W. Va. Code R. § 61-12I-3

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

Section 61-12I-3 - Permanent Operational Areas

3.1. Four (4) years after the effective date of this rule all permanent operational area activities shall be conducted or carried out within operational area containments.

3.2. All operational area activities conducted or carried out within a permanent operational area:

3.2.a. shall be carried out in a manner that prevents the escape of discharges that may result in unreasonable adverse effects on the environment.

3.2.b. shall be carried out on an impervious surface, such as a concrete pad or other similar pad approved by the commissioner, that is suitably coated with a material to retard absorption of discharges and to facilitate recovery of any discharged materials.

3.3. All operational area containments:

3.3.a. shall be constructed of materials and in a manner that will withstand the weight and movement of any equipment that may be placed or parked within the operational area containment.

3.3.b. shall be maintained at all times when operational activities are occurring.

3.3.c. shall be designed to catch and contain any discharge in the operational area.

3.3.c.A. The operational area containment for liquid pesticides, including container and equipment rinsates and those mixed with a liquid or dry carrier, shall be curbed or sloped to contain discharges. Discharges shall be immediately recovered from the operational area containment. Rainfall or other liquids may flow onto or out of the operational area containment only when a suitable recovery or storage facility collects, diverts or manages the rainfall. The operational area containment shall be capable of holding a minimum volume of ten percent (10%) of the total capacity of the single largest container or vehicle operated within the operational area or a minimum of two hundred fifty (250) gallons, whichever is greater. At least one person shall be available to monitor the loading and unloading and stop the process in the case of an operational spill, except when the operational area containment is equal to one hundred twenty-five (125%) of the capacity of the single largest container or vehicle operated within the operational area.

3.3.c.B. The operational area containment for non-liquid pesticides may extend beneath any conveyers or augers used in operational area activities only when such conveyers or augers are fully enclosed and constructed to prevent discharge. Operational area containment shall be of adequate dimension (area) to contain discharges from the largest container or equipment operated within the operational area containment. The operational area containment for non-liquid pesticides shall consist of a tarpaulin made of nonabsorbent materials which is of adequate thickness and construction to withstand all foreseeable loading conditions, and is generally compatible with the materials stored or placed thereon. Discharges shall be immediately recovered from the operational area containment. Rainfall or other liquids may flow either onto or out of the operational area containment only when a suitable recovery or storage facility collects, diverts or manages rainfall.

3.3.c.C. Sumps, meeting state and federal requirements may be incorporated into the design of the permanent operational area when they are maintained and operated according to a plan approved by the commissioner.

W. Va. Code R. § 61-12I-3