discharge. A written record of all inspections and maintenance shall be made on the day of the inspection or maintenance and kept at the facility or at the nearest local office from which the facility is administered.

5.3.2. All bulk pesticide storage shall be inspected as follows:

a. for bulk pesticide storage containers and appurtenances, at least weekly during the use-season and whenever pesticide is stored therein;

b. for secondary containment areas, at least monthly while the bulk pesticide is in storage;

c. for operational containment areas, at least monthly during the use-season.

5.3.3. The operator shall perform maintenance on the bulk pesticide storage facility as necessary in order to ensure the integrity of the bulk pesticide containers, secondary containment areas, and operational containment areas is maintained.

5.4. Record Keeping.

5.4.1. The following records shall be prepared and kept on file at the bulk pesticide storage facility or at the nearest local office from which the facility is administered while bulk pesticides are being stored:

a. the name of the person making the inspection, the date of each inspection, condition noted, and maintenance performed, if needed.

b. the beginning and end amounts in each fixed storage container calculated and recorded on a daily basis; and

c. the amounts of bulk pesticide delivered, sold, or used.

d. A written record of all pesticide discharges outside the operational area or outside the secondary containment area including data, time, type of pesticide, volume, cause (if known), actions to contain, and management of the discharge must be kept for at least 5 years from the date of entry.

5.4.2. The operator shall make the required records available for inspection upon written request or shall submit them to the commissioner within 24 hours, upon request. Storage amounts may be weighed, metered, or directly measured for recordkeeping. An annual reconciliation of the records may be required by the commissioner if the accuracy of the records is questioned or a contamination incident occurs in the area of the bulk storage facility.

W. Va. Code R. § 61-12H-5