W. Va. Code R. § 61-12I-2

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

Section 61-12I-2 - Definitions

2.1. 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.

2.2. "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 in containers approved by the U. S. Department of Transportation for interstate transportation.

2.3. "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, mixing, loading, unloading, repackaging or 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.

2.4. "Non-bulk Pesticide" means all pesticides not meeting the definition of bulk pesticides.

2.5. "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 or areas not falling within the definition of a permanent operational area defined in this rule.

2.6. "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, run-off and leaching from an operational area.

2.7. "Permanent Operational Area" means an operational area where either pesticide concentrates or use dilution mixtures in excess of three hundred (300) U.S. gallons of liquid or three thousand (3,000) pounds of net dry weight are transferred, loaded, unloaded, mixed, repackaged, refilled, or cleaned, washed or rinsed from containers or application equipment, handling equipment, storage equipment or transportation equipment over a thirty (30) day period either consecutive or cumulative during a calendar year.

W. Va. Code R. § 61-12I-2