Section
12:56:01:01 Definitions

12:56:01:01. Definitions. Terms defined in SDCL 38-21-14 have the same meaning in this article. In addition, terms in this article mean:

(1) "Accident," an undesirable unexpected event caused by the use of a pesticide that adversely affects man or the environment;

(2) "Act," 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, 86 Stat 973;

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

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

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

(6) "Bulk pesticide storage facility," an 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," the transfer of bulk pesticide from one container to another in an unaltered state in preparation for sale;

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

(9) "Certification," the process by which the South Dakota department of agriculture determines whether or not a person is a competent pesticide applicator;

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

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

(12) "Competent," 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," alteration of pesticides by physical or chemical processes to inorganic forms, incapable of altering the environment;

(14) "Container," 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," the South Dakota department of agriculture;

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

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

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

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

(20) "Encapsulate," to seal a pesticide, and its container if appropriate, in an impervious container made of plastic, glass, or other material which will not be chemically degraded by the contents and then seal the container within a durable container made from steel, plastic, concrete, or other suitable material of sufficient thickness and strength to resist physical damage during and subsequent to burial;

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

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

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

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

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

(26) "Lake," 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;

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

(28) "Metallo-organic pesticide," a class of carbon hydrogen pesticides containing one or more metal or metalloid atoms in the structure;

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

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

(31) "Open dumping," the placing of pesticides or pesticide containers in a land site in a manner other than prescribed by the South Dakota department of environment and natural resources in chapter 74:27:03, and which does not prevent adverse effects on the environment, and which exposes pesticides and pesticide containers to the elements, vectors, and scavengers;

(32) "Operational area," 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;

(33) "Operational area containment," 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;

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

(35) "Permanent bulk pesticide storage containers," containers which are not positioned on or a part of movable equipment, such as trucks and trailers, but rest on solid ground or skid platforms;

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

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

(38) "Residential premises," 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;

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

(40) "Sanitary landfill," a disposal facility approved or permitted by the state under chapter 74:27:04, employing an engineered method of disposing of solid wastes on land in a manner which 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;

(41) "Scrubbing," washing of impurities from any process gas stream;

(42) "Soil injection," the placement of pesticides by ordinary tillage practices within the plow layer of a soil;

(43) "Specially designated landfill," a landfill designated by the South Dakota department of environment and natural resources where pesticides, pesticide containers and pesticide-related waste can be disposed of. This landfill must protect the public, the environment, and surface and subsurface waters from exposure to pesticide contaminants.

(44) "Statute," SDCL 38-21-14 to 38-21-55 inclusive;

(45) "Stream," a river, creek, or tributary;

(46) "Transitory," a mobile nonpermanent outlet, such as a truck;

(47) "Triple rinse," flushing of containers three times, each time using a volume of the normal diluent equal to approximately 20 percent of the containers' 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;

(48) "Under the direct supervision of," application of a pesticide by a competent person acting under the instruction and control of a licensed applicator or a licensed operator, even though the licensed applicator or licensed operator is not physically present at the time and place the pesticide is applied;

(49) "Unreclaimable residues," residual materials of little or no value remaining after incineration;

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

(51) "Well," 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 or usable or has been abandoned;

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

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

General Authority: SDCL 38-21-15, 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15, 38-21-15.1, 38-21-51.

Section
12:56:02:01 Permissible disposal procedures.
12:56:02:02 Prohibited storage and disposal procedures.
12:56:02:03 Procedures for disposal of pesticides -- Exceptions.
12:56:02:04 Procedures for the disposal of organic mercury, lead, cadmium, arsenic,beryllium, selenium, and all inorganic pesticides.
12:56:02:04.01 Disposal of pesticides identified as hazardous wastes.
12:56:02:05 Disposal of pesticide containers and residues.
12:56:02:06 Procedures for disposal of pesticide residue.
12:56:02:07 Exemption for disposal of single containers.
12:56:02:08 Repealed.

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 labeling, recovery of resources, reprocessing into other materials, or exportation of the pesticide to a country where its use may be legal;

(3) Following the procedure set forth in ° 12:56:02:03.

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 38-21-15.

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. However, the open burning by the user of small quantities of combustible containers which do not exceed more than one day's accumulation or more than 50 pounds of combustible containers and which formerly contained organic or metallo-organic pesticides, except organic mercury, lead, cadmium, beryllium, selenium, or arsenic compounds, is acceptable;

(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.

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: 1 SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.

12:56:02:03. Procedures for disposal of Pesticides -- exceptions. The procedures in this section shall be followed in the disposal of organic and metallo-organic pesticides, except organic mercury, lead, cadmium, beryllium, selenium, or arsenic compounds.

Metallo-organic pesticides may not be incinerated until after the heavy metals are recovered from the hydrocarbon chain and then shall be incinerated in a pesticide incinerator. Organic pesticides not containing metals shall be incinerated in a pesticide incinerator.

In lieu of incineration, the pesticides may be disposed of by burial in a specially designated landfill. If specially designated landfill facilities are not available, the soil injection method may be used, under direct supervision of an agent of the secretary. If soil injection methods of disposal are not available, chemical methods and procedures may be used to degrade pesticides to forms which are not hazardous to the environment. These procedures shall be performed under the direct supervision of an agent of the secretary.

If adequate disposal methods listed in this section are not available, pesticides shall be stored as prescribed in 12:56:02:08 until disposal facilities and methods become available.

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 8, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.

12:56:02:04. Procedures for the disposal of organic mercury, lead, cadmium, arsenic, beryllium, selenium, and all inorganic pesticides. Organic mercury, lead, cadmium, beryllium, selenium, arsenic, and all inorganic pesticides shall be disposed of in the manner set forth in this section.

These pesticides may be chemically deactivated by converting them to nonhazardous compounds and the heavy metal resources recovered. However, if chemical deactivation facilities are not available, these pesticides shall be encapsulated and buried in a specially designated landfill. Records sufficient to permit location for retrieval shall be maintained at the landfill site in a manner approved by the South Dakota department of water and natural resources.

If neither of the above options is available, these pesticides shall be placed in containers and stored temporarily until disposal facilities or procedures are available.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.

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 water and natural resources for the treatment, storage, and disposal of hazardous wastes as specified by 74:28:25:01.

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-15, 38-21-51.
Law Implemented: SDCL 38-21-15.

12:56:02:05. Disposal of pesticide containers and residues. All pesticide containers and their residues shall be disposed of according to the following procedures:

(1) Containers which formerly contained organic mercury, lead, cadmium, beryllium, selenium, or arsenic or inorganic pesticides and which have been triple rinsed and punctured to facilitate drainage shall be disposed of in a sanitary landfill, except that small quantities of combustible containers may be burned as provided by subdivision 12:56:02:02(2) or buried in open fields by the user of the pesticide if the amounts of the containers do not exceed the daily volume limits provided by subdivision 12:56:02:02(2) for open burning;

(2) Unrinsed containers which formerly contained organic mercury, lead, cadmium, beryllium, selenium, or arsenic or inorganic pesticides shall be disposed of in a specially designated landfill or incinerated in a pesticide incinerator, except that small quantities of combustible containers may be burned as provided by subdivision 12:56:02:02(2) or buried in open fields by the user of the pesticide if the amounts of the containers do not exceed the daily volume limits provided by subdivision 12:56:02:02(2) for open burning and where light soil texture or subsurface water is not a factor, taking into consideration environmental considerations;

(3) Containers which formerly contained other organic pesticides shall be disposed of in the manner provided in subdivision (2) of this section;

(4) Containers which formerly contained organic pesticides and metallo-organic pesticides, except organic mercury, lead, cadmium, beryllium, selenium, or arsenic compounds, may be returned to the manufacturer for reconditioning when the manufacturer will accept such containers;

(5) Containers which formerly contained organic pesticides and metallo-organic pesticides, except organic mercury, lead, cadmium, beryllium, selenium, or arsenic compounds and which have been triple rinsed and punctured to facilitate drainage may be crushed and sold for scrap;

(6) Containers which formerly contained pesticides which have been identified as hazardous wastes by 74:28:22:01 shall be treated, stored, and disposed of in accordance with the procedures established by the department of water and natural resources for the treatment, storage, and disposal of hazardous wastes, as specified by 74:28:25:01.

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 5, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-15, 38-21-51.
Law Implemented: SDCL 38-21-15.

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 as set forth in 12:56:02:03 and 12:56:02:04.

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.

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.

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.

12:56:02:08. Storage facilities. Repealed.

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

Section
12:56:03:01 Transportation by commercial carriers.
12:56:03:01.01 Spills during transport.
12:56:03:02 Pesticides to be isolated during transportation.
12:56:03:03 Transportation of bulk pesticides.

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.

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.

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.

Source: 12 SDR 5, 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.

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.

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.

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.

Source: 12 SDR 5, 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.

Section
12:56:04:01 Agricultural plant pest control.
12:56:04:02 Agricultural animal pest control.
12:56:04:03 Forest pest control.
12:56:04:04 Ornamental and turf pest control.
12:56:04:05 Seed treatment.
12:56:04:06 Aquatic pest control.
12:56:04:07 Right-of-way pest control.
12:56:04:08 Industrial, institutional, structural, and health related pest control.
12:56:04:09 Public health pest control.
12:56:04:10 Regulatory pest control.
12:56:04:11 Demonstration and research pest control.
12:56:04:12 Rodent and bird pest control.
12:56:04:12-01 Predator pest control.
12:56:04:12-02 Grain fumigation pest control.
12:56:04:12-03 Wood preservative pest control.
12:56:04:12-04 Livestock protection collar.
12:56:04:13 Applicators' subclassifications.
12:56:04:14 Repealed.

12:56:04:01. Agricultural plant pest control. Commercial applicators using or supervising the use of restricted-use pesticides on lands used in the production of agricultural craps, including but not limited to feed grains, soybeans, forage, vegetables, small fruits, tree fruits, and nuts, as well as on grasslands and non-crop agricultural lands must be certified for agricultural plant pest control. Licensed applicators in this classification shall be certified and licensed to use any pesticide.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:02 Agricultural animal pest control. Commercial applicators using or supervising the use of restricted-use pesticides on animals, including but not limited to beef cattle, dairy cattle, swine, sheep, horses, goats, poultry and other livestock and to places on or in which animals are confined, must be certified for agricultural animal pest control. Licensed applicators in this classification shall be certified and licensed to use any pesticide.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:03. Forest pest control. Commercial applicators using or supervising the use of restricted-use pesticides in forests, forest nurseries, and forest seed-producing areas must be certified for forest pest control. Licensed applicators in this classification shall be certified and licensed to use any pesticide.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:04 Ornamental and turf pest control. Commercial applicators using or supervising the use of restricted-use pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers, and turf must be certified for ornamental and turf pest control. Licensed applicators in this classification shall be certified and licensed to use any pesticide.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:05. Seed treatment. Commercial applicators using or supervising the use of restricted-use pesticides on seeds must be certified for seed treatment. Licensed applicators in this classification shall be certified and licensed to use any pesticide.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:06. Aquatic pest control. Commercial applicators using or supervising the use of any restricted-use pesticide purposely applied to standing or running water, excluding commercial applicators engaged in public health-related activities included in ° 12:56:06:09 must be certified for aquatic pest control. Licensed applicators in this classification shall be certified and licensed to use any pesticide.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:07. Right-of-way pest control. Commercial applicators using or supervising the use of restricted-use pesticides in the maintenance of rights-of-way, including but not limited to public roads, electric power lines, pipelines, and railway rights-of-way must be certified for right-of-way pest control. Licensed applicators in this classification shall be certified and licensed to use any pesticide.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:08. Industrial, Institutional, and health related Pest control. Commercial applicators using or supervising the use of restricted-use pesticides in, on, or around food handling establishments, human dwellings, institutions such as schools and hospitals, industrial establishments including but not limited to warehouses, grain elevators, adjacent structures and 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. Licensed applicators in this classification shall be certified and licensed to use any pesticide.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:09. Public health pest control. Commercial applicators and, state, federal or other governmental employees using or supervising the use of restricted-use pesticides in public health programs for the management or control of pests having medical and public health importance must be certified for public health pest control. Licensed applicators in this classification shall be certified and licensed to use any pesticide.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:10. Regulatory pest control. Commercial applicators and state, federal, or other governmental employees using or supervising the use of restricted-use pesticides in the control of regulated pests under state or federal quarantine with the exception of noxious weeds must be certified for regulatory pest control. Licensed applicators in this classification shall be certified and licensed to use any pesticide.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:11. Demonstration and research pest control. Persons who demonstrate to the public the proper use and methods of application of restricted-use pesticides or supervise such a demonstration must be certified for demonstration pest control. Licensed applicators in this classification shall be certified and licensed to use any pesticide.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:12. Rodent and bird pest control. Commercial applicators using or supervising the use of restricted-use pesticides in the control of rodents or birds must be certified for rodent and bird pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide.

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 5, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:12.01. Predator pest control. Commercial applicators using or supervising the use of restricted-use pesticides in control of predators must be certified for predator pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide.

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:12.02. Grain fumigation pest control. Commercial applicators using or supervising the use of restricted-use pesticides on stored grain or grain in transit to control pests must be certified for grain fumigation pest control. Licensed applicators in this classification must be certified and licensed to use any pesticide.

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:12.03. Wood preservative pest control. Commercial applicators using or supervising the use of restricted-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.

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

12:56:04:12.04. Livestock protection collar. Commercial applicators using the restricted use livestock protection collar for control of coyote predation must be certified for the use of the livestock protection collar.

Source: 17 SDR 116, effective February 14, 1991.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:13. Applicators' subclassifications. All licensed applicators and licensed operators who use or supervise the use of aerially applied pesticides shall be subclassified as follows:

(1) Persons qualifying under ° 70:02:02:02 of the aeronautical division's rules shall be subclassified as a class A permit holder;

(2) Persons qualifying under 70:02:02:03 of the aeronautical division's rules shall be subclassified as a class B permit holder;

(3) All persons not qualifying for the subclasses specified in subdivisions (1) and (2) shall be restricted to ground application.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:04:14. Licensed applicators classified by types of pesticides. Repealed.

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

Section
12:56:05:01 Renewal of applicator certification.
12:56:05:02 Initial certification based on examination.
12:56:05:03 Provisions for reexamination.
12:56:05:04 General standards for certification of commercial applicators.
12:56:05:04.01 Additional standards for certification in agricultural plant pest control.
12:56:05:04.02 Additional standards for certification in agricultural animal pest control.
12:56:05:04.03 Additional standards for certification in forest pest control.
12:56:05:04.04 Additional standards for certification in ornamental and turf pest control.
12:56:05:04.05 Additional standards for certification in seed treatment.
12:56:05:04.06 Additional standards for certification in aquatic pest control.
12:56:05:04.07 Additional standards for certification in right-of-way pest control.
12:56:05:04.08 Additional standards for certification in industrial, institutional, structural, and health related pest control.
12:56:05:04.09 Additional standards for certification in public health pest control.
12:56:05:04.10 Additional standards for certification in regulatory pest control.
12:56:05:04.11 Additional standards for certification in demonstration and research pest control.
12:56:05:04.12 Additional standards for certification in rodent and bird pest control.
12:56:05:04.13 Additional standards for certification in predator pest control.
12:56:05:04.14 Additional standards for certification in grain fumigation pest control.
12:56:05:04.15 Additional standards for certification in wood preservative pest control.
12:56:05:04.16 Additional standards for certification in use of livestock protection collar.
12:56:05:05 Test to include knowledge of laws and regulations.
12:56:05:05.01 Supervision standards for noncertified applicators.
12:56:05:06 Contents of application for applicator license.
12:56:05:07 Information to be included on aerial application.
12:56:05:08 to 12:56:05:12 Repealed.

12:56:05:01. Renewal of applicator certification. Certification required for an applicator's license shall be maintained by taking and passing a written open book examination every two years following the initial certification by a written open book examination. Certification requirements must be met before a license can be issued.

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

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

12:56:05:02. Initial certification based on examination. To be initially certified prior to obtaining an applicator's license, a written, open book examination furnished by the department shall be taken and passed with a score of at least 70 percent. Applicators requiring a license must be certified to be eligible for a license.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-33.

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.

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.

12:56:05:04. General standards for certification of commercial applicators. To pass a certification examination, all commercial applicators shall demonstrate their competence in pest control and the safe use of pesticides. They shall be tested on their understanding of the following:

(1) Labels and labeling:

(a) The general format and terminology of pesticide labels and labeling;
(b) Understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels;
(c) The classification of the product, general or restricted; and
(d) The necessity for use consistent with the label;

(2) Safety factors:

(a) Pesticide toxicity and hazard to man and common exposure routes;
(b) Common types and causes of pesticide accidents;
(c) Precautions necessary to guard against injury to applicators and other individuals in or near treated areas;
(d) Need for and use of protective clothing and equipment;
(e) Symptoms of pesticide poisoning;
(f) First aid and other procedures to be followed in case of a pesticide accident; and
(g) Identification, storage, transport, handling, mixing, and disposal methods for pesticides and pesticide containers;

(3) Potential environmental consequences of the use and misuse of pesticides as may be influenced by such factors as the following:

(a) Weather and other climatic conditions;
(b) Types of terrain, soil, and other substrate;
(c) Presence of nontarget organisms; and
(d) Drainage patterns;

(4) Pests:

(a) Common features of pest organisms;
(b) Characteristics of damage needed for pest recognition;
(c) Recognition of pests to be controlled; and
(d) Pest development and biology as it may be relevant to problem identification and control;

(5) Pesticides:

(a) Types of pesticides;
(b) Types of formulations of pesticides;
(c) Compatibility, synergism, persistence, and toxicity of the formulations of pesticides;
(d) Hazards and residues associated with use of pesticides;
(e) Factors which influence effectiveness or lead to such problems as resistance to pesticides; and
(f) Dilution procedures used in pesticides;

(6) Operation of pesticide application equipment:

(a) Types of equipment and advantages and limitations of each type; and
(b) Uses, maintenance, and calibration of equipment.

(7) Pesticide application methods:

(a) Methods and procedures used to apply various formulations of pesticides, such as dust, wettable powders, emulsions, solutions, and gases, together with a knowledge of which method of application to use in a given situation;
(b) Relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse; and
(c) Prevention of drift and pesticide loss into the environment.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.01. Additional standards for certification in agricultural plant pest control. In addition to meeting general standards in 12:56:05:04, all commercial applicators classified within the classification of agricultural plant pest control shall be tested on their understanding of crops grown and the specific pests of those crops which they may be treating with pesticides, including the following:

(1) Soil and water problems;

(2) Preharvest intervals;

(3) Re-entry intervals;

(4) Phytotoxicity;

(5) Potential for environmental contamination;

(6) Nontarget injury; and

(7) Community problems resulting from the use of restricted-use pesticides in agricultural areas.

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 %, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.02. Additional standards for certification in agricultural animal pest control. In addition to meeting general standards in 12:56:05:04, commercial applicators classified within the classification of agricultural animal pest control shall be tested on their understanding of such animals and their associated pests, including the following:

(1) Specific pesticide toxicity and residue potential;

(2) The relative hazards associated with such factors as the following:

(a) Formulations;
(b) Application techniques;
(c) Age of animals;
(d) Stress; and
(e) Extent of treatment.

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 %, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.03. Additional standards for certification in forest pest control. In addition to meeting general standards in 12:56:05:04, commercial applicators classified within the classification of forest pest control shall be tested on their understanding of types of forest, forest nurseries, and seed production in South Dakota and the pests involved, including the following:

(1) Cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications;

(2) The relative biotic agents and their vulnerability to the pesticides applied;

(3) Control methods which minimize unintended secondary effects on wildlife; and

(4) Proper use of specialized equipment as it may relate to meteorological factors and adjacent land use.

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 5, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.04. Additional standards for certification in ornamental and turf pest control. In addition to meeting general standards in 12:56:05:04, commercial applicators classified within the classification of ornamental and turf pest control shall be tested on their understanding of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, plantings, and turf, including the following:

(1) Phytotoxicity;

(2) Drift and persistence; and

(3) Application methods to prevent hazards to humans and domestic animals.

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 5, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.05. Additional standards for certification in seed treatment. In addition to meeting general standards in 12:56:05:04, commercial applicators classified within the classification of seed treatment shall be tested on their understanding of types of seeds that require chemical protection against pest and factors, including the following:

(1) Seed coloration,

(2) Carriers and surface active agents which influence pesticide binding and may affect germination;

(3) Hazards associated with handling, sorting, and mixing; and

(4) Misuse of treated seed, such as:

(a) Introduction of treated seed into food and feed channels; and
(b) Proper disposal of unused treated seed.

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.

General Authority: SDCL 38-21-51
Law Implemented: SDCL 38-21-18.

12:56:05:04 06. Additional standards for certification in aquatic pest control. In addition to meeting general standards in 12:56:05:04, commercial applicators classified within the classification of aquatic pest control shall be tested on their understanding of the following:

(1) Water use situation;

(2) Downstream effects of application;

(3) Secondary effects which can be caused by:

(a) Improper application rates;
(b) Incorrect formulations; and
(c) Faulty application of pesticides used in this category;

(4) Potential pesticide effects on:

(a) Plants;
(b) Fish;
(c) Birds;
(d) Beneficial insects; and
(e) Other nontarget aquatic organisms; and

(5) The principals of limited area application.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.07. Additional standards for certification in right-of-way pest control. In addition to meeting general standards in ° 12:56:05:04, commercial applicators classified within the classification of right-of-way pest control shall be tested on their understanding and knowledge of the following:

(1) Excessive foliage damage;

(2) Recognition of target pests;

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

(a) Problems caused by runoff and drift;
(b) The need for containment of pesticides within the right-of-way area; and
(c) The impact of their application activities on adjacent areas and communities.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.08. Additional Standards for certification in industrial, institutional, structural, and health related pest control. In addition to meeting general standards in ° 12:56:05:04, commercial applicators classified within the classification of industrial, institutional, structural, and health related pest control shall be tested on their understanding and knowledge of the following:

(1) Methods to avoid hazards to babies, children, pregnant women, elderly people, and pets;

(2) A wide variety of pests including:

(a) Their life cycles; and
(b) Types of formulations appropriate for their control;

(3) Methods of application that avoid contamination of food and habitat; and

(4) In addition they shall demonstrate that they know applicable environmental conditions.

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 5, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

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, commercial applicators classified within the classification of public health pest control shall be tested on their understanding and knowledge of vector-disease transmission as it relates to and influences application programs involving a wide variety of pests. They shall also be tested on their knowledge of the following:

(1) Pests, their life cycle and habitats as a basis for control strategy;

(2) A great variety of environments ranging from streams to conditions found in buildings; and

(3) Their practical knowledge of the importance and employment of such non-chemical control methods including the following:

(a) Sanitation;
(b) Waste disposal; and
(c) Drainage.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.10. Additional standards for certification in regulatory pest control. In addition to meeting general standards in 12:56:05:04, commercial applicators classified within the classification of regulatory pest control shall be tested on their understanding and knowledge of the following:

(1) Regulated pests;

(2) Applicable laws relating to quarantine and other regulations of pests; and

(3) The potential environmental impact of pesticides used in suppression and eradication programs including the following:

(a) Factors influencing introduction;
(b) Spread; and
(c) Populations dynamics of relevant pests and knowledge extended beyond their regular duties that would be applicable in other areas of the country where emergency measures may be invoked involving regulated pests and where individual judgments must be made in new situations.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.11. Additional standards for certification in demonstration and research pest control. In addition to meeting general standards in 12:56:05:04, commercial applicators classified within the classification of demonstration and research pest control shall be tested on their understanding of the broad spectrum of pesticide uses involving the following:

(1) The many different pest problem situations encountered in the activities associated with demonstration of pesticides; and

(2) Pesticide application techniques applicable to the particular area of pest control in which they are engaged, including the following:

(a) Their understanding of pesticide organism interactions; and
(b) Integrating pesticide use with other control methods, if such persons are engaged in the demonstration of the safe and effective use of pesticides to applicators and the general public.

Commercial applicators classified within the classification of demonstration and research pest control engaged in conducting field research, shall be tested on their knowledge and understanding of the standards in this section applicable to their particular activity or those standards within this section required for applicators engaged in demonstration.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.12. Additional standards for certification in rodent and bird past control. In addition to meeting general standards in ° 12:56:05:04, commercial applicators classified within the classification of rodent and bird pest control shall be tested an their knowledge of the biological and behavioral patterns of target and related nontarget species, including the following:

(1) Toxicity levels which could be expected to give selective control of pest species without causing significant damage to populations of related nontarget species;

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

(3) Proper management and placement techniques of baits.

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 5, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.13. Additional standards for certification in predator pest control. In addition to meeting general standards in 12:56:05:04, commercial applicators classified within the classification of predator pest control shall be tested on their knowledge of the biological and behavioral patterns of target and related nontarget species, including the following:

(1) Toxicity levels which could be expected to give selective control of pest species without causing significant damage to populations of related nontarget species;

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

(3) Proper management and placement techniques of baits.

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.14. Additional standards for certification in grain fumigation pest control. In addition to meeting general standards in 12:56:05:04, commercial applicators classified within the classification of grain fumigation pest control shall be tested on their knowledge of the following:

(1) Types of pests and their life cycles;

(2) Pest characteristics;

(3) Application techniques associated with applying fumigants to grain under various structural and environmental conditions;

(4) Hazards associated with fumigant use; and

(5) Potential residue problems in food and feed from improper use.

Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.15. Additional standards for certification in wood preservative pest control. In addition to meeting general standards in 12:56:05:04, commercial applicators classified within the classification of wood preservative pest control shall be tested on their knowledge of the following:

(1) Application of wood preservatives:

(a) Preparation of wood for treatment;
(b) Methods of applying wood preservatives; and
(c) Factors influencing the effectiveness of wood preservatives;

(2) Protecting human health:

(a) Hazards to applicator (acute and chronic effects);
(b) Safety procedures to be adhered to in order to reduce exposure;
(c) First aid; and
(d) Wearing and care of protective equipment;

(3) Protecting the environment:

(a) Waste disposal;
(b) Storage and disposal of containers; and
(c) Handling of spills;

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

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 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:04.16. Additional standards for certification in use of livestock protection collar. In addition to meeting general standards in 12:56:05:04, commercial applicators classified within the classification of livestock protection collar shall be tested on their understanding and knowledge of the following:

(1) Reading and understanding label and labeling information, including all use restrictions;

(2) Recognizing the technical name, sodium fluoracetate, and understanding the basic properties of Compound 1080;

(3) Recognizing potential hazards to humans, domestic animals, and to nontarget wildlife;

(4) Recognizing general symptoms of poisoning by Compound 1080 in humans and domestic animals and taking appropriate action;

(5) Recognizing situations where collars can be expected to be safe and effective in addition to being aware of alternative means of control;

(6) Keeping required records on use of collars;

(7) Making required reports of suspected poisoning on nontarget species and suspected poisonings of humans or domestic animals to the department of agriculture;

(8) Distinguishing between damaged collars that can be repaired and those that must be disposed of properly;

(9) Making repairs to damaged collars prior to reuse or proper disposal;

(10) Proper disposal of animal remains, and vegetation or soil contaminated by a punctured collar;

(11) Posting and maintaining bilingual warning signs at logical points of access to areas where collars are in use; and

(12) Performing weekly or more frequent inspections of collars in use.

Source: 17 SDR 116, effective February 14, 1991.

General Authority: SDCL 38-21-51
Law Implemented: SDCL 38-21-18

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.

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.

12:56:05:05.01. Supervision standards for noncertified applicators. Applicators supervising noncertified applicators shall be currently certified.

The availability of the certified applicator is directly related to the hazard of the application being made by the noncertified applicator. When the certified applicator is not present, "direct supervision" may include verifiable instruction to the noncertified applicator, including detailed guidance for applying the pesticide properly and provisions for contacting the certified applicator if the certified applicator is needed. When required by the directions for use printed on the registered label of the pesticide being used by the noncertified applicator, the certified applicator shall be physically present.

Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:06. Contents of application for Applicator license. An application for a licensed applicator, licensed operator, and public operator's license shall contain the following: name of applicant; his partnership or organization and its permanent address; his local base of operation and maintenance; his telephone number; whether or not he is applying for a licensed public operator license; what classifications he wishes to be certified for; whether he wishes to be certified as a ground applicator, an aerial applicator, or both; and the date and signature of applicant.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18.

12:56:05:07. Information to be included on aerial application. If an applicant makes application for the subclass aerial application, the applicant shall furnish additional information, including: his South Dakota pilot's registration; his federal airman's certificate number and rating; the number of aircraft to be used in operations and their model number, make, federal number, and South Dakota's registration number; the agricultural aircraft operator's federal aeronautics administration certificate date and number; total solo flight hours and the total solo flight hours in the type and class aircraft to be used; total of solo flight hours within the preceding 12 months in types and class aircraft to be used; the number of acres the applicant treated the past year in South Dakota; the total number of hours spraying and dusting experience; the number of equivalent hours experience during the past year and nature of equivalent hours; whether the applicant will operate under the supervision of a class A operator's permit holder and if so the name, address, and South Dakota permit number; whether the aircraft to be used, with equipment attached, has the approval of federal aeronautics administration; and whether the applicant or the company or employer for which he worked has ever been denied permission to spray in any state and if so the year and reason for denial and the state and company.

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.

12:56:05:08. Applicant for licensed applicator license must prove financial responsibility. Repealed.

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

12:56:05:09. Amount of bond or liability insurance -- Minimum requirements. Repealed.

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

12:56:05:10. Exclusions on policy. Repealed.

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

12:56:05:11. Notice to be given upon cancellation of policy. Repealed.

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

12:56:05:12. Authorization of insurer or surplus line broker. Repealed.

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

Section
12:56:06:01 Contents of report form for alleged pesticide damage.

12:56:06:01. Contents of report form for alleged pesticide damage. The report form required by SDCL 38-21-46 shall contain, but shall not be limited to, the following:

(1) Claimant's name and address;

(2) Claimant's telephone number;

(3) County and legal description of property where damage is alleged;

(4) Date, approximate time, weather conditions including wind direction, and temperature when application was made;

(5) County and legal description of property on which application was made;

(6) Operator of property where application was made;

(7) Description of damages;

(8) Name of applicator or operator applying pesticides;

(9) Name of witness, if known;

(10) Whether ground or aerial application; crop treated;

(11) Chemical used, if known; if the applicator was notified and, if so, when; and

(12) The date the claim was prepared and the signature of claimant.

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 38-21-46.

Section
12:56:07:01 Required applicator records.
12:56:07:02 Availability of records to the department.
12:56:07:03 Records to be kept for three years.
12:56:07:04 Applicator shall make record of application available to customer.
12:56:07:05 Information to be furnished upon department request.

12:56:07:01. Required applicator records. Each commercial applicator shall keep records which shall 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 land or 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 or firm 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 direction and estimated velocity of the wind and the temperature at the time the pesticide was applied (this requirement does not apply to application of baits in bait stations or pesticide applications in or immediately adjacent to structures);

(10) Amount of the pesticide applied and concentration in pounds or gallons per unit or percentages of active ingredient per unit of the pesticide used;

(11) Specific crop or designated site or commodity to which pesticide application was made; and

(12) Name and address of the applicator.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-24.

12:56:07:02. Availability of records to the department. Each licensed public operator and licensed applicator shall have all pesticide application records completed and available to the department for inspection at the close of each day.

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 38-21-24.

12:56:07:03. Records to be kept for three years. Records of pesticide applications made by each commercial applicator or his operators shall be kept by the applicator for three years from the date of the application of any pesticides. The department shall, upon written request, be furnished with a copy of these records which shall include the information required by 12:56:07:01.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-24.

12:56:07:04. Applicator shall make record of application available to customer. Upon written request, each licensed applicator shall provide the customer with a record of each application of pesticide applied to his land.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-24.

12:56:07:05. Information to be furnished upon department request. Each commercial applicator shall, upon written request, furnish the department with an annual 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.

All summaries and the information therein submitted to the department shall be held in confidence unless that information is used by the department to compile an area or state-wide report of usage of pesticides by commercial applicators or is subpoenaed by a court of law.

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

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-24.

Section
12:56:08:01 Standards for certification of licensed operators.
12:56:08:02 and 12:56:08:03 Repealed.
12:56:08:04 Licenses are nontransferable.
12:56:08:05 Repealed.

12:56:08:01. Standards for certification of licensed operators. Applicant for a licensed operator license or for renewal of a licensed operator license shall comply with both chapters 12:56:04 and 12:56:05.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-27, 38-21-29.

12:56:08:02. Procedure for certifying-operator by on the job training. Repealed.

Source: 1 SDR 65, effective March 27, 175; 2 SDR 53, repealed January 18, 1976.

12:56:08:03. Items to be included on operator certification through applicator form. Repealed.

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

12:56:08:04. Licenses are nontransferable. A licensed operator's license is not transferable. If an operator changes employers his license is invalid and must be renewed.

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 38-21-27, 38-21-29.

12:56:08:05. Operator licenses renewal. Repealed.

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

Section
12:56:09:01 Standards for certification of public operators.

12:56:09:01. Standards for certification of public operators. All applicants for a public operator license or a renewal of a public operator license shall comply with both chapters 12:56:05 and 12:56:04.

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.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-28.

Section
12:56:10:01 Licensed pesticide dealers' license application form.
12:56:10:02 License fee for licensed applicator who is a licensed pesticide dealer.
12:56:10:03 Dealer license examination.
12:56:10:04 Dealers must attend pesticide certification shortcourse.
12:56:10:05 Licensed dealers selling restricted-use pesticides to uncertified private applicators.
12:56:10:06 Required dealer records.
12:56:10:07 Records to be kept for three years.
12:56:10:08 Availability of records to the department.

12:56:10:01. Licensed pesticide dealers' license application form. Licensed pesticide dealer license application forms shall include, but not be limited to, the following: name of applicant; firm name; firm's permanent address and telephone number; and whether or not the applicant has a current licensed pesticide applicator license.

Source: 4 SDR 53, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18, 38-21-23, 38-21-52.

12:56:10:02. License fee for licensed applicator who is a licensed pesticide dealer. There is not fee charge for a commercial pesticide applicator license to a person who has a current licensed pesticide dealer license.

12:56:10:03. Dealer license examination. Applicants for a licensed pesticide dealer license shall be tested by writing an open book examination. This examination shall be available at county extension offices and at the pesticide office of the department of agriculture. The standards of competence proven by taking and passing this examination by a score of at least 70 percent are the same as those standards in 12:56:05:04. If an applicant fails the exam, he may be reexamined in three days.

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 38-21-33.1.

12:56:10:04. Dealers must attend pesticide certification shortcourse. If a person who has taken and passed the licensed pesticide dealer license examination does not attend a certification shortcourse at least biennially, he must be reexamined before he may obtain a licensed pesticide dealer license.

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 38-21-33.1.

12:56:10:05. Licensed dealers selling restricted-use pesticides to uncertified private applicators. The act of selling a restricted-use pesticide to an uncertified private applicator is prohibited except after the applicator has completed a questionnaire provided by the department to the licensed dealer and the applicator has signed the questionnaire and the licensed dealer has signed the questionnaire affirming that the dealer has discussed any incorrect responses made by the applicator on the questionnaire and is satisfied that the applicator understands the material covered by the questionnaire, the applicator is exempt from the certification as required by 12:56:12:01 and 12:56:12:02.

Licensed pesticide dealers shall submit a copy of each completed questionnaire to the department weekly.

Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18, 38-21-23, 38-21-52.

12:56:10:06. Required dealer records. Each licensed pesticide dealer shall keep records of restricted use pesticide sales. The record for each sale shall include:

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

(2) The name, address, certification or license number of the private or commercial applicator;

(3) The date of sale; and

(4) The trade name, quantity, and EPA registration number of the pesticide sold.

Records may be maintained in the form of a log, registry of invoices, billing tickets, or delivery tickets.

Source: 13 SDR 37, effective October 8, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

12:56:10:07. Records to be kept for three years. Records of restricted use pesticide sales made by a licensed pesticide dealer or his employees shall be kept by the dealer three years from the date of the sale. The department shall, upon written request, be furnished with a copy of these records which shall include the information required by 12:56:10:06.

Source: 13 SDR 37, effective October 8, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

12:56:10:08. Availability of records to the department. Each licensed pesticide dealer shall make his firm's restricted use pesticide sales records available to the department for inspection during normal business hours.

Source: 13 SDR 37, effective October 8, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

Section
12:56:11:01 Pesticide usage restrictions.

12:56:11:O1. 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.

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.

Section
12:56:12:01 Standards for private applicator certification.
12:56:12:01-01 Standards for private applicator certification for use of livestock protection collar.
12:56:12:02 Private applicator certification.
12:56:12:03 Private applicator certification emergency exemption.

12:56:12:01. Standards for private applicator certification. A private applicator must demonstrate a practical knowledge of pest problems and pest control practices to the applicable agricultural operations of proper storage, use, handling and disposal of pesticides and containers and of the legal responsibilities involved in the application, handling and disposal of pesticides. This practical knowledge includes ability to do the following:

(1) Recognize common pests to be controlled and damage caused by them;

(2) Read and understand the label and labeling information including the common name of pesticide he applied, pest or pests to be controlled, timing and methods of application, safety precautions, any preharvest or reentry restrictions, and any specific disposal procedures;

(3) Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances taking into account such factors as area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation;

(4) Recognize local environmental situations that must be considered during application to avoid contamination;

(5) Recognize poisoning symptoms and procedures to follow in case of a pesticide accident.

Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18, 38-21-23, 38-21-52.

12:56:12:01.01. Standards for private applicator certification for use of livestock protection collar. In addition to meeting standards in 12:56:12.01, private applicators classified within the classification of Livestock Protection Collar shall meet standards in 12:56:05:04 and 12:56:05:04:16.

Source: 17 SDR 116; effective February 14, 1991.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18, 38-21-23 & 38-21-51.

12:56:12:02. Private applicator certification. Private applicators shall be certified by completing either a training course approved by the department or a home study course approved by the department, except that from October 21, 1977, to October 21, 1979, an uncertified private applicator is exempt from the certification requirements for a single purchase of a single restricted-use pesticide product by completing the questionnaire process as described in 12:56:10:05. Upon receiving a report from a licensed dealer that an uncertified private applicator has purchased a pesticide under the provisions of 12:56:10:05, the department shall notify the applicator of the necessity to become certified by attending a training course or completing a home study course before more purchases of restricted-use pesticides may be made.

Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18, 38-21-52.

12:56:12:03. Private applicator certification-emergency exemption. A private applicator who has no current certification may be exempted by the secretary of agriculture from the requirements of certification after October 21, 1979, in an emergency situation, if the emergency is declared by the secretary of agriculture. However, the private applicator receiving such an exemption shall comply with provisions of the single purchase, single use as described in 12:56:12:02.

Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-18, 38-21-52.

Section
12:56:13:01 Permanent bulk pesticide storage containers.
12:56:13:02 Bulk pesticide storage facility construction.
12:56;13:03 Secondary containment.
12:56:13:04 Bulk pesticide storage facility location.
12:56:13:05 Effective date of bulk pesticide storage facility requirements.
12:56:13:05.01 Bulk pesticide storage facility permit.
12:56:13:05.02 Bulk pesticide storage facility inspection.
12:56:13:05.03 Alteration of existing permitted bulk pesticide storage facility.
12:56:13:05.04 Notice of a bulk pesticide storage facility inspection.
12:56:13:05.05 Bulk pesticide storage facilities constructed prior to December 8, 1985.
12:56:13:06 Required plans and specifications for bulk pesticide storage facilities.
12:56:13:07 Contents of bulk pesticide storage facility permit application.
12:56:13:08 Repealed.
12:56:13:09 Underground storage.
12:56:13:10 Spills.

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.

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.

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.

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.

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 (ASM) 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 -40OF 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.

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.

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.

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.

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.

12:56:13:05. Effective date of bulk pesticide storage facility requirements. All bulk pesticide storage facilities must be constructed and operated in compliance with these rules. Bulk pesticide storage facilities constructed prior to the effective date of these rules must be in compliance with 12:56:13:01 to 12:56:13:06, inclusive, by January 1, 1987.

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.

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 agriculture 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 agriculture.

Source: 13 SDR 37, effective October 8, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.1.

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.

Source: 13 SDR 37, effective October 8, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.1.

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 agriculture, in writing, prior to making any alterations to the existing facility.

Source: 13 SDR 37, effective October 8, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-15.1.

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.

Source: 13 SDR 37, effective October 8, 1986.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

12:56:13:05.05. Bulk pesticide storage facilities constructed prior to December 8, 1985. Bulk pesticide storage facilities constructed of concrete block prior to December 8, 1985, will be considered for approval after inspection by the secretary. Bulk pesticide storage facilities constructed of brick prior to December 8, 1985, will not be considered for approval. Bulk pesticide storage facilities constructed of concrete block or brick after December 8, 1985, will not be considered for approval by the secretary.

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.

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.

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.

12:56:13:07. Contents of 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
(c) Firm who will construct, install, or modify site;

(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.

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.

12:56:13:08. Permanent and nonpermanent bulk pesticide storage containers. Repealed.

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.

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 rinsage from transfer and loading areas is allowed.

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.

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.

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.

Section
12:56:14:01 Bulk delivery system.
12:56:14:01.01 Bulk dispensing system.
12:56:14:02 Labeling.
12:56:14:03 Repealed.
12:56:14:04 Notification for delivery of bulk pesticide.
12:56:14:05 Bulk repackaging.

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.

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.

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.

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.

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.

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.

12:56:14:03. Distribution of bulk pesticide. Repealed.

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.

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.

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.

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.

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: 1 SDCL 38-20A-36, 38-21-15, 38-21-51.
Law Implemented: SDCL 38-20A-36, 38-21-15.

Section
12:56:15:01 Handling and loading.
12:56:15:02 Cleansing of bulk pesticide storage containers.
12:56:15:03 Handling and loading spills.

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.

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.

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.

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.

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.

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.

Section
12:56:16:01 Livestock protection collar records required.
12:56:16:02 Availability of records to the department.
12:56:16:03 Records to be kept for three years.

12:56:16:01. Livestock protection collar records required. Each private applicator of livestock protection collars shall keep records which include the following for each application:

(1) The number of collars placed on livestock;

(2) The date of application; and

(3) The location of collared animals.

In addition, applicators shall record the number of collars purchased or leased, the number of collars punctured or ruptured including apparent cause, the number of collars lost or unrecovered, the number of collars in storage, and the species, date, and location of each animal found poisoned as a result of the use of the livestock protection collar. Each accident or injury to humans or domestic animals or poisoning of nontarget species shall be reported immediately to the department of agriculture.

Source: 17 SDR 116, effective February 14, 1991.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

12:56:16:02. Availability of records to the department. Each applicator shall have all pesticide application records on the use of livestock protection collars completed and available to the department for inspection 0at the close of each day.

Source: 17 SDR 116, effective February 14, 1991.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

12:56:16:03. Records to be kept for three years. Records containing the information required by 12:56:16:01 shall be kept by the applicator for three years from the date of application or until return of the livestock protection collar to the livestock protection collar pool manager, whichever is later. The applicator shall furnish the department with a copy of these records upon written request.

Source: 17 SDR 116, effective February 14, 1991.

General Authority: SDCL 38-21-51.
Law Implemented: SDCL 38-21-51.

Section
12:56:17:01 Operational area containment required.
12:56:17:02 Operational area containment requirements.
12:56:17:03 Pesticide handling and discharge response procedures and plans.
12:56:17:04 Training to be provided to employees.
12:56:17:05 Recovery, storage and use of discharges.
12:56:17:06 Reporting of pesticide spills.
12:56:17:07 Pesticide operational area registration.
12:56:17:08 Required plans and specifications for pesticide operational areas.
12:56:17:09 Contents of pesticide operational area containment registration application.
12:56:17:10 Connections to potable water supply.

12:56:17:01. Operational area containment required. After February 1, 1995, operational area containment is required of any person when his 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;
(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 subdivisions (1)(a) or (1)(b) above have been reached.

Subdivisions (2)(c) and (2)(d) 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) do not apply to those operational areas located within or immediately adjacent to each pesticide application site.

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.

12:56:17:02. Operational 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 shall 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 shall 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 shall 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. In order to prevent unreasonable adverse effects on the environment as defined in 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. A minimum containment capacity of 250 U.S. gallons must be provided.
(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. In order to prevent unreasonable adverse effects on the environment as defined in Chapter 38-21, the operational area containment must be of adequate surface area to discharges from the largest container or equipment operated within the operational area containment. The operational area containment shall be constructed to prevent liquids from adjacent surfaces from flowing onto the operational area containment.

(4) Discharges and other accumulated materials shall 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 has been cleaned after the last use.

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.

12:56:17:03. Pesticide handling and discharge response procedures and plans. All applicators who conduct operational area activities shall utilize procedures to minimize and mitigate the adverse effects of discharges on the environment. By February 1, 1995, all private and commercial applicators shall 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 shall 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.

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.

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 shall conduct pesticide handling and discharge response plan training for all new and existing employees involved in the use and handling of pesticides. Training shall 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.

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.

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 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 fourteen 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.

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.

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.

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.

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 of agriculture may deny registration or require additional conditions for the registration of any operational area when 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 of agriculture may modify, suspend, or revoke the registration of any operational area that has not complied with this chapter.

Source: 18 SDR 49, effective September 15, 1991.

General Authority: SDCL 38-21-15.1, 38-21-51.
Law Implemented: SDCL 38-21-15.1.

12:56:17:08. Required plans and specifications for pesticide operational areas. 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 Chapter 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.

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.

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
(c) The person who will construct, install, or modify the site;

(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, 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 his agent.

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.

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.

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.

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; $12.00 per copy plus $2.95 shipping and handling.

Section

12:56:18:01 Repealed.
12:56:18:02 Containers acceptable for recycling.
12:56:18:03 Pesticides acceptable for collection.
12:56:18:04 Criteria for container collection and recycling activities.

12:56:18:01. Pesticide recycling and disposal fee. Repealed.

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

12:56:18:02. Containers acceptable for recycling. Pesticide containers acceptable for recycling must meet the following minimum requirements:

(1) Be triple rinsed or equivalent;

(2) Consist of high density polyethylene (HDPE) plastic of 2 1/2 gallon capacity or less;

(3) Contain no visible pesticide residue inside or outside of the container; however, if the container held crop oil, a nutritional spray, and adjuvant or surfactant, or a Bacillus thuringensis product as the sole active ingredient, the presence of residue will not disqualify it for acceptance;

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

(5) When possible, be delivered with labels on the container.

Source: 19 SDR 114, effective February 11, 1993; 19 SDR 198, effective July, 1993.

General Authority: SDCL 38-20A-36, 38-20A-54.
Law Implemented: SDCL 38-20A-54, 38-20A-55.

12:56:18:03. Pesticides acceptable for collection. To be eligible for collection, pesticides must be preregistered on a form provided by the secretary. From these preregistrations, the secretary shall compile a prioritized list of eligible waste pesticides and participants based upon the toxicity of the pesticide, condition of the container, and the potential for the pesticide to harm human health or the environment. Pesticides that exhibit the greatest risks shall receive the highest ranking. Those waste pesticides that rank highest on this list shall receive priority for collection, within the constraints of program funding. Regardless of the priority list, the secretary may refuse to collect and dispose of any pesticide based on any one or more of the following factors:

(1) Physical or financial constraints;

(2) Misrepresentation in preregistration;

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

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

The secretary shall notify the applicant of the eligibility of the pesticides for disposal under the program at least 15 days before the date of collection. If the pesticides are eligible for disposal, the secretary shall specify in the notice where and when the pesticides will need to be delivered.

Waste pesticides considered eligible but not collected because of inadequate program funding shall remain on the list for consideration in the next annual cycle of collections and do not require submission of another application for preregistration.

Source: 19 SDR 114, effective February 11, 1993; 19 SDR 198 effective July 1, 1993.

General Authority: SDCL 38-20A-36, 38-20A-54.
Law Implemented: SDCL 38-20A-54, 38-20A-55.

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 shall be selected based on the following criteria:

(a) Security;

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

(c) Geographic distribution of collection sites within the state;

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

(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 his 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 his designee;

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

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.