Minnesota Administrative Rules

1505.3010 DEFINITIONS.

Subpart 1.

Scope.

As used in parts 1505.3010 to 1505.3150, the words and terms defined in this part have the meanings given them.

Subp. 2.

Appurtenances.

"Appurtenances" means valves, pumps, fittings, pipes, hoses, and metering devices that are connected to a bulk pesticide container or used for transferring liquid bulk pesticide between containers.

Subp. 3.

Bulk pesticide.

"Bulk pesticide" means a pesticide that is held in an individual container with a pesticide content of 56 U.S. gallons or more, or 100 pounds or more net dry weight, including minibulk pesticide unless otherwise specified. Only technical grade, formulated grade, and other similar grades of bulk pesticide are included in this definition.

Subp. 4.

Bulk pesticide storage facility.

"Bulk pesticide storage facility" means a site at which a bulk pesticide is stored by a person who distributes or repackages the bulk pesticide.

Subp. 5.

Commissioner.

"Commissioner" means the commissioner of agriculture or the commissioner's authorized agent.

Subp. 6.

Containment area.

"Containment area" means a facility, device, or system or a combination of these designed to prevent the escape or movement of a pesticide from the place it is stored or kept under conditions that might otherwise result in unreasonable adverse effects on the environment.

Subp. 7.

Custom mix.

"Custom mix" means a mixture of registered pesticide or pesticide-fertilizer mixes prepared by a dealer in response to a specific request of an end user of those products.

Subp. 8.

Disposal.

"Disposal" means the release, deposit, injection, dumping, spilling, leaking, or placing of pesticide into or on land or water so that the pesticide may enter the environment or be emitted into the air or released into any surface water or groundwater. This definition, however, does not include pesticide use allowable under Minnesota Statutes, chapter 18B, or rules adopted under Minnesota Statutes, chapter 18B.

Subp. 9.

Dry pesticide.

"Dry pesticide" means pesticide that is in solid form before application or mixing for application, including formulations such as dusts, wettable powders, dry flowable powders, and granules.

Subp. 10.

Groundwater.

"Groundwater" means the water in the zone of saturation in which all of the pore spaces of the subsurface material are filled with water. The water that supplies springs and wells is groundwater.

Subp. 11.

Inorganic soil.

"Inorganic soil" means a soil that is a silty clay loam or finer with less than six percent organic matter. This definition pertains to the specific type of soil used to construct walls and liners of containment areas.

Subp. 12.

Liquid pesticide.

"Liquid pesticide" means pesticide in liquid form, including solutions, emulsions, suspensions, and slurries.

Subp. 13.

Minibulk pesticide.

"Minibulk pesticide" means an amount of liquid pesticide greater than 56 U.S. gallons (211 liters) but not greater than 499 U.S. gallons (1,892 liters), or an amount of dry pesticide greater than 100 pounds (45 kilograms) but not greater than 499 pounds (225 kilograms), that is held in a single container designed for ready handling and transport.

Subp. 14.

New bulk pesticide storage facility.

"New bulk pesticide storage facility" means a bulk pesticide storage facility established after July 1, 1989, at a site that was not previously used as a bulk pesticide storage facility. A facility is established, for purposes of this subpart, on the date it is first placed in use.

Subp. 15.

Previously established bulk pesticide storage facility.

"Previously established bulk pesticide storage facility" means a bulk pesticide storage facility established before July 1, 1989. A facility is established, for purposes of this subpart, on the date it is first placed in use.

Subp. 16.

Release.

"Release" means a pesticide release incident as defined in Minnesota Statutes, section 18B.01, subdivision 12, including a pesticide released into a secondary containment or loading area.

Subp. 17.

Release response plan.

"Release response plan" means a plan describing procedures employed for the notification of appropriate state agencies, stopping a release, recovering releases, and cleaning up the release area.

Subp. 18.

Repackaging.

"Repackaging" means a registrant's or manufacturer's authorized transfer and subsequent labeling of a registered pesticide from a bulk pesticide container to another pesticide container 56 U.S. gallons or more in an unaltered state in preparation for sale delivery to another dealer or user.

Subp. 19.

Revised bulk pesticide storage permit application.

"Revised bulk pesticide storage permit application" means an application for a bulk pesticide storage permit filed with the commissioner detailing substantial alterations that are to be made to a facility.

Subp. 20.

Storage container.

"Storage container" means a container used for the fixed storage of bulk pesticide, including a rail car, nurse tank, minibulk tank, or other mobile container for more than ten consecutive days. This definition does not include a container used solely for emergency storage of leaking pesticide containers that are less than 56 U.S. gallons or pesticide rinsate holding tanks.

Subp. 21.

Substantially altering.

"Substantially altering" includes, but is not limited to, the modification of a bulk pesticide storage facility through the changing, addition, or removal of bulk pesticide storage containers, appurtenances, load areas, secondary containment, or any modifications that may result in reducing the effectiveness of safeguards. This definition does not include the routine maintenance of bulk pesticide storage containers, load areas, secondary containment, or appurtenances.

Subp. 22.

Surface water.

"Surface water" means water that rests or flows on the surface of the ground.

Statutory Authority:

MS s 18B.06; 18B.14

History:

14 SR 161

Published Electronically:

September 17, 2013