W. Va. Code R. § 61-22A-2
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-22A-2 - Definitions2.1. "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. Such term does not apply to those pesticides packaged in containers approved by the U.S. Department of Transportation for interstate transportation.2.2. "Discharge" means any spill, leak, deposit, dumping or emptying, either accidental or otherwise, that results in a release of pesticide outside a contained portion of an operational area. Discharge does not include lawful transfer, mixing, loading, unloading, repackaging or refilling of a pesticide provided such transfer, mixing, loading, unloading, repackaging, refilling or other similar activity, if carried out within an operational area containment. In addition, discharge does not include lawful distribution, use, disposal or application of a pesticide.2.3. "Non-bulk Pesticide" means any liquid or non-liquid pesticides distributed, sold, offered for sale, packaged or repackaged in containers of less that 55 U.S. gallons liquid or 100 pounds net dry weight and includes all pesticides not meeting the definition of bulk pesticides.2.4. "Operational Area" means in the case of non-bulk pesticides storage or handling facilities or locations, and area or areas where the contents of pesticide containers 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 where such containers remain sealed or other wise unopened or areas not falling within the definition of permanent or temporary operational areas defined in this rule.2.5. "Operational Area Containment" means in the case of non-bulk pesticide storage or handling facilities or location, any structure or system effectively 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.2.6. "Permanent Operational Area" means an operational area where either pesticide concentrates or use dilution mixtures in excess of 300 U.S. gallons of liquid or 3,000 pounds of net dry weight are transferred, loaded, unloaded, mixed, repackaged, refilled, or cleaned, washed or rinsed from containers or application, handling, storage or transportation equipment over a 30 day period either consecutive or cumulative during a calendar year. Permanent non-bulk operational areas are addressed by legislative rule 61 CSR 12H.2.7. "Temporary Operational Area" means an operational area that is not a permanent operational area. A temporary operational area does not include the operational area activities carried out within the field or site of application provided these activities occur no more than three times per calendar year at the same location for a period not exceeding 36 hours total and does not include the area in and around a private dwelling where a resident of that dwelling is conducting incidental activities associated with pesticide use in and around such dwelling that otherwise fall within the scope and definition of an operational area.W. Va. Code R. § 61-22A-2