W. Va. Code R. § 61-12H-6

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

Section 61-12H-6 - Emergency and Discharge Response Plan

6.1. The operator of bulk pesticide storage facility shall prepare a written emergency and discharge response plan for the storage facility. The operator shall keep the plan current at all times. A copy of the plan shall be kept at a prominent location at the storage facility and, if applicable, at the nearest local office from which the storage facility is administered. The operator shall make the plan available for employee use and for inspection by the commissioner. The operator of the bulk pesticide storage facility shall provide a current copy of the plan to all local fire and police departments.

6.2. The plan shall include, but is not limited to:

6.2.1. the identity and telephone numbers of the persons who are to be contacted in the event of an emergency or discharge;

6.2.2. for every bulk pesticide stored at the facility, a complete copy of the storage container label registered in this state;

6.2.3. a complete copy of the Material Safety Data Sheet for every bulk pesticide stored at the facility;

6.2.4. the procedures and equipment to be used in controlling and recovering or otherwise responding to an emergency or a discharge; and

6.2.5. an identification, by location, of every fixed bulk pesticide storage container of a greater than three hundred (300) gallon capacity located at the facility, and the type of bulk pesticide stored therein. The plan shall include the general location within the facility of fixed storage containers of less than three hundred (300) gallon capacity.

6.4. Each operator of a bulk pesticide storage facility shall have equipment on the premises necessary to mitigate and recover pesticide discharges. The equipment shall include, but is not limited to, pumps, recovery containers, personal protective equipment and absorbent materials. The operator shall prominently post a checklist of discharge response equipment and their locations.

6.5. The operator of the bulk pesticide storage facility shall conduct emergency and discharge response training with all new and existing employees of the facility annually before the beginning of the pesticide use-season. The operator shall give new employees such training within thirty (30) days of employment. The operator shall not allow new employees to participate in actual emergency responses until such training has occurred. The owner, manager and employees are responsible for following the firm's emergency and discharge response plan procedures.

6.6. Notwithstanding subsections 6.1 through 6.3, bulk storage facilities shall comply with applicable requirements of Title 24 Code of Federal Regulations, Sections 1910.120 and 1910.1200, SARA Title III Sections 301-304 , and other applicable federal and state laws and regulations as may be applicable to bulk storage facilities.

W. Va. Code R. § 61-12H-6