W. Va. Code R. § 61-22A-3

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

Section 61-22A-3 - Recommendations for Temporary Operational Areas

3.1. General. The commissioner recommends that any person storing, mixing, or repackaging pesticides, or refilling pesticide containers perform these activities in the following manner.

3.1.a. All operational area activities should be conducted or carried out within operational area containment. Such containment should be properly maintained at all times when operational activities are occurring.

3.1.b. Operational area activities should 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.

3.1.c. The operational area containment should 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.

3.1.d. The operational area containment should be designed to catch and contain any discharges that are occurring in the operational area and should be constructed of materials and in a manner that will contain reasonably foreseeable discharges.

3.1.d.A. For liquid pesticides, including container and equipment rinsates and those mixed with a liquid or dry carrier, the operational area containment should be curbed or sloped to contain discharges so as to facilitate recovery of discharged materials. Discharges should be immediately recovered from the operational area containment. Rainfall or other liquids should not be allowed to flow either onto or out of the operational area containment unless a suitable recovery or storage facility is provided to collect, divert or manage the rainfall. The operational area containment should be capable of holding 125% of the capacity of the single largest container or vehicle operated within the operational area. A minimum containment capacity of 250 U.S. gallons should be provided.

3.1.d.B. For non-liquid pesticides, the operational area containment should extend beneath any conveyers or augers used in operational area activities unless such conveyers or augers are fully enclosed and constructed to prevent discharge. Operational area containment should be of adequate dimension (area) to contain reasonably foreseeable discharges from the largest container or equipment operated within the operational area containment. The operational area containment for non-liquid pesticides may 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 should be immediately recovered from the operational area containment. Rainfall or other liquids should not be allowed to flow either onto or out of the operational area containment unless a suitable recovery or storage facility is provided to collect, divert or manage rainfall.

3.1.e. Underground storage of recovered discharges from the operational area containment is highly discouraged and may be regulated by underground storage laws.. This does not preclude the use of approved sumps, which meet applicable state and federal requirements, that are incorporated into the design of the operational area and are maintained and operated according to a plan approved by the commissioner.

3.2. Ground Operations. The commissioner recommends the following additional specifications should apply for ground operational area activities conducted or carried out within a temporary operational area:

3.2.a. For containers or equipment with holding capacity of 10 gallons or less volume, or 50 pounds of net dry weight or less, the operational area containment should contain 100% of these capacities.

3.2.b. For containers or equipment with liquid material holding capacity of greater than 10 gallons volume, the operational area containment should contain a minimum volume of 25 gallons plus 10% of the total capacity of the container or equipment. All discharges should be immediately recovered.

3.2.c. For containers or equipment with non-liquid material holding capacity of greater than 50 pounds net dry weight, the operational area containment surface should be of adequate dimension (area) to contain reasonably foreseeable discharges from the container or equipment and provide containment for discharges that may occur at various points along conveyers or handling equipment and provide containment for discharges that may occur at various points along conveyers or handling equipment. All discharges should be immediately recovered. Tarpaulins or other suitable synthetic materials may be utilized for non-liquid materials provided they are made of non absorbent materials which are of adequate thickness and construction to withstand all foreseeable loading conditions and are generally compatible with the materials to be contained.

3.2.d. Operational area containment provided at temporary operational areas may be portable and should be capable of allowing discharges to be immediately and fully recovered, to the extent practicable, and be easily cleaned or washed after use.

3.2.e. Rainfall or other liquids should not be allowed to flow either onto or out of the temporary operational area containment while it is in use. Suitable protective measures should be implemented to protect non-liquid materials stored out-of-doors from rainfall.

3.3. Aerial Operations. The commissioner recommends the following additional specifications should apply for aerial operational area activities conducted or carried out within a temporary operational areas.

3.3.a. All operational area activities, including those associated with non-aircraft pesticide handling equipment, should be conducted or carried out within operational area containment. Such containment may be permanent or portable and should meet all of the following requirements:

3.3.b. Operational area containment should contain any discharge that may occur from any portion of the aircraft's pesticide application system.

3.3.c. The capacity of the operational area containment should be at least 125% the maximum volume of the aircraft's pesticide application system capacity.

3.3.d. The operational area containment should be constructed of concrete, steel or synthetic materials that are resistant to corrosion, puncture or cracking, and that are chemically compatible with the pesticides handled within the operational area. A written confirmation of compatibility of synthetic materials should be kept at the operational area or at the nearest local office of the person responsible for operation of the aircraft.

3.3.e. The operational area containment should be designed and constructed to withstand the weight and movement of any equipment that may be placed or parked within the operational area containment.

3.3.f. Rainfall or other liquids should not be allowed to flow either onto or out of the operational area containment unless a suitable recovery or storage facility is provided to divert or to manage the rainfall.

W. Va. Code R. § 61-22A-3