ARSD Article 12:56 — PESTICIDES

AGRICULTURE AND NATURAL RESOURCES AGRICULTURE AND NATURAL RESOURCES

Chapter 12:56:01 Definitions pertaining to pesticides

ARSD 12:56:01:01 Definitions

Terms defined in SDCL 38-21-14 have the same meaning in this article. As used in this article:

(1) "Incident" means an event caused by the use of a pesticide;

(2) "Act" means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 135 et seq., as amended by the Federal Environmental Pesticide Control Act of 1972, 7 U.S.C. § 136-136y 86 Stat. 973;

(3) "Agency" means the United States environmental protection agency;

(4) "Appurtenances" means valves, pumps, fittings, pipes, hoses, and metering devices which are used for transferring pesticides or otherwise used in conducting operational area activities pertaining to pesticides;

(5) "Bulk pesticide" means any volume of a pesticide that is transported or held in an intermediate bulk container, in undivided quantities greater than 100 pounds net dry weight or 55 U.S. gallons liquid measure. The term does not include pesticides that are in the custody of the ultimate user and are fully prepared for use by the user;

(6) "Bulk pesticide storage facility" means any area, location, tract of land, building, structure, or premises constructed in accordance with rules promulgated by the secretary for the storage of bulk pesticides;

(7) "Bulk repackaging" means the transfer of bulk pesticide from one container to another in an unaltered state in preparation for sale;

(8) "Carrier" means a person engaged in the transporting of passengers or goods for hire;

(9) "Certification" means the process by which the department determines whether or not a person is a competent pesticide applicator;

(10) "Clay soil" means any substance consisting of a mixture of the following components in the stated percentages of total soil weight: clay particles of the size of .02 mm or less (40% minimum); silt particles of the size of .05 mm to .002 mm (40% maximum) and fine sand particles of the size of .25 mm to .05 mm (45% maximum);

(11) "Compatibility" means a property of a pesticide which permits its use with other chemicals without undesirable results being caused by the combination;

(12) "Competent" means qualified in the performance of functions associated with pesticide application, the degree of proficiency required being directly related to the nature of the activity and the associated responsibility;

(13) "Complete destruction" means alteration of pesticides by physical or chemical processes to inorganic forms, incapable of altering the environment;

(14) "Container" means a package, can, bottle, bag, barrel, drum, tank, or other containing device used to enclose a pesticide or pesticide related wastes but not spray applicator tanks and nurse tanks which contain pesticides which are fully prepared for use;

(15) "Department" means the Department of Agriculture and Natural Resources;

(16) "Diluent" means material added to a pesticide or a pesticide-related waste, by the user or manufacturer, to reduce the concentration of active ingredient;

(17) "Discharge" means any spill, leak, deposit, dumping, or emptying, either accidental or otherwise, that results in the release of a pesticide into an uncontained portion of an operational area, but not the lawful transfer, mixing, loading, unloading, repackaging, or refilling of a pesticide carried out over an operational area containment and not the lawful distribution, use, disposal, or application of a pesticide;

(18) "Distribute" means to import, consign, sell, offer for sale, solicit orders for sale, or otherwise supply pesticide for sale or use in this state;

(19) "Drift" means movement of a pesticide during or after application or use, through the air, to a site other than the intended site of application or use;

(20) "Excess pesticides," mean pesticides that may not be legally sold pursuant to the Act or which are to be discarded;

(21) "Hazard" means the probability that a given pesticide will have an unreasonable adverse effect on man or the environment in a given situation;

(22) "Heavy metals" mean metallic elements of higher atomic weights, including arsenic, beryllium, cadmium, copper, lead, mercury, manganese, zinc, chromium, tin, thallium, and selenium;

(23) "Inorganic arsenicals" mean any compound containing arsenic in which the arsenic is not bonded to the carbon atom;

(24) "Inorganic pesticides" mean substances containing noncarbon hydrogen, which are used as pesticides;

(25) "Lake" means a pond or reservoir created by either natural or artificial means, but not ponds and appurtenances used for the treatment and disposal of wastes and permitted for such uses by the state;

(26) "Leachate" means the end product of percolating a liquid through solid waste so that dissolved or suspended materials are extracted from it;

(27) "Nonpermanent bulk pesticide storage containers" mean mobile containers positioned on or part of movable equipment, such as trucks, trailers, and tank cars;

(28) "Open burning" means combustion of a pesticide or container in any fashion other than incineration in a pesticide incinerator;

(29) "Open dumping" means the placing of pesticides or pesticide containers in a land site in a manner other than prescribed by the South Dakota Department of Agriculture and Natural Resources, and which does not prevent adverse effects on the environment, and which exposes pesticides and pesticide containers to the elements, vectors, and scavengers;

(30) "Operational area" means an area where the contents of pesticide containers are transferred between containers, including transfer to application equipment; where pesticides are loaded, unloaded, mixed, repackaged, or refilled; or where pesticides are cleaned, washed, or rinsed from containers or from application, handling, storage, or transportation equipment; but not a facility or location that receives or distributes pesticides in the manufacturer's original unbroken containers which remain sealed and are otherwise unopened;

(31) "Operational area containment" means any structure or system constructed in accordance with chapter 12:56:17, either stationary or portable, which is effectively designed and constructed to intercept and contain pesticide discharges, including container or equipment wash water and rinsates, and to prevent escape, runoff, and leaching from an operational area;

(32) "Organic pesticides" mean substances containing carbon hydrogen which are used as pesticides, excluding metallo-organic compounds;

(33) "Permanent bulk pesticide storage containers" mean containers that are not positioned on or a part of movable equipment, such as trucks, trailers, and tank cars;

(34) "Pesticide incinerator" means any installation capable of the controlled combustion of pesticides, at a temperature of 1,000 degrees centigrade for two seconds dwell time, which will assure complete conversion of the specific pesticide to inorganic gases and solid ash residues;

(35) "Principal operational area" means the operational area where a pesticide applicator conducts the majority of the activities listed under "operational area";

(36) "Residential premises" means a structure that is used wholly or in part as a human residence, including all lawns, grounds, facilities, and furnishings pertaining to that structure; a residential structure occupied on a rental basis; and a mobile home used as a residence and the site on which it is located;

(37) "Runoff" means the portion of precipitation that drains from an area as surface flow;

(38) "Sanitary landfill" means a disposal facility approved or permitted by the state, employing an engineered method of disposing of solid wastes on land, in a manner that minimizes environmental hazards by spreading the solid wastes in thin layers, compacting the solid wastes to the smallest practical volume, and applying cover material at the end of each working day;

(39) "Scrubbing" means washing of impurities from any process gas stream;

(40) "Stream" means a river, creek, or tributary;

(41) "Triple rinse" means the emptying by flushing of a container three times, each time using a volume of the normal diluent equal to approximately 20 percent of the container's capacity, and adding the rinse liquid to the spray mixture or disposing of it by a method prescribed for the pesticide in chapter 12:56:02;

(42) "Water dumping" means disposal of pesticides into or on lakes, ponds, rivers, sewers, and other water systems;

(43) "Well" means an artificial excavation or opening in the ground that is deeper than its largest surface dimension, that is made by digging, boring, drilling, jetting, or other artificial method for the purpose of obtaining groundwater, and that is currently used, usable, or has been abandoned;

(44) "Well injection" means disposal of excess pesticides and rinse liquids through a hole or shaft to a subsurface stratum;

(45) "Wetlands" mean those areas that are inundated or saturated by surface or groundwater and on which a prevalence of vegetation, typically adapted for life in saturated soil conditions, has been established.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986; 18 SDR 49, effective September 15, 1991; 38 SDR 40, effective September 20, 2011; 47 SDR 59, effective December 2, 2020; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15.1, 38-21-51.

Chapter 12:56:02 Storage and disposal

ARSD 12:56:02:01 Permissible disposal procedures

Pesticides may be disposed of as follows:

(1) Using them for the legal purposes originally intended, at the prescribed dosage;

(2) Returning the pesticides to the manufacturer for potential relabeling, recovery of resources, reprocessing into other materials, or exportation of the pesticide to a country where its use may be legal;

(3) In accordance with the "Storage and Disposal" section of the label for the product being disposed;

(4) Collection by the Department of Agriculture and Natural Resource's unusable pesticide disposal program;

(5) If not a hazardous waste, burial in a permitted municipal solid waste landfill, in accordance with state and federal solid waste laws; or

(6) Collection and disposal as a hazardous waste, as provided for pursuant to Department of Agriculture and Natural Resources § 74:28:25:01.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.

ARSD 12:56:02:02 Prohibited storage and disposal procedures

No person may dispose of or store or receive for disposal or storage any pesticide or pesticide container or pesticide container residues as follows:

(1) So as to cause or allow open dumping of pesticides or pesticide containers;

(2) So as to cause or allow open burning of pesticides or pesticide containers;

(3) So as to cause or allow water dumping;

(4) So as to cause or allow pesticides to be stored next to food or other articles intended for consumption by humans or animals.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.

ARSD 12:56:02:03 Repealed

Procedures for disposal of pesticides -- Exceptions.** Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 38 SDR 40, effective September 20, 2011.

ARSD 12:56:02:04 Repealed

Procedures for the disposal of organic mercury, lead, cadmium, arsenic, beryllium, selenium, and all inorganic pesticides.** Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 38 SDR 40, effective September 20, 2011.

ARSD 12:56:02:04.01 Disposal of pesticides identified as hazardous wastes

Any pesticide which has been identified as a hazardous waste by § 74:28:22:01 shall be treated, stored, and disposed of in accordance with the procedures established by the Department of Agriculture and Natural Resources for the treatment, storage, and disposal of hazardous wastes as specified by § 74:28:25:01.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-21-15, 38-21-51.
Law Implemented: SDCL 38-21-15.

ARSD 12:56:02:05 Disposal of pesticide containers and residues

All pesticide containers that have been triple rinsed shall be disposed of according to one or more of the following procedures:

(1) Return to the manufacturer for reuse, recovery of resources, or reprocessing into other materials;

(2) In accordance with the "Storage and Disposal" section of the label for the pesticide being disposed;

(3) Collection by the Department of Agriculture and Natural Resource's pesticide container recycling program; or

(4) Burial in a permitted municipal solid waste landfill, in accordance with state and federal solid waste laws.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-21-15, 38-21-51.
Law Implemented: SDCL 38-21-15.

ARSD 12:56:02:06 Procedures for disposal of pesticide residue

Residue and rinse liquids which are not added to spray mixtures in the field shall be disposed of in the manner prescribed for each specific type of pesticide in accordance with the procedures established by the Department of Agriculture and Natural Resources for the disposal of solid wastes, as specified by article 74:27 or in accordance for the treatment, storage, and disposal of hazardous wastes, as specified by article 74:28.

History

Source: 1 SDR 65, effective March 27, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.

ARSD 12:56:02:07 Exemption for disposal of single containers

Sections 12:56:02:01 to 12:56:02:06, inclusive, do not apply to pesticides and single containers of pesticides designed for use in the home and garden if disposed of singly during routine solid waste disposal at a sanitary landfill.

History

Source: 1 SDR 65, effective March 27, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.

ARSD 12:56:02:08 Repealed

Storage facilities.** Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 4 SDR 23, effective October 20, 1977; 12 SDR 96, repealed December 8, 1985.

Chapter 12:56:03 Pesticide transportation requirements

ARSD 12:56:03:01 Transportation by commercial carriers

Pesticides transported by commercial carriers shall be packaged in the manufacturer's original container. Pesticides which are identified as hazardous materials shall comply with department of commerce and regulation requirements specified in § 61:23:01:02.

History

Source: 1 SDR 65, effective March 27, 1975; 12 SDR 96, effective December 8, 1875; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-35, 38-21-15, 38-21-16.

ARSD 12:56:03:01.01 Spills during transport

The commercial carrier shall notify the department or division of emergency and disaster services within 12 hours after the spill of more than 5 gallons of liquid or 50 pounds of dry pesticide which occurs during transportation. The commercial carrier shall provide written notice of a spill to the department within 72 hours after the spill.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15, 38-21-16.

ARSD 12:56:03:02 Pesticides to be isolated during transportation

Pesticides shall not be transported by a commercial carrier in the same compartment of the vehicle with clothes, food, feed, or other material intended for use or consumption by humans or animals.

History

Source: 1 SDR 65, effective March 27, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.

ARSD 12:56:03:03 Transportation of bulk pesticides

A bulk pesticide storage container being transported shall comply with department of commerce and regulation requirements in § 61:23:01:02 and shall be secured to prevent significant movement during transportation. The container shall prominently bear the registered product label for the pesticide contained in it.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15, 38-21-16.

Chapter 12:56:04 Commercial applicators

ARSD 12:56:04:01 Agricultural plant pest control

Commercial applicators using pesticides on lands used in the production of agricultural commodities, including grains, soybeans, forage, vegetables, small fruits, tree fruits, and nuts, or feed and forage crops, grasslands and non-crop agricultural lands must be certified for agricultural plant pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:02 Agricultural livestock pest control

Commercial applicators using pesticides on animals, including beef cattle, dairy cattle, swine, sheep, horses, goats, poultry, and other livestock or at places on or in which animals are confined, must be certified for agricultural livestock pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide. Certification in this category does not authorize the use of products for predator control as referenced in § 12:56:04:12.01, or for fumigation as referenced in § 12:56:04:12.02.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:03 Forest pest control

Commercial applicators using pesticides in forests, forest nurseries, and forest seed-producing areas must be certified for forest pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:04 Ornamental and turf pest control

Commercial applicators using pesticides to control pests in the maintenance and production of ornamental trees, shrubs, and flowers, and in the maintenance and production of turf, must be certified for ornamental and turf pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:05 Seed treatment

Commercial applicators using pesticides on seeds must be certified for seed treatment. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:06 Aquatic pest control

Commercial applicators, other than those engaged in public health-related activities included in § 12:56:04:09, must, before purposefully applying any pesticide to standing or running water, be certified for aquatic pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:07 Right-of-way pest control

Commercial applicators using pesticides in the maintenance of rights-of-way roadside, powerline, pipeline, and railway rights-of-way and easement rights-of-way must be certified for right-of-way pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:08 Industrial, institutional, structural, and health-related pest control

Commercial applicators using pesticides in, on, or around food handling establishments, packing houses, and food processing facilities; human dwellings; institutions such as schools, hospitals, and prisons; and industrial establishments, manufacturing facilities, warehouses, grain elevators, and structures adjacent to areas public or private; and for the protection of stored, processed, or manufactured products must be certified for industrial, institutional, structural, and health-related pest control. This category applies to commercial applicators who use pesticides in the control of rodents and birds in or around structures. This category applies to non-government commercial applicators who use pesticides for the management and control of pests having public health importance. Licensed applicators in this classification must be certified and licensed to use any pesticide. Certification in this category does not authorize the use of products for fumigation listed in § 12:56:04:12.02.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:09 Public health pest control

Commercial applicators and governmental employees using pesticides in government-sponsored public health programs for the management and control of pests having medical and public health importance must be certified for public health pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:10 Regulatory pest control, Repealed

Regulatory pest control. Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.

ARSD 12:56:04:11 Demonstration and research pest control, Repealed

Demonstration and research pest control. Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.

ARSD 12:56:04:12 Rodent pest control

Commercial applicators using pesticides in the control of rodents not in or around structures must be certified for rodent pest control on agricultural land. Licensed applicators in this classification must be certified and licensed to use any pesticide. Certification in this category does not authorize the use of products for fumigation listed in § 12:56:04:12.02.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:12.01 Sodium cyanide predator pest control

Commercial applicators who use sodium cyanide in a mechanical ejection device to control regulated predators must be certified for sodium cyanide predator pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:12.02 Non-soil fumigation pest control

Commercial applicators who use pesticides must be certified for grain fumigation pest control to fumigate anything other than soil, including commodity storage, such as grain storage bins, rail cars, vehicles, and vessels, in which grain is stored during transit, vertebrate burrows, buildings and enclosed spaces permanently or occasionally occupied by humans. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:04:12.03 Wood preservative pest control

Commercial applicators who use pesticides to control pests that damage or destroy wood must be certified for wood preservative pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

ARSD 12:56:04:12.04 Repealed

12:56:04 :12.04. Livestock protection collar. Repealed.

History

Source: 17 SDR 116, effective February 14, 1991; repealed, SL 2015, ch 204, § 45, effective July 1, 2015.

ARSD 12:56:04:13 Applicators' subclassifications, Repealed

Applicators' subclassifications. Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.

ARSD 12:56:04:14 Repealed

Licensed applicators classified by types of pesticides.** Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 4 SDR 23, repealed October 20, 1977.

ARSD 12:56:04:15 Aerial pest control

Aerial commercial applicators using pesticides on lands used in the production of agricultural commodities, including grains, soybeans, forage, vegetables, small fruits, tree fruits, and nuts, or on grasslands, non-crop agricultural lands, or on rights-of-way, must be certified for agricultural plant pest control or rights-of-way, or both, as applicable. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 44 SDR 151, effective April 30, 2018; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

Chapter 12:56:05 Certification of applicators

ARSD 12:56:05:01 Renewal of applicator certification

Certification required for an applicator's license may be maintained by passing a written examination with a score of at least 70 percent, every two years following the initial certification. Certification requirements must be met before a license may be issued.

In lieu of a renewal examination, attendance at a certification course held under the direction of the department qualifies the licensed applicator for maintenance of certification.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:05:02 Initial certification based on examination

Applicators requiring a license must be certified to be eligible for a license. Initial certification is obtained by passing a written examination, furnished by the department, with a score of at least 70 percent.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:05:03 Provisions for reexamination

Applicants failing to pass a certification examination may take a reexamination three days after notification of a failure.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:05:04 General standards for certification of commercial applicators

Persons seeking certification as commercial applicators must demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of pesticides by passing a written examination. The examination must address:

(1) Labels and labeling, including:

(a) The general format and terminology of pesticide labels and labeling;

(b) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

(c) Understanding that it is a violation of federal law to use any registered pesticide in a manner inconsistent with its label and labeling;

(d) Understanding that a certified applicator must be physically present at the site and at time of the application;

(e) Understanding that applicators must comply with all use restrictions and directions for use stated on any pesticide labels or labeling, including being certified in the certification category appropriate to the type and site of the application;

(f) Understanding the meaning of product classification as either general or restricted use and understanding that a product may be unclassified;

(g) Understanding compliance requirements with product-specific notification requirements; and

(h) Recognizing and understanding the difference between mandatory and advisory labeling language;

(2) Safety measures to avoid or minimize adverse health effects, including:

(a) Understanding the risks of acute toxicity and chronic toxicity, and the long-term effects of pesticides on human health;

(b) Understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;

(d) Understanding common types and causes of pesticide use error;

(e) Preventing injury to applicators and other individuals in or near treated areas;

(f) Understanding the need for and proper use of protective clothing and personal protective equipment;

(g) Recognizing the symptoms of pesticide poisoning;

(h) Providing first aid and being familiar with procedures to be followed in case of a pesticide use error; and

(i) Understanding appropriate methods for identifying, storing, transporting, handling, mixing and disposing of pesticides and used pesticide containers, including precautions to prevent children from having access to pesticides and pesticide containers;

(3) Potential environmental inpacts resulting from:

(a) Weather and indoor and outdoor climatic conditions;

(b) Terrain, soil, and other substrate;

(d) Drainage patterns;

(4) The proper identification and effective control of pests by:

(a) Understanding common features of pest organisms;

(b) Understanding characteristic damage features needed for pest recognition;

(d) Understanding pest development and biology as relevant to identification and control;

(5) Pesticide characteristics, including:

(a) Types of pesticides;

(b) Types of formulations;

(d) Hazards and residues associated with use;

(e) Factors that influence effectiveness or lead to pesticide resistance issues; and

(f) Dilution procedures used;

(6) Application equipment, including:

(a) Types of equipment;

(b) Uses, maintenance, and calibration of equipment; and

(7) Pesticide application methods, including:

(a) Understanding methods used to apply various forms and formulations of pesticides;

(b) Understanding which application method to use in a given situation;

(d) Understanding how the selection of an application method may have a positive outcome or may result in an unnecessary or ineffective use, and misuse; and

(e) Understanding that use of a fumigant, aerial application, or sodium cyanide requires additional certification;

(8) Applicable state, tribal, and federal laws, rules, and regulations; and

(9) Professionalism, including:

(a) Understanding the need for and maintaining security for restricted-use pesticides;

(b) Ways of communicating information about pesticide exposure and risk with customers and the public; and

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.01 Additional standards for certification in agricultural plant pest control

In addition to meeting the general standards set forth in § 12:56:05:04 or 12:56:05:04.17, applicators seeking certification in agricultural plant pest control must demonstrate practical knowledge of crops, grasslands, and non-crop agricultural lands and the specific pests of those areas, including knowledge of pre-harvest intervals, restricted entry intervals, potential for environmental contamination, non-target injury to plants, and other problems resulting from the use of pesticides in agricultural areas. The required knowledge also includes the potential for:

(1) Phytotoxicity due to a wide variety of plants to be protected;

(2) Drift; and

(3) Non-target exposures to humans.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.02 Additional standards for certification in agricultural livestock pest control

In addition to meeting the general standards set forth in § 12:56:05:04, applicators seeking certification in agricultural livestock pest control must demonstrate practical knowledge of livestock and their associated pests. The required knowledge includes specific pesticide toxicity and residue potential, and the hazards associated with such factors as formulation, application techniques, age of the animals, stress, and the extent of treatment.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.03 Additional standards for certification in forest pest control

In addition to meeting the general standards set forth in § 12:56:05:04 or 12:56:05:04.17, applicators seeking certification in forest pest control must demonstrate a practical knowledge of types of forests, forest nurseries, and seed production, within the jurisdiction of the certifying authority, and the associated pests. The required knowledge includes the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications, the relevant organisms causing harm and their vulnerability to the pesticides to be applied, how to determine when pesticide use is proper, selection of the application method, proper use of the application equipment to minimize non-target exposures, and appropriate responses to meteorological factors and adjacent land use. The required knowledge also includes the potential for:

(1) Phytotoxicity due to a wide variety of plants to be protected;

(2) Drift; and

(3) Persistence beyond the intended period of pest control.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.04 Additional standards for certification in ornamental and turf pest control

In addition to meeting the general standards set forth in § 12:56:05:04, applicators seeking certification in ornamental and turf pest control must demonstrate a practical knowledge of pesticide problems associated with the production and maintenance of ornamental plants and turf. The required knowledge includes the potential for:

(1) Phytotoxicity due to a wide variety of plants to be protected;

(2) Drift;

(3) Persistence beyond the intended period of pest control; and

(4) Non-target exposures.

Applicators must also demonstrate practical knowledge of application methods that will minimize or prevent injury to humans, and pets and other domestic animals.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.05 Additional standards for certification in seed treatment

In addition to meeting the general standards set forth in § 12:56:05:04, applicators seeking certification in seed treatment must demonstrate practical knowledge, including:

(1) Recognizing types of seeds to be treated;

(2) The effects of carriers and surface-active agents on pesticide binding and germination;

(3) The hazards associated with handling, sorting, mixing, and the misuse of treated seed;

(4) The importance of proper application techniques to avoid harming non-target organisms; and

(5) The proper disposal of unused treated seeds.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.06 Additional standards for certification in aquatic pest control

In addition to meeting the general standards set forth in § 12:56:05:04 or 12:56:05:04.17, applicators seeking certification in aquatic pest control must demonstrate practical knowledge regarding:

(1) The characteristics of various aquatic use situations;

(2) The potential for adverse effects on non-target plants, fish, birds, beneficial insects, and other organisms, in the immediate aquatic environment and downstream; and

(3) The principles of limited area application.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.07 Additional standards for certification in right-of-way pest control

In addition to meeting the general standards in § 12:56:05:04 or 12:56:05:04.17, applicators seeking certification in right-of-way pest control must demonstrate practical knowledge regarding:

(1) The types of environments, both terrestrial and aquatic, traversed by right-of-way;

(2) The recognition of target pests;

(3) Techniques fo minimize non-target exposure, runoff, drift, and excessive foliage destruction; and

(4) The potential for:

(a) Phytotoxicity, due to the variety of plants and pests to be controlled; and

(b) Persistence beyond the intended period of pest control.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.08 Additional standards for certification in industrial, institutional, structural, and health related pest control

Additional standards for certification in industrial, institutional, structural, and health-related pest control. In addition to meeting the general standards set forth in § 12:56:05:04, and the public health pest standards set forth in § 12:56:05:04.09, to be certified in industrial, institutional, structural, and health-related pest control, applicators must demonstrate a practical knowledge of industrial, institutional, and structural pests that includes rodents and birds in structures, and health-related pests. The demonstration of knowledge must include recognizing those pests and signs of their presence, identifying their habitats, and understanding their life cycles, biology, and behavior as it may be relevant to pest identification and control.

Applicators must demonstrate a practical knowledge of formulations appropriate for the control of industrial, institutional, and structural pests, and methods of applications that:

(1) Avoid the contamination of food;

(2) Minimize damage to and contamination of areas that are treated;

(3) Minimize acute and chronic exposure of people and pets; and

(4) Minimize the environmental impact of outdoor applications.

Applicators must also demonstrate a practical knowledge of pests that are vectors of disease.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.09 Additional standards for certification in public health pest control

In addition to meeting general standards in § 12:56:05:04 or 12:56:05:04.17, applicators seeking certification in public health pest control must demonstrate practical knowledge of pests that are vectors of human viral disease. The demonstration of knowledge must include recognizing the pests and signs of their presence, identifying their habitats, and understanding their life cycles, biology, and behavior as relevant to pest identification and control. The applicator must also demonstrate:

(1) How to minimize damage to, and the contamination of, areas that are treated;

(2) How to minimize acute and chronic exposure of people and pets; and

(3) How to minimize non-target exposures.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.10 Additional standards for certification in regulatory pest control, Repealed

Additional standards for certification in regulatory pest control. Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.

ARSD 12:56:05:04.11 Additional standards for certification in demonstration and research pest control, Repealed

Additional standards for certification in demonstration and research pest control. Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.

ARSD 12:56:05:04.12 Additional standards for certification in rodent pest control

In addition to meeting general standards in § 12:56:05:04, applicators seeking certification in rodent pest control not in or around structures must demonstrate knowledge of the biological and behavioral patterns of target and related nontarget species, including:

(1) Toxicity levels that may be expected to provide selective control of pest species, without causing significant damage to populations of related nontarget species;

(2) Application techniques and practices designed to minimize secondary poisonings of nontarget species; and

(3) Proper management and placement techniques of baits.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; transferred from § 12:56:05:04, 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.13 Additional standards for certification in sodium cyanide predator pest control

In addition to meeting general standards in § 12:56:05:04, applicators seeking certification in sodium cyanide predator pest control must demonstrate a practical knowledge of mammalian predator pests. The demonstration of knowledge must include recognizing those pests and signs of their presence, identifying their habitats, and understanding their life cycles, biology, and behavior relevant to pest identification and control.

Applicators must demonstrate a comprehension of all laws and regulations applicable to the use of sodium cyanide in mechanical ejection devices. Applicators must also demonstrate a practical knowledge and understanding of all use restrictions on sodium cyanide capsules and mechanical ejection devices, including:

(1) The safe handling and proper placement of the sodium cyanide capsules and the ejection device;

(2) The proper use of an antidote kit;

(3) The notification of medical personnel before use of the device;

(4) Application restrictions on when and where devices can be used;

(5) Requirements to review maps, provided by the U.S. Fish and Wildlife Service, before use, to avoid affecting endangered species;

(6) The maximum density of mechanical ejection devices;

(7) Provisions for supervising and monitoring applicators;

(8) The required information exchange in locations where more than one agency is authorized to place devices; and

(9) Specific requirements for recordkeeping, monitoring, field posting, proper storage, and disposal of damaged or used sodium cyanide capsules.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.14 Additional standards for certification in non-soil fumigation pest control

In addition to meeting the general standards set forth in § 12:56:05:04, applicators seeking certification in non-soil fumigation pest control must demonstrate, by means of a written examination, a practical knowledge of the items listed in this section associated with fumigation applications of pesticides to sites other than soil. The required knowledge must include:

(1) Familiarity with pesticide labels and labeling for products used in non-soil fumigation;

(2) An understanding of:

(a) Ways in which persons can become exposed to fumigants;

(b) Common problems and mistakes that can result in direct exposure to fumigants;

(d) Air concentrations of a fumigant that require applicators to wear respirators or to exit the work area entirely;

(e) Steps to take if an applicator experiences sensory irritation as a result of the fumigation;

(f) Air sampling and monitoring, when it is required, and where and when to take samples requirements;

(g) Buffer zone monitoring requirements;

(h) First aid measures to address fumigant exposure; and

(i) Labeling requirements for transportation, storage, spill clean-up, and emergency response for non-soil fumigants, including instructions for safe disposal of containers and contaminated materials, and management of empty containers;

(3) An understanding of:

(a) The chemical characteristics of non-soil fumigants;

(b) The consequences of human exposure to non-soil fumigants;

(d) How fumigants disperse in an application zone; and

(e) The compatibility of tanks, hoses, tubing, and other equipment, with a fumigant;

(4) An understanding of:

(a) Application methods and equipment commonly used for non-soil fumigation;

(b) The potential for site characteristics to affect fumigant exposure;

(c) Application timing as a result of air stability, air temperature, humidity, and wind currents, and labeling restrictions on an application under specific conditions;

(d) The need to inspect application equipment and the site to be fumigated, prior to an application;

(e) The reason for and methods of sealing the area to be fumigated;

(f) The calculations to determine the amount of product required for a treatment area;

(g) The basic techniques for calibrating non-soil fumigant application equipment; and

(h) The requirements for monitoring the air quality in the treatment area;

(5) An understanding of:

(a) Influence of pest factors on fumigant volatility;

(b) Factors that affect gaseous movement through the area being fumigated and into the air;

(d) The relationship between pest density and application rate; and

(e) Proper application rate and timing;

(6) An understanding of:

(a) Label requirements for personal protective equipment;

(b) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;

(c) The types of respirators required when using specific non-soil fumigants, how to properly use respirators, and how to perform a medical evaluation, how to test the fit of a respirator, and when and how to replace cartridges and canisters; and

(d) Labeling requirements and laws and regulations applicable to performing a medical evaluation for respirator use, fit tests, training, and recordkeeping;

(7) An understanding of fumigant management plans, including:

(a) What constitutes a fumigant management plan when a plan is required, where and how long it must be kept on file, where it must be kept during the application, and who must have access to it;

(b) Resources to assist the applicator in preparing a fumigant management plan;

(d) The elements, purpose, and content of a post-application summary, who must prepare the summary, and when it must be completed; and

(8) Understanding posting requirements, including:

(a) Who is allowed in an area bring fumigated or after fumigation;

(b) Distinguishing fumigant labeling-required posting and treated area posting, including the pre-application and post-application posting timeframes for each; and

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.15 Additional standards for certification in wood preservative pest control

In addition to meeting the general standards in § 12:56:05:04, applicators seeking certification in wood preservative pest control must be tested on their knowledge of:

(1) Wood preservative application, including:

(a) The preparation of wood for treatment;

(b) Methods of applying wood preservatives; and

(2) Protecting human health, including:

(a) Hazards to applicator that may have acute or chronic effects;

(b) Safety procedures to reduce exposure;

(d) The wearing and care of protective equipment;

(3) Protecting the environment, including:

(a) Waste disposal;

(b) The storage and disposal of containers; and

(4) Monitoring procedures for the measurement of ambient inorganic arsenicals.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:04.16 Repealed

12:56:05 :04.16. Additional standards for certification in use of livestock protection collar. Repealed.

History

Source: 17 SDR 116, effective February 14, 1991; repealed, SL 2015, ch 204, § 46, effective July 1, 2015.

ARSD 12:56:05:04.17 General standards for certification in aerial pesticide applications

Persons seeking certification as a commercial aerial applicator must demonstrate practical knowledge of the principles and practices of pest control and the proper and effective use of pesticides by passing a written examination. The examination must address:

(1) Labeling requirements and restrictions specific to the aerial application of pesticides, including:

(a) Spray volumes;

(b) Buffer zones and no-spray zones; and

(2) Choosing and maintaining aerial application equipment, including:

(a) The inspection of application equipment prior to an application, to ensure it is in proper operating condition, including pressure gauge accuracy, filter cleaning, and checking nozzles for excessive repair;

(b) Proper nozzle selection to ensure appropriate pesticide disposal and minimize drift;

(d) Interpreting a nozzle flow rate chart to calculate flow rates, by using fixed timing, open timing, known distance, or flow meter;

(e) Determining the number of nozzles necessary for the intended pesticide output, using a nozzle flow rate chart, aircraft speed, and swath width;

(f) Ensuring that the nozzles are placed to compensate for uneven dispersal, due to uneven airflow from wingtip vortices, helicopter rotor turbulence, or aircraft propeller turbulence;

(g) The placement of nozzles to produce the appropriate droplet size;

(h) How to maintain the application system in good repair, including pressure gauge accuracy, filter cleaning according to schedule, and checking nozzles for excessive wear; and

(i) The adjustment and calibration of application equipment;

(3) Factors to be considered before and during application, including:

(a) Weather conditions that could impact application by affecting aircraft engine power, take-off distance, and climb rate, or by promoting spray droplet evaporation;

(b) Wind speed, direction, and air density at the application site; and

(4) Methods for minimizing off-target pesticide movement, including:

(a) How to determine drift potential using a smoke generator;

(b) How to evaluate vertical and horizontal smoke plumes to assess wind direction, speed, and pesticide concentration;

(d) Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift; and

(5) The applicator's ability to:

(a) Select a flight altitude that minimizes application skips and off-target pesticide drift;

(b) Select a flight pattern that ensures applicator and bystander safety;

(d) Understand and use global positioning systems and flags to mark swaths; and

(e) Recordkeeping requirements for aerial pesticide applications, including application conditions.

History

Source: 44 SDR 151, effective April 30, 2018; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

ARSD 12:56:05:04.18 Additional standards for certification in aerial right of way

In addition to meeting the general standards in § 12:56:05:04, applicators seeking certification in aerial right-of-way pest control shall be tested on:

(1) Their understanding and knowledge of foliage damage;

(2) Their ability to recognize target pests;

(3) The nature of herbicides and problems caused by applying pesticides to a variety of environments and terrains including:

(a) Problems caused by runoff and drift;

(b) The need for containment of pesticides within the right-of-way area; and

History

Source: 44 SDR 151, effective April 30, 2018; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:05 Test to include knowledge of laws and regulations

Commercial applicators shall demonstrate an understanding of state and federal laws and regulations pertaining to pesticides.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:05.01 Repealed

Supervision standards for noncertified applicators.** Repealed.

History

Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 38 SDR 40, effective September 20, 2011.

ARSD 12:56:05:06 Contents of application for applicator license

An application for a licensed applicator, licensed operator, and public operator's license must include:

(1) The applicant name;

(2) The applicant's partnership or organization and its permanent address;

(3) The applicant's local base of operation and maintenance;

(4) The applicant's telephone number;

(5) A statement indicating whether the applicant seeks to be certified as a ground applicator, an aerial applicator, or both; and

(6) The date and the applicant's signature.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:05:07 Repealed

Information to be included on aerial application.** Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 47 SDR 59, effective December 2, 2020.

ARSD 12:56:05:08 Repealed

Applicant for licensed applicator license must prove financial responsibility.** Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 4 SDR 23, repealed October 20, 1977.

ARSD 12:56:05:09 Repealed

Amount of bond or liability insurance -- Minimum requirements.** Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 4 SDR 23, repealed October 20, 1977.

ARSD 12:56:05:10 Repealed

Exclusions on policy.** Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 4 SDR 23, repealed October 20, 1977.

ARSD 12:56:05:11 Repealed

Notice to be given upon cancellation of policy.** Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 4 SDR 23, repealed October 20, 1977.

ARSD 12:56:05:12 Repealed

Authorization of insurer or surplus line broker.** Repealed.

History

Source: 1 SDR 65, effective March 27, 1975; 4 SDR 23, repealed October 20, 1977.

Chapter 12:56:06 Damage claims

ARSD 12:56:06:01 Contents of report form for alleged pesticide incident

Contents of report form for alleged pesticide** incident . The report form required by SDCL 38-21-46 must include:

(1) The name and address of person making the report;

(2) The telephone number of person making the report;

(3) The county and legal description of the property on which the incident occurred or damage is alleged;

(4) The date, approximate time, weather conditions including wind direction, and temperature when the application was made, if known;

(5) The county and legal description of the property on which the application was made;

(6) The operator of the property on which the application was made;

(7) A description of the incident or damages;

(8) The name of the applicator or operator who applied the pesticides;

(9) The name of any witness, if known;

(10) Whether ground or aerial application was used and the crop that was treated;

(11) The chemical used, if known;

(12) Whether the applicator was notified and, if so, when; and

(13) The date that the incident form was submitted and the signature of the person completing the form.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-16.

Chapter 12:56:07

ARSD 12:56:07:01 Required applicator records

Each applicator shall keep records which must include the following for each application:

(1) The name and address of the person for whom the pesticide was applied;

(2) The location of the property where the pesticide was applied;

(3) The pest to be treated;

(4) The acreage, area, or number of plants or animals treated or other appropriate description;

(5) The year, month, day, and time the pesticide was applied;

(6) The person who applied the pesticide;

(7) The trade or brand name and common name of the pesticide applied;

(8) The company name appearing on the product label;

(9) The weather conditions at the time of application, including the direction and estimated velocity of the wind and the temperature at the time the pesticide was applied except that this requirement does not apply to the application of bait in bait stations or pesticide applications in or immediately adjacent to structures;

(10) The amount of the pesticide applied and its concentration in pounds or gallons per unit or percentages of active ingredient per unit;

(11) The specific crop or designated site or commodity to which the pesticide application was made.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-24, 38-21-51.

ARSD 12:56:07:02 Availability of records to the department

Each applicator shall have all pesticide application records completed and available to the department for inspection at the close of each day.

History

Source: 1 SDR 65, effective March 27, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-24.

ARSD 12:56:07:03 Records to be kept for three years

The records required by § 12:56:07:01 must be kept by the applicator for three years from the date of the application. The department must be furnished with a copy of these records upon request.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-24.

ARSD 12:56:07:04 Commercial applicator to make record of application available to customer

Commercial a** pplicator to make record of application available to customer. Upon written request, a commercial applicator shall provide the customer with a record of each pesticide application to the customer's land.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-24, 38-21-51.

ARSD 12:56:07:05 Information to be furnished upon department request

Except as otherwise provided for in this section, the department may require any applicator, not more than once in any five-year period, to furnish the department with a summary for the preceding year, which shall include the following information by county: crop, site, or commodity treated, pest treated, trade or brand name and common name of pesticide applied, the percent of or pounds of active ingredient per gallon, and total volume used. The secretary may require the information to be submitted more than once in a five-year period if circumstances require that the information is needed to protect the health and well-being of the residents of this state.

All summaries and information submitted to the department is confidential, unless that information is used by the department to compile an area or state-wide report of pesticide usage by applicators or is subpoenaed by a court of law.

The department may not issue a renewed license or allow a certification to be renewed if the commercial applicator applying for the license or certification has not submitted the requested summary for the preceding year.

History

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986; SL 2003, ch 214, § 1, effective July 1, 2003; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-24, 38-21-51.

Chapter 12:56:08 Certification of licensed operators, Repealed

ARSD 12:56:08 Repealed chapter

CHAPTER 12:56:08

CERTIFICATION OF LICENSED OPERATORS

(Repealed. 38 SDR 40, effective September 20, 2011)

Chapter 12:56:09 Certification of public operators, Repealed

ARSD 12:56:09 Repealed chapter

CHAPTER 12:56:09

CERTIFICATION OF PUBLIC OPERATORS

(Repealed. 38 SDR 40, effective September 20, 2011)

Chapter 12:56:10 Licensed pesticide dealers

ARSD 12:56:10:01 Licensed pesticide dealers' license application form

Licensed pesticide dealer license application forms must include:

(1) The name of the applicant;

(2) The name of the firm;

(3) The permanent address and telephone number of the firm; and

(4) A statement indicating whether the applicant has a pesticide applicator license.

History

Source: 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.5.

ARSD 12:56:10:02 License fee for licensed applicator who is a licensed pesticide dealer

Repealed.

History

Source: 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 38 SDR 40, effective September 20, 2011.

ARSD 12:56:10:03 Dealer license examination

Applicants for a pesticide dealer license must pass a written examination by a score of at least 70 percent. The standards of competence required are the same as those set forth in § 12:56:05:04. If an applicant fails the examination, the applicant may be reexamined in three days.

History

Source: 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.1.

ARSD 12:56:10:04 Dealers must attend pesticide certification shortcourse

If a person who has passed the licensed pesticide dealer license examination does not attend a certification shortcourse at least every two years, the person must be tested by passing a written examination with a score of at least 70 percent before the person may obtain a licensed pesticide dealer license.

History

Source: 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.1.

ARSD 12:56:10:05 Repealed

Licensed dealers selling restricted-use pesticides to uncertified private applicators.** Repealed.

History

Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 38 SDR 40, effective September 20, 2011.

ARSD 12:56:10:06 Required dealer records

Each licensed pesticide dealer must keep records of restricted use pesticide sales. The record for each sale must include:

(1) The dealer's name, address, and license number;

(2) The private or commercial applicator's name, address, certification or license number, the expiration date of the private or commercial applicator's certification or license, and the applicator's certification categories relevant to the pesticide sold;

(3) The date of the sale; and

(4) The trade name, quantity, and Environmental Protection Agency registration number of the pesticide sold, including any applicable emergency exemption or state special local need registration number.

Records required by this section must be maintained in the form of a log, registry of invoices, billing tickets, or delivery tickets.

History

Source: 13 SDR 37, effective October 8, 1986; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

ARSD 12:56:10:07 Records to be kept for three years

Records of restricted-use pesticide sales made by a licensed pesticide dealer or the dealer's employees must be kept by the dealer for three years from the date of the sale. The department must, upon written request, be furnished with a copy of these records, which must include the information required by § 12:56:10:06.

History

Source: 13 SDR 37, effective October 8, 1986.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

ARSD 12:56:10:08 Availability of records to the department

Each licensed pesticide dealer must make firm's restricted-use pesticide sales records available to the department for inspection during normal business hours.

History

Source: 13 SDR 37, effective October 8, 1986.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

Chapter 12:56:11 Restricted use pesticides

ARSD 12:56:11:01 Pesticide usage restrictions

Pesticide labels that contain a usage restriction which are registered by the department, pursuant to SDCL 38-20A, are "restricted use" pesticides.

History

Source: 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-39.

ARSD 12:56:11:02 State restricted use pesticide products

12 : 56 : 11 : 02 . State restricted use pesticide products. Pesticides products defined by the following active ingredients are designated and classified as restricted use pesticides in the State of South Dakota:

(1) Pesticide products containing the active ingredient Dicamba bearing a label indicating the herbicide:

(a) Contains only Dicamba active ingredient and intended for agricultural production uses but:

(i) Does not also contain 2,4-D as an active ingredient; or

(ii) Is not labeled solely for use on turf or other nonagricultural use sites.

History

Source: 44 SDR 151, effective April 30, 2018.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-39.

Chapter 12:56:12 Private applicator certification

ARSD 12:56:12:01 Standards for general private applicator certification

Standards for private general applicator certification. Before a private applicator may use a pesticide, the applicator must be certified by an appropriate certifying authority as having the competency to use pesticides in the production of agricultural commodities. The required competency includes the ability to read and understand pesticide labeling.

Certification in this general private applicator certification category alone is not sufficient to authorize the purchase or use of pesticide products in the categories listed in §§ 12:56:12:01.02, 12:56:12:01.03, and 12:56:12:01.04.

Persons seeking certification as private applicators shall demonstrate practical knowledge of the principles and practices of pest control associated with the production of agricultural commodities and the effective use of pesticides. The demonstration of knowledge must include:

(1) Familiarity with:

(a) The general format and terminology of pesticide labels and labeling;

(b) Information commonly appearing on pesticide labels and labeling, including instructions, warnings, terms, and symbols;

(d) Knowing when a certified applicator must be physically present at the site of the application based on labeling requirements;

(e) Use directions and restrictions on pesticide labels and labeling, including required certifications;

(f) Product classifications as general or restricted use, or as unclassified;

(g) Label notification requirements; and

(h) The difference between mandatory and advisory labeling language;

(2) Familiarity with labels and labeling information that addresses the common name of the pesticide, the pests to be controlled, the timing and methods of application, safety precautions, preharvest restrictions, reentry restrictions, disposal procedures, and ways to avoid or minimize adverse health effects, including:

(a) Understanding the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides on humans;

(b) Understanding a pesticide's risk of toxicity through human exposure;

(d) Common types and causes of pesticide mishaps;

(e) Precautions to prevent injury to applicators and others in or near treated areas;

(f) The need for, and proper use of, protective clothing and personal protective equipment;

(g) Recognizing the symptoms of pesticide poisoning;

(h) The administration of first aid and procedures to be followed in case of a pesticide mishap; and

(i) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers;

(3) The potential environmental consequences of using or misusing pesticides, including:

(a) The influence of weather and other climatic conditions;

(b) Types of terrain, soil, or other substrate;

(d) Drainage patterns;

(4) The identification and effective control of pests, including:

(a) The importance of correctly identifying target pests and selecting the proper pesticide products; and

(b) Verifying that the labeling does not prohibit the use of the product to control the target pests;

(5) Characteristics of pesticides, including:

(a) Type;

(b) Types of formulations;

(d) Hazards and residues associated with pesticide use;

(e) Factors that can influence the effectiveness of pesticides or can lead to pesticide resistance; and

(f) Dilution procedures;

(6) Application equipment, including:

(a) Types of equipment and advantages and limitations of each type; and

(b) Uses, maintenance, and calibration procedures;

(7) Application methods, including:

(a) Methods used for various forms and formulations of pesticides;

(b) Methods used in various situations;

(c) Additional certification requirements for use of a fumigant, for an aerial application, or for use of a predator control device containing sodium cyanide or sodium fluoroacetate;

(d) How the improper selection of a method and use may result in an unnecessary or ineffective application; and

(e) Drift prevention and pesticide loss into the environment; and

(8) State, tribal, and federal laws and regulations, including the Worker Protection Standard, as found in 40 C.F.R. Part 170.

History

Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 47 SDR 59, effective December 2, 2020; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18, 38-21-23.

ARSD 12:56:12:01.01 Repealed

12:56:12 :01.01. Standards for private applicator certification for use of livestock protection collar. Repealed.

History

Source: 17 SDR 116, effective February 14, 1991; repealed, SL 2015, ch 204, § 47, effective July 1, 2015.

ARSD 12:56:12:01.02 Sodium Cyanide predator pest control

Applicators who are seeking certification in sodium cyanide predator pest control applies to private applicators who use sodium cyanide in a mechanical ejection device to control regulated predators. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18, 38-21-23.

ARSD 12:56:12:01.03 Aerial pesticide control

Applicators who are seeking certification in aerial pesticide control applies to private applicators who apply pesticides by fixed or rotary wing aircraft or unmanned aerial vehicles. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18, 38-21-23.

ARSD 12:56:12:01.04 Non-soil fumigation

Applicators who are seeking certification to use fumigants applies to private applicators who fumigate anything other than soil, including commodity storage and vertebrate burrows. Licensed applicators in this classification must be certified and licensed to use any pesticide.

History

Source: 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

ARSD 12:56:12:02 Private applicator certification

Private applicators shall be certified by completing a training course approved by the department or a written examination with a score of at least 70 percent.

History

Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 47 SDR 59, effective December 2, 2020.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18, 38-21-52.

ARSD 12:56:12:03 Repealed

Private applicator certification emergency exemption.** Repealed.

History

Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 38 SDR 40, effective September 20, 2011.

Chapter 12:56:13 Bulk pesticide storage

ARSD 12:56:13:01 Permanent bulk pesticide storage containers

Individual permanent bulk pesticide storage containers capable of holding more than 300 gallons must be located within a bulk pesticide storage facility.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 183, effective June 7, 1987.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:13:01.01 Pesticide tank anchoring

Each stationary bulk liquid pesticide container installed after the effective date of this section with the capacity of 300 gallons or more must either be anchored or elevated to prevent flotation if the secondary containment unit fills with a liquid. Anchoring may consist of securing the tanks with bolts or cables that are strong enough to prevent tanks from floating or elevating and securing the tanks so the bottom of the tank is above the containment wall, or a combination of these approaches.

History

Source: 38 SDR 40, effective September 20, 2011.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:13:02 Bulk pesticide storage facility construction

A person shall not construct a bulk pesticide storage facility, for the storage of permanent bulk pesticide storage containers, without a means of secondary containment.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:13:03 Secondary containment

Secondary containment constructed after December 8, 1985, must be constructed according to professional engineering practices, which include the following:

(1) The walls and base must be constructed by means of either:

(a) A synthetic liner at least 30 mils thick beneath 12 inches of compacted clay soil to withstand loading conditions and the discharge of maximum tank capacity considering the full hydrostatic head of the discharged liquid;

(b) Concrete, excluding blocks and bricks, of sufficient thickness and strength to withstand loading conditions and the discharge of maximum tank capacity considering the full hydrostatic head of the discharged liquid;

(c) Steel of sufficient thickness and strength to withstand loading conditions and the discharge of maximum tank capacity considering the full hydrostatic head of discharged liquid; or

(d) Cross-linked polyolefin, defined as crosslinkable high density polyethylene, type 3, Class B, Category 5 resin with minimum 0.5 percent carbon black as defined in American Society for Testing and Materials (ASTM) standard D 1248-84, constructed with a minimum thickness of 3/8 inch, ultraviolet stabilized for outdoor use to give excellent outdoor weatherability, and with a low temperature impact strength of a minimum of 90 foot pounds of impact at –40 degrees Fahrenheit according to the Association of Rotational Molders (ARM) impact test. The cross-linked polyolefin must be constructed of sufficient thickness and strength to withstand loading conditions and the discharge of maximum tank capacity considering the full hydrostatic head of discharged liquid;

(2) All seams and cracks must be sealed;

(3) The capacity of the containment area must be capable of holding 110 percent of the volume of the largest container plus the volume of the butts of all the other tanks inside it; and

(4) Each cross-linked polyolefin containment structure must be permanently marked with an embossment or with a metal certification plate permanently affixed to it. The marking must be in letter and number at least 1/4 inch high located on the side of the containment structure. The marking shall certify that the containment structure complies with all requirements of this section and contain the words "meets specification of ARSD 12:56:13:03" and the date of manufacture including month and year.

References: ASTM Standard D 1248-84, "Standard Specification for Polyethylene Plastics Molding and Extrusion Materials," American Society for Testing and Materials, January 1985. Copies may be obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19193; $6.

Association of Rotational Molders Low Temperature Impact Test - T14, revised through January 1986. Copies may be obtained from Association of Rotational Molders, 435 North Michigan Avenue, Chicago, IL 60611; $4.50.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986; 13 SDR 183, effective June 7, 1987.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:13:04 Bulk pesticide storage facility location

A bulk pesticide storage facility shall not be located in an area where spillage, loading, unloading, or secondary containment failure will threaten or cause damage to streams or water supplies. A bulk pesticide storage facility shall not be located in an area subject to flooding.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:13:05 Repealed

12:56:13 :05. Effective date of bulk pesticide storage facility requirements. Repealed.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, SL 2015, ch 204, § 48, effective July 1, 2015.

ARSD 12:56:13:05.01 Bulk pesticide storage facility permit

A bulk pesticide storage facility permit is required prior to the operation of a bulk pesticide storage facility. Each facility must be approved by the secretary of the Department of Agriculture and Natural Resources prior to issuance of a permit. A permit shall remain valid until voluntarily withdrawn by the applicant or otherwise modified, suspended, or revoked by the secretary of the Department of Agriculture and Natural Resources.

History

Source: 13 SDR 37, effective October 8, 1986; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.1.

ARSD 12:56:13:05.02 Bulk pesticide storage facility inspection

A bulk pesticide storage facility inspection must be conducted on any new, existing, or altered bulk pesticide storage facility to determine compliance with § 12:56:13:06 prior to issuance of a bulk pesticide storage facility permit. Biennial or more frequent inspections will be conducted of a permitted facility to assure that it is operating in compliance with §§ 12:56:13:01 to 12:56:15:03, inclusive.

History

Source: 13 SDR 37, effective October 8, 1986.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.1.

ARSD 12:56:13:05.03 Alteration of existing permitted bulk pesticide storage facility

An operator of an existing permitted bulk pesticide storage facility must notify the secretary of the Department of Agriculture and Natural Resources, in writing, prior to making any alterations to the existing facility.

History

Source: 13 SDR 37, effective October 8, 1986; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.1.

ARSD 12:56:13:05.04 Notice of a bulk pesticide storage facility inspection

Separate notice shall be given for each bulk pesticide storage facility inspection. A report of the inspection shall be provided to the person in charge of the facility upon completion of the inspection.

History

Source: 13 SDR 37, effective October 8, 1986.
General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

ARSD 12:56:13:05.05 Repealed

12:56:13 :05.05. Bulk pesticide storage facilities constructed prior to December 8, 1985. Repealed.

History

Source: 13 SDR 37, effective October 8, 1986; repealed, SL 2015, ch. 204, § 49, effective July 1, 2015.

ARSD 12:56:13:06 Required plans and specifications for bulk pesticide storage facilities

Plans and specifications for all bulk pesticide storage facilities must be submitted to the secretary for review and approval prior to construction. Installation and operation shall be in accordance with approved plans and specifications.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15, 38-21-15.1.

ARSD 12:56:13:07 Contents of bulk pesticide storage facility permit application

A bulk pesticide storage facility permit application shall include the following:

(1) Name, address, and telephone number of the following:

(a) Firm making application;

(b) Firm who will operate facility; and

(2) Type of facility (new, existing, or altered);

(3) Location of facility (county, city, and township);

(4) Legal description of facility location;

(5) Size of lot owned or leased;

(6) Nature of terrain (level area, steep slope, etc.);

(7) Type of storage containers (steel, poly, etc);

(8) Number of containers, diameter, height, and capacity of each storage container;

(9) Copies of required local permits;

(10) Soil and groundwater conditions (general soil type at the site, such as clay, gravel, sand, loam, etc., and type, depth, and proximity of wells on or near the site);

(11) Surface water (approximate distance to and identity of nearby lake, stream, drainage ditch, or storm drain into which liquid could flow);

(12) Two scale drawings of plans and specifications for the facility, including other storage containers and buildings;

(13) Two copies of plumbing diagram for the facility showing location and type of pumps and valves used to control all transferring;

(14) Signature, date of signature, and title of the person certifying information on the application; and

(15) Date of approval by the secretary.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15, 38-21-15.1.

ARSD 12:56:13:08 Repealed

Permanent and nonpermanent bulk pesticide storage containers.** Repealed.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986; 13 SDR 183, repealed June 7, 1987.

ARSD 12:56:13:09 Underground storage

Underground bulk pesticide storage is prohibited, but a sealed catch basin used for the temporary collection of runoff or rinsate from transfer and loading areas is allowed.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:13:10 Spills

The operator or manager of a bulk pesticide storage facility shall notify the department or the division of emergency and disaster services within 3 hours after a spill of more than 25 gallons of liquid or 500 pounds of dry pesticides outside the secondary containment area.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

Chapter 12:56:14 Bulk distribution of pesticides

ARSD 12:56:14:01 Bulk delivery system

Scales or meters used for repackaging sales from permanent and nonpermanent bulk pesticide storage containers must be certified by the department of commerce and regulation to meet the specifications, tolerances, and other technical requirements for weighing and measuring devices as specified in § 20:01:02:01.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:14:01.01 Bulk dispensing system

All bulk pesticide dispensing requires separate distribution systems, such as hosing and piping, for each bulk pesticide. Such distribution systems shall be constructed of materials and in a manner compatible with the physical and chemical properties of the pesticide being stored.

History

Source: 13 SDR 37, effective October 8, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:14:02 Labeling

A registered product label shall be affixed prominently to all bulk pesticide storage containers in the proximity of the outlet. All bulk pesticides used for custom mixing, tank mixing, or repackaging must be registered and labeled in accordance with the Act and SDCL 38-20A.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:14:03 Repealed

Distribution of bulk pesticide.** Repealed.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 183, repealed June 7, 1987.

ARSD 12:56:14:04 Notification for delivery of bulk pesticide

A person may not deliver pesticides for bulk repackaging without notifying the department prior to the initial bulk shipment to any establishment. The notification shall be made annually by the manufacturer or registrant on forms provided by the secretary, and shall include the following:

(1) The name and address of each establishment receiving such a delivery;

(2) A certificate of authorization from the registrant to repackage the pesticides including permission to utilize registered product labels on bulk containers; and

(3) The EPA registration number of each pesticide to be repackaged.

Information obtained by the department pursuant to this section shall not be disclosed without written permission of the manufacturer or registrant.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:14:05 Bulk repackaging

Bulk repackaging for distribution must meet the following requirements:

(1) The establishment receiving the transfer or delivery of the bulk pesticide must be in compliance with Section 7 of the Act (registration of pesticide-producing establishments);

(2) A representative of the receiving establishment must be present both when the product is received and when it is repackaged for sale;

(3) There is no change in the following:

(a) Pesticide formulation;

(b) Product labeling, except for the addition of the assigned EPA establishment number of the repackaging site and the net contents statement; and

(c) Identity of the manufacturer or registrant accountable for the integrity of the product, as evidenced by the assigned EPA product registration number;

(4) A written letter of authorization for bulk repackaging from the registrant must be on file at each repackaging establishment; and

(5) Containers and accessory equipment used for the storage and handling of bulk pesticides must be of materials and construction compatible with the pesticide stored and the conditions of storage as specified by label instructions;

(6) Each individual establishment that repackages a pesticide product into a refillable container for distribution or sale must maintain all applicable records. The establishment must furnish these records for inspection and copying upon request by an employee of the Environmental Protection Agency (EPA) or any entity designated by EPA, such as a state, another political subdivision, or a tribe. For each pesticide product distributed or sold in refillable containers, both of the following records must be maintained for the current operating year and for three years after that:

(a) The written refilling residue removal procedure for the pesticide product;

(b) The written description of acceptable containers for the pesticide product;

(7) Each time a refiller at an establishment repackages a pesticide product into a refillable container and distributes or sells the product, the following records must be generated and maintained for at least three years after the date of repackaging:

(a) The EPA registration number of the pesticide product distributed or sold in the refillable container;

(b) The date of the repackaging;

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 183, effective June 7, 1987; 38 SDR 40, effective September 20, 2011.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

Chapter 12:56:15 Handling and loading

ARSD 12:56:15:01 Handling and loading

Bulk pesticides shall be handled and loaded in a manner that will prevent spillage or discharge of pesticides.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:15:02 Cleansing of bulk pesticide storage containers

Bulk storage containers which contain bulk pesticide must be thoroughly cleaned according to the manufacturer's specifications before refilling, unless a sealed or dedicated reusable bulk container is refilled with a pesticide product bearing the same label.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

ARSD 12:56:15:03 Handling and loading spills

Minor spills of pesticide or rinsate which have occurred from the handling, loading, or cleansing of bulk containers and which accumulate in the secondary containment area shall be disposed of as provided by the pesticide label. If the spillage is contaminated or unfit for reuse or disposal according to label directions, the operator shall comply with the disposal procedures in chapter 12:56:02.

History

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

Chapter 12:56:16 Private applicator records for livestock protection collars

ARSD 12:56:16:01 Repealed

12:56:16 :01. Livestock protection collar records required. Repealed.

History

Source: 17 SDR 116, effective February 14, 1991; repealed, SL 2015, ch 204, § 50, effective July 1, 2015.

ARSD 12:56:16:02 Repealed

Availability of records to the department.** Repealed.

History

Source: 17 SDR 116, effective February 14, 1991; repealed, SL 2015, ch 204, § 51, effective July 1, 2015.

ARSD 12:56:16:03 Repealed

12:56:16 :03. Records to be kept for three years. Repealed.

History

Source: 17 SDR 116, effective February 14, 1991; repealed, SL 2015, ch 204, § 52, effective July 1, 2015.

Chapter 12:56:17 Operational area containment

ARSD 12:56:17:01 Operational area containment required

After February 1, 1995, operational area containment is required of any person when the person's operational area meets any one or more of the following conditions:

(1) The operational area is the applicator's principal operational area and

(a) More than a total of 1,500 pounds of pesticide active ingredients are transferred, loaded, unloaded, mixed, repackaged, or refilled during a calendar year; or

(b) Either concentrate or diluted pesticides are cleaned, washed, or rinsed from containers or from application, handling, storage, or transportation equipment for over 30 days accumulated during a calendar year;

(2) The operational area is within

(a) 150 feet of a lake, stream, streambed, or wetland;

(b) 150 feet of a well;

(c) 200 feet of populated buildings, either commercial or residential premises, excluding the owner or operator's own residential or commercial buildings; or

(d) 500 feet of a well used as a public water supply.

Two or more operational areas under common ownership and control within one-half mile of each other are calculated collectively to determine if the thresholds listed in subdivision (1)(a) or (1)(b) of this section have been reached.

Subdivisions (2)(c) and (2)(d) of this section do not apply to mixing and loading operations conducted by pesticide applicators utilizing containers and equipment with holding capacities of 10 U.S. gallons or less or 50 pounds net dry weight or less.

Except for pressure wood preserving operational areas, subdivisions (1)(a) and (1)(b) of this section do not apply to those operational areas located within or immediately adjacent to each pesticide application site.

History

Source: 18 SDR 49, effective September 15, 1991; 20 SDR 91, effective December 19, 1993.
General Authority: SDCL 38-21-15, 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15, 38-21-15.1.

ARSD 12:56:17:02 Operational area containment requirements

O** perational area containment requirements. After February 1, 1995, the following requirements for containment apply to those operational areas where operational area containment is required pursuant to § 12:56:17:01:

(1) Operational area activities must be carried out in a manner that prevents escape of discharges that may result in unreasonable adverse effects on the environment;

(2) Operational area activities must be carried out on an impervious surface that is designed to catch and contain any discharges in the operational area;

(3) The operational area containment must be constructed in accordance with professional engineering practices which include the following:

(a) The material used must be of sufficient thickness and strength to withstand the weight and movement of any equipment that may be placed or parked within the operational area containment;

(b) All seams and cracks must be sealed;

(c) The operational area containment must be constructed of concrete or other materials approved by the secretary prior to construction or installation. If materials other than concrete are used, information must be provided by the applicant to the secretary which includes chemical compatibility, permeability, and physical characteristics of materials proposed to assure operational area containment integrity under conditions of proposed use. A written confirmation of compatibility of synthetic materials must be kept at the operational area or at the nearest local office of the operator;

(d) For liquid pesticides, including container and equipment rinsates, the operational area containment must be curbed or sloped to contain discharges so as to facilitate recovery of discharged materials and to prevent liquids from adjacent surfaces from flowing onto the operational area containment. To prevent unreasonable adverse effects on the environment as defined in SDCL chapter 38-21, the operational area containment must be of sufficient capacity and surface area to contain discharges from the single largest container or application system operated or cleaned within the operational area and to prevent spillage onto unprotected areas;

(e) For nonliquid pesticides, the operational area containment must extend beneath any conveyors or augers used in operational area activities unless the conveyors or augers are fully enclosed and constructed to prevent discharge. To prevent unreasonable adverse effects on the environment as defined in SDCL chapter 38-21, the operational area containment must be of adequate surface area to contain discharges from the largest container or equipment operated within the operational area containment. The operational area containment must be constructed to prevent liquids from adjacent surfaces from flowing onto the operational area containment;

(4) Discharges and other accumulated materials must be promptly recovered from the operational area containment. Accumulated liquids or materials containing pesticides must be disposed of in accordance with chapter 12:56:02. Accumulations of precipitation may be discharged from the operational area containment as surface runoff if the operational area containment was cleaned after the last use.

History

Source: 18 SDR 49, effective September 15, 1991; 20 SDR 91, effective December 19, 1993; 38 SDR 40, effective September 20, 2011.
General Authority: SDCL 38-21-15, 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15, 38-21-15.1.

ARSD 12:56:17:03 Pesticide handling and discharge response procedures and plans

All applicators who conduct operational area activities must utilize procedures to minimize and mitigate the adverse effects of discharges on the environment. By February 1, 1995, all private and commercial applicators must conduct operational area activities utilizing a written pesticide handling and discharge response plan. The plan must be kept current at all times and available for use. A copy of the plan must be available for inspection by the department at either the operational area or the applicator's nearest local office or the location from which the operational area is administered. The written plan must contain the following information:

(1) Methods and procedures to be used for the transfer, loading, unloading, mixing, repackaging, and refilling of pesticide containers and pesticide application equipment;

(2) Methods and procedures to be used for the periodic inspection of appurtenances used to transfer or hold pesticides and for the repair of any equipment found to be defective;

(3) Methods and procedures to be used for the rinsing, washing, and cleaning of pesticide containers and application, storage, or transportation equipment;

(4) Methods and procedures to be used in the transfer, handling, storage, and disposal of materials recovered from within operational area containment, if required;

(5) Methods, procedures, materials, and equipment to be used to contain, recover, store, transport, and dispose of discharges outside of operational area containment systems; and

(6) The identity and telephone numbers of responsible persons and agencies who are to be contacted if a discharge occurs.

Pesticide handling and discharge response plans written to comply with another law, rule, or ordinance may be used to comply with all or part of the requirements in this section.

History

Source: 18 SDR 49, effective September 15, 1991; 20 SDR 91, effective December 19, 1993.
General Authority: SDCL 38-21-15, 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15, 38-21-15.1.

ARSD 12:56:17:04 Training to be provided to employees

Effective February 1, 1995, all private and commercial applicators who own or operate an operational area must conduct pesticide handling and discharge response plan training for all new and existing employees involved in the use and handling of pesticides. Training must be conducted at least annually. Employees involved in pesticide use and handling must receive training no later than three days after beginning pesticide use and handling duties. The owner or operator and employees are responsible for following the firm's pesticide handling and discharge response plan to minimize contamination of the environment.

History

Source: 18 SDR 49, effective September 15, 1991; 20 SDR 91, effective December 19, 1993.
General Authority: SDCL 38-21-15, 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15, 38-21-15.1.

ARSD 12:56:17:05 Recovery, storage, and use of discharges

All discharges within and outside of operational area containment shall be immediately recovered using absorbent materials, pumps, or similar means. Operational area containment surfaces exposed to concentrated and diluted pesticides shall be periodically cleaned and all rinsates shall be recovered and stored in accordance with SDCL chapter 38-21 and article 12:56. Recovered discharges shall not be stored below ground. Containers larger than 300 U.S. gallons that contain recovered discharges or rinsates not regulated by chapter 12:56:13 for more than 14 consecutive days must be located within secondary containment constructed and maintained in accordance with the construction and capacity requirements of chapter 12:56:13. Recovered discharges may be used in accordance with the applicable pesticide product labels.

Upon recovery of discharges outside of operational area containment that are in excess of the quantities listed in § 12:56:17:06, samples shall be taken and analyzed for applicable pesticide residues by the person responsible for the discharge. Samples taken must be from the area where the discharge occurred and from where recovery was completed. These samples must be taken at a sufficient depth and from a sufficient surface area to show that the recovery was complete.

The owner or operator of the operational area shall provide written documentation to the department describing the cause of the discharge, recovery and sampling procedures, analysis reports, and disposition of the recovered materials within 30 days following the date the discharge occurred.

History

Source: 18 SDR 49, effective September 15, 1991.
General Authority: SDCL 38-21-15, 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15, 38-21-15.1.

ARSD 12:56:17:06 Reporting of pesticide spills

Pesticide discharges in excess of 25 pounds active ingredients that occur at operational areas outside of operational area containment must be reported to the department.

History

Source: 18 SDR 49, effective September 15, 1991.
General Authority: SDCL 38-21-15, 38-21-16, 38-21-51.
Law Implemented: SDCL 38-21-16.

ARSD 12:56:17:07 Pesticide operational area registration

Effective February 1, 1995, each pesticide operational area using operational area containment as required by § 12:56:17:01 must be registered with the department. The secretary may deny registration or require additional conditions for the registration of any operational area if the registrant's application does not meet the requirements of each provision of this chapter.

If departmental investigation determines the facility is not constructed or operating in accordance with the submitted plans and specifications or the requirements of this chapter, the owner must correct any deficiencies as set forth by the department. The secretary may modify, suspend, or revoke the registration of any operational area that has not complied with this chapter.

History

Source: 18 SDR 49, effective September 15, 1991; 20 SDR 91, effective December 19, 1993.
General Authority: SDCL 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15.1.

ARSD 12:56:17:08 Prior approval required of plans and specifications for pesticide operational areas -- Dual approval if fertilizer containment requirements met

Plans and specifications for pesticide operational areas required to be registered pursuant to this chapter must be submitted to the secretary for review and approval at least 60 days before construction begins. Installation and operation must be in accordance with approved plans and specifications.

Any person may submit pesticide operational area containment plans and specifications prior to February 1, 1995, and the department shall review such plans for compliance with this chapter. If the pesticide operational area containment plans are technically sound and comply with the rules pertaining to fertilizer in article 12:44 and the rules contained in this chapter, the department shall provide approval for construction or registration under both the pesticide and fertilizer containment requirements.

History

Source: 18 SDR 49, effective September 15, 1991; 20 SDR 91, effective December 19, 1993.
General Authority: SDCL 38-21-15, 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15.1, 38-21-15.3.

ARSD 12:56:17:09 Contents of pesticide operational area containment registration application

An application for a pesticide operational area containment registration shall include the following:

(1) The name, address, and telephone number of the following:

(a) The person applying for registration;

(b) The person who will operate the area; and

(2) The type of operational area containment, new or existing and stationary or portable;

(3) The county, city, and township where the operational area is located;

(4) The legal description of the operational area, including range, township, section, quarter, quarter, quarter, and quarter;

(5) The size of the lot owned or leased;

(6) The nature of the terrain, such as level area, steep slope;

(7) The type of containers, such as steel, poly, or wood, and the size of containers to be transferred at the operational area;

(8) The type of back siphon prevention equipment to be used;

(9) Copies of required local permits;

(10) The general soil type at the operational area, such as clay, gravel, sand, or loam, and the type, depth, proximity, and legal description of wells and aquifers within 1,000 feet of the operational area;

(11) The approximate distance to and identity of any surface water, such as lake, stream, drainage ditch, or storm drain, within one-half mile into which liquid could flow;

(12) Two scale drawings of plans and specifications for the operational area containment;

(13) Two copies of the plumbing diagram for the facility showing the location and type of appurtenances used to control all operational area operations;

(14) If synthetic materials are used, a copy of the manufacturer's letter describing the material's compatibility with pesticides;

(15) The signature, the date of signature, and the title of the person certifying information on the application; and

(16) The date of review by the secretary or the secretary's agent.

History

Source: 18 SDR 49, effective September 15, 1991.
General Authority: SDCL 38-21-15, 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15.1, 38-21-15.3.

ARSD 12:56:17:10 Connections to potable water supply

All pesticide operational areas shall implement procedures to prevent backflow incidents from contaminating potable water supplies. Potable water supply lines may not be connected to process water lines, chemical lines, or equipment unless backflow prevention is installed. Backflow prevention shall consist of one of the following:

(1) A reduced-pressure principle device which meets the American Water Works Association Standard C511-89 (September 1, 1990) for backflow prevention devices; or

(2) Air gap separation. Air gap is a physical separation between the free flowing discharge end of a water pipeline and an open or nonpressurized receiving vessel. To have an acceptable air gap, the end of the discharge pipe must be located a distance of at least twice the diameter of the pipe above the topmost rim of the receiving vessel.

Reference: AWWA Standard for "Reduced-Pressure Principle Backflow-Prevention Assembly," American Water Works Association, effective September 1, 1990. Copies may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235; $12 per copy plus $2.95 shipping and handling.

History

Source: 18 SDR 49, effective September 15, 1991.
General Authority: SDCL 38-21-15, 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15.

Chapter 12:56:18 Pesticide recycling and disposal

ARSD 12:56:18:01 Repealed

Pesticide recycling and disposal fee.** Repealed.

History

Source: 19 SDR 61, effective October 26, 1992; repealed, 22 SDR 166, effective June 6, 1996.

ARSD 12:56:18:02 Containers acceptable for recycling

Pesticide containers acceptable for recycling must:

(1) Be triple-rinsed or equivalent;

(2) Consist of high density polyethylene plastic;

(3) Contain no visible pesticide residue inside or outside of the container;

(4) Contain no more than 0.5 fluid ounces of clear water;

(5) Be delivered without a lid and with paper labels removed from the container; and

(6) Have a capacity that does not exceed fifty-five gallons.

The secretary may authorize the recycling of intermediate bulk container totes if program funding is available.

History

Source: 19 SDR 114, effective February 11, 1993; 19 SDR 198, effective July 1, 1993; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-20A-36, 38-20A-54.
Law Implemented: SDCL 38-20A-54.

ARSD 12:56:18:03 Pesticides acceptable for collection

Only waste pesticides are eligible for collection. Pesticides are prioritized based on the toxicity of the pesticide, the condition of the container, and the potential for the pesticide to harm human health or the environment. Pesticides that exhibit the greatest risks must receive priority for collection, within the constraints of program funding. Regardless of priority, the secretary may refuse to collect and dispose of any pesticide based on:

(1) Physical or financial constraints;

(2) Misrepresentation of waste pesticide;

(3) Newly discovered facts regarding the toxicity, condition, or potential effect of the pesticide on the environment; or

(4) Differences between the original pesticide as sold or produced and the present condition of the pesticide.

Waste pesticides considered eligible but not collected because of inadequate program funding must be put on a list for consideration by the secretary in the next annual cycle of collections.

History

Source: 19 SDR 114, effective February 11, 1993; 19 SDR 198, effective July 1, 1993; 49 SDR 124, effective July 3, 2023.
General Authority: SDCL 38-20A-36, 38-20A-54.
Law Implemented: SDCL 38-20A-54.

ARSD 12:56:18:04 Criteria for container collection and recycling activities

Pesticide collection and container recycling activities must be conducted in accordance with the following minimum criteria:

(1) The site for collection must be selected based on the following criteria:

(a) Security;

(b) Distance to water sources, residences, and institutions;

(d) Potential number of containers and amount of pesticides to be collected in a given area;

(e) Availability of volunteers to assist with collection; and

(f) Accessibility of the site to the public;

(2) The collection site where containers and pesticides are inspected and processed must be protected by an impervious containment area;

(3) Individual volunteers participating and assisting in collection must be at least 18 years of age and receive training in safety, proper inspection and handling of containers and pesticides, and any other applicable aspects of collection;

(4) The secretary or a designee shall oversee the collection of pesticide containers and waste pesticides at each collection site. Individual volunteers shall follow the direction and supervision of the secretary or a designee;

(5) Participants bringing containers or pesticides to a collection event may be required to complete a survey.

History

Source: 19 SDR 114, effective February 11, 1993.
General Authority: SDCL 38-20A-36, 38-20A-54.
Law Implemented: SDCL 38-20A-54, 38-20A-55.