02 NCAC 09L .1905          STORAGE FACILITY REQUIREMENTS: RUP

(a)  In addition to the Storage Requirements for All Pesticides as set forth in Rule .1902 of this Subchapter, the requirements of this Rule shall apply to any quantity of restricted use pesticides in commercial storage.

(b)  Storage areas shall utilize security precautions that prevent unauthorized access to pesticides.  As a minimum, non‑display pesticide storage areas shall be locked when unattended.  A warning sign shall be posted beside all entrances to non‑display pesticide storage areas stating "PESTICIDE STORAGE," "AUTHORIZED PERSONNEL ONLY," "IN CASE OF EMERGENCY CALL_____________."

(c)  Pesticide spills shall be cleaned up immediately with regard to personnel safety.  Floor‑sweeping compounds such as adsorptive clay, sand, sawdust, lime, or similar suitable materials shall be kept on hand to absorb spills or leaks.  Safe disposal techniques shall be employed when disposing of pesticide contaminated adsorptive materials.

(d)  Pesticides shall be stored to prevent contact with water resulting from area cleanup, the intrusion of storm waters, leaks, or impounded or flowing waters, or any other source which represents a likely potential for flooding.

(e)  Pesticides shall not be stored within 100 feet horizontally of a public water supply.  Pesticides shall not be stored within 50 feet horizontally of a private water supply.  An exemption from the requirements of this part may be granted by the Board upon receipt of special written request for such exemption from the owner or operator of a storage facility.  Each request must describe existing conditions requiring such exemption.

(f)  The person responsible for each pesticide storage facility shall also be responsible for the following:

(1)           compliance with all appropriate state and local fire codes and building codes and with all applicable state environmental laws and regulations;

(2)           development of a prefire plan for the storage facility.  Such plan shall be a description of the facility's plans and procedures for management of fires involving pesticides.  A suggested prefire plan format is the publication, "Pre‑Planning and Guidelines for Handling Agricultural Fires," reprinted by the National Agricultural Chemicals Association:

(A)          one copy of the plan approved by the fire department and/or emergency services office having jurisdiction shall be maintained in the office of the storage facility for inspection by the Board;

(B)          one copy of the plan shall be filed with the fire department and/or emergency services office having jurisdiction;

(C)          a request shall be made in writing to the local fire department and/or emergency services office having jurisdiction for no less than an annual inspection of the facility.

(g)  The person responsible for the storage facility shall upon discovery of any emergency such as a fire, spill, or unintended release of pesticides into the environment from the facility, immediately notify the secretary of the Board or designated alternate if such emergency poses a hazard or imminent danger to man, animals, aquatic life, or threat of substantial damage to property.  Such notification of the secretary does not preclude notification being given to the appropriate local fire department, emergency services office, or other state or federal agencies requiring such notification.

(h)  Any person operating a storage facility shall maintain a current inventory list of the kinds of stored pesticides by brand name and formulation.  An inventory list shall be considered current if it is updated every 30 days.  A copy of this list shall be maintained in a separate location from the storage facility.  This list shall be made available to the Board or its agents upon request.

(i)  Pesticide applicators storing restricted use pesticides shall be subject to the same requirements as set forth in this Rule.

 

History Note:        Authority G.S. 143‑437; 143‑441; 143‑461; 143‑466;

Eff. January 1, 1984;

Amended Eff. November 1, 1989.