SUBCHAPTER 9L ‑ PESTICIDE SECTION

 

SECTION .0100 ‑ ORGANIZATIONAL RULES

 

 

02 NCAC 09L .0101          DUTIES OF THE PESTICIDE SECTION

The primary duties of the pesticide section of the food and drug protection division are the administration and enforcement of the North Carolina Pesticide Law of 1971, G.S. Chapter 143.

 

History Note:        Authority G.S. 143‑461(5);

Eff. February 1, 1976;

Amended Eff. August 1, 1982; January 27, 1978.

 

 

02 NCAC 09L .0102          DUTIES (CONTINUED)

The North Carolina Pesticide Board has delegated the following statutory powers, duties, and authorities to the Commissioner of Agriculture:

(1)           the first sentence of G.S. 143‑442(a);

(2)           G.S. 143‑442(c);

(3)           the first two sentences of G.S. 143‑442(d);

(4)           G.S. 143‑443(a)(1);

(5)           G.S. 143‑443(a)(2), (c);

(6)           G.S. 143‑445(a)(3), (b);

(7)           the first sentence of G.S. 143‑446(a);

(8)           the first sentence of G.S. 143‑446(c);

(9)           G.S. 143‑447(b);

(10)         G.S. 143‑448(c);

(11)         G.S. 143‑448(e);

(12)         G.S. 143‑448(f);

(13)         G.S. 143‑449(a);

(14)         the first sentence of G.S. 143‑449(b);

(15)         the first phrase of G.S. 143‑450(a);

(16)         G.S. 143‑452(a);

(17)         G.S. 143‑452(b), excluding the first sentence;

(18)         G.S.143‑452(e);

(19)         the first sentence and last two sentences of G.S. 143‑452(f);

(20)         G.S. 143‑453(a);

(21)         the first sentence of G.S. 143‑453(b);

(22)         the first phrase of G.S. 143‑454(a);

(23)         the first sentence of G.S. 143‑455(a);

(24)         G.S. 143‑455(b);

(25)         the first sentence of G.S. 143‑455(c);

(26)         G.S. 143‑461(7);

(27)         G.S. 143‑461(8);

(28)         G.S. 143‑465(b);

(29)         G.S. 143‑466(b);

(30)         the first sentence of G.S. 143‑466(c);

(31)         the first sentence of G.S. 143‑466(d);

(32)         G.S. 143‑466(e).

 

History Note:        Authority G.S. 143‑461(5);

Eff. February 1, 1976;

Amended Eff. November 1, 1988; August 1, 1987.

 

 

 

02 NCAC 09L .0103          ASSIGNMENT OF DUTIES

The Commissioner of Agriculture has assigned the administrative and enforcement duties and functions assigned to him in the North Carolina Pesticide Law of 1971 to the food and drug protection division of the North Carolina Department of Agriculture.

 

History Note:        Authority G.S. 143‑438;

Eff. February 1, 1976;

Amended Eff. August 1, 1982; January 27, 1978.

 

 

 

 

 

SECTION .0200 ‑ RULES AND REGULATIONS ADOPTED BY REFERENCE

 

02 NCAC 09L .0201          INSPECTORS MANUAL

02 NCAC 09L .0202          E.P.A. INSPECTORS MANUAL

02 NCAC 09L .0203          REGISTRATION: REREGISTRATION AND CLASSIFICATION PROCEDURES

02 NCAC 09L .0204          UNIFORM POLICIES FOR REGISTRATION

02 NCAC 09L .0205          COMPENDIUM OF REGISTERED PESTICIDES

02 NCAC 09L .0206          COMMON AND CHEMICAL NAMES OF PESTICIDES

 

History Note:        Authority G.S. 143‑461; 150B‑14;

Eff. February 1, 1976;

Amended Eff. August 1, 1982; January 27, 1978;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0207          EXEMPTION OF AGENCIES FOR USE OF PESTICIDES IN EMERGENCIES

 

History Note:        Authority G.S. 143‑437; 143‑440; 143‑461; 150B‑14;

Eff. August 7, 1977;

Repealed Eff. November 1, 1988.

 

 

 

 

 

SECTION .0300 ‑ REGISTRATION

 

02 NCAC 09L .0301          REGISTRATION CUSTOM‑BLENDED PESTICIDE‑FERTILIZER MIXTURES

(a)  Custom‑blended pesticide‑fertilizer mixtures are hereby exempted from the registration requirement of the North Carolina Pesticide Law of 1971 provided the following requirements are met:

(1)           The custom blend is prepared to the order of the user and is not held in inventory; and

(2)           The pesticide used in the blend bears end‑use labeling directions providing for mixing with fertilizer or mixing with fertilizer is recommended in writing by an appropriate federal or state agency or official; and

(3)           The custom blend is delivered to the user together with a copy of the pesticide end‑use labeling which is registered and a statement specifying the composition of the mixture and proper application rate.

(b)  In the context of these regulations, end‑use labeling means labeling containing directions for use in pest control and otherwise meeting with federal requirements (40 CFR 156.10).  Labeling stating that a product is intended for use only in manufacturing or formulating is not considered end‑use labeling.

 

History Note:        Authority G.S. 143‑461(1);

Eff. February 1, 1976;

Amended Eff. November 1, 1989.

 

 

 

02 NCAC 09L .0302          NOTICE TO REGISTRANTS AND APPLICANTS

02 NCAC 09L .0303          COPIES

02 NCAC 09L .0304          ASSISTANCE

02 NCAC 09L .0305          APPLICATION FOR REGISTRATION REQUIREMENTS

 

History Note:        Authority G.S. 143‑442;

Eff. February 1, 1976;

Amended Eff. August 1, 1982; November 30, 1978; January 27, 1978;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0306          ADDITIONAL INFORMATION

(a)  Other information as authorized by the North Carolina Pesticide Law of 1971 may be requested to support application for registration of a pesticide.  Such other information may include but is not limited to the following:

(1)           additional details on directions for use;

(2)           a list of the specific pests for which control is claimed including efficacy data verifying control of said pest;

(3)           a complete formula including the active and inert ingredients, and physical properties of the product.

(b)  Additional information shall be submitted in the form of a data sheet.

 

History Note:        Authority G.S. 143‑442;

Eff. February 1, 1976.

 

 

 

02 NCAC 09L .0307          REVIEW OF APPLICATION FOR COMPLETENESS

 

History Note:        Authority G.S. 143‑442;

Eff. February 1, 1976;

Amended Eff. August 1, 1982; November 30, 1978; January 27, 1978;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0308          REGISTRATION FOR THE FOLLOWING YEAR

Registration of a pesticide registered the previous year will be renewed provided its registration status with the Environmental Protection Agency remains unchanged at the time of review and its continued use in North Carolina is in the best interest of the public.

 

History Note:        Authority G.S. 143‑442;

Eff. February 1, 1976.

 

 

 

02 NCAC 09L .0309          DISCONTINUED PRODUCTS

 

History Note:        Authority G.S. 143‑442;

Eff. February 1, 1976;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0310          REREGISTRATION

Reregistration of a pesticide registered the previous year with the label or labeling revised and amended in the interim period will be accepted provided the following conditions are met:

(1)           The revision and amendment have been accepted by the Environmental Protection Agency or approved for special local needs;

(2)           The revision and amendment will cause no unreasonable adverse effects on the environment or hazards to humans, domestic animals, and wildlife; and

(3)           Its continued registration is desirable and will be in the best public interest.

 

History Note:        Authority G.S. 143‑442;

Eff. February 1, 1976.

 

 

 

02 NCAC 09L .0311          NEW REGISTRATIONS

02 NCAC 09L .0312          DENIAL OF REGISTRATION

 

History Note:        Authority G.S. 143‑442; 143‑464;

Eff. February 1, 1976;

Amended Eff. August 1, 1982; January 27, 1978;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0313          REFUNDS OF FEES

In the event registration is denied, the registration fee is refunded to the applicant along with reasons for denial.

 

History Note:        Authority G.S. 143‑442; 143‑464;

Eff. February 1, 1976.

 

 

 

02 NCAC 09L .0314          PESTICIDE REGISTRATION CERTIFICATION

02 NCAC 09L .0315          REGISTRATION RECORDS

 

History Note:        Authority G.S. 143‑442;

Eff. February 1, 1976;

Amended Eff. November 30, 1978;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0316          COMMON AND CHEMICAL NAMES OF PESTICIDES

The North Carolina Pesticide Board adopts by reference in accordance with G.S. 150B‑14(c) the volume entitled "Acceptable Common Names and Chemical Names for the Ingredient Statement on Pesticide Labels," as published by the Office of Pesticide Programs of the Environmental Protection Agency, Washington, D.C.  Copies of "Acceptable Common Names and Chemical Names for the Ingredient Statement on Pesticide Labels" are available for inspection in the Office of the Pesticide Administrator of the Food and Drug Protection Division and may be obtained at a cost as determined by the publisher by contacting National Technical Information Service, U.S. Department of Commerce, Springfield, Va.  22161.

 

History Note:        Authority G.S. 143‑461; 150B‑14;

Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0317          REGISTRATION OF PESTICIDES TO MEET SPECIAL LOCAL NEEDS

The North Carolina Pesticide Board adopts by reference in accordance with G.S. 150B‑14(c), "Regulations Pertaining to State Registration of Pesticides to Meet Special Local Needs," 40 C.F.R. Part 162, Subpart D.  This reference establishes procedures and criteria under which the state may register pesticide products, or any uses thereof, formulated for distribution and use within the state to meet special local needs under Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).  Copies of "Regulations Pertaining to State Registration of Pesticides to Meet Special Local Needs" are available for inspection in the Office of the Pesticide Administrator of the Food and Drug Protection Division and may be obtained at a cost as determined by the publisher by contacting Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

 

History Note:        Authority G.S. 143‑437;143‑440; 143‑461; 150B‑14;

Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0318          EXEMPTION OF AGENCIES FOR USE OF PESTICIDES IN EMERGENCIES

The North Carolina Pesticide Board hereby adopts by reference in accordance with G.S. 150B‑14(c) "Exemption of Federal and State Agencies for Use of Pesticides in Emergencies," 40 C.F.R. Section 166.  This reference establishes criteria for determining the conditions under which an emergency exists, the procedures for obtaining an exemption, and sets forth requirements related thereto.  Copies of "Exemption of Federal and State Agencies for Use of Pesticides in Emergencies" are available for inspection in the Office of Pesticide Administrator of the Food and Drug Protection Division and may be obtained at a cost as determined by the publisher by contacting Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.  20402.

 

History Note:        Authority G.S. 143‑437; 143‑440; 143‑461; 150B‑14;

Eff. November 1, 1988.

 

 

 

 

 

SECTION .0400 ‑ SAMPLES AND SUBMISSIONS

 

02 NCAC 09L .0401          SAMPLES: SUBMISSIONS

 

History Note:        Authority G.S. 143‑446;

Eff. February 1, 1976;

Amended Eff. August 1, 1982; January 27, 1978;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0402          TOLERANCES

In regards to establishing tolerances providing for reasonable deviations from the guaranteed analysis statement, the following guidelines are adopted:

(1)           that, in general, a "passed" judgment on a pesticide formulation be made if the analytical results are within the following guidelines:

 

Pesticide Active Ingredient                                 Allowable Deviation

Guarantee, Percent                                                              Below Guarantee

 

<1.00                                                                      15 percent of Guarantee

1.00   ‑    19.99                                                      0.1 plus    5 percent of Guarantee

20.00   ‑ 49.99                                                      0.5 plus    3 percent of Guarantee

50.00   ‑ 100.00                                                   1.0 plus    2 percent of Guarantee

 

Additional considerations:

(a)           If a sufficient number of samples as determined by the food and drug protection division of a given product indicate that the manufacturer is not formulating the product to achieve the level of the guarantee, an administrative judgment may be made to warn the formulator against the practice of formulating products in a manner only to stay within the allowable deviation from the guarantee.

(b)           A sample result falling outside of the guidelines may not necessarily be "deficient" if one of the following factors could reasonably be expected to have contributed significantly to the off‑limits analysis:

(i)            special sampling problems, such as fertilizer‑pesticide mixtures and certain granular products;

(ii)           accuracy, specificity, reproducibility, etc., of the methods used when applied to the particular formulation;

(2)           that, allowable deviations, similar to those for "deficiencies," are not applicable to "overages." Each sample analysis will be judged individually as to whether or not the overage is excessive by using the following criteria:

(a)           no illegal residues resulting from use according to directions;

(b)           no significant additional hazard to applicator or user;

(c)           no significant damage to non‑target organisms or the environment;

(d)           stability of ingredients and the need for "over‑formulating";

(e)           accuracy, specificity, reproducibility, etc., of the methods used when applied to the particular formulation.

 

History Note:        Authority G.S. 143‑437(1); 143‑446;

Eff. February 1, 1976;

Amended Eff. November 1, 1988; August 1, 1982; January 27, 1978.

 

 

 

02 NCAC 09L .0403          PESTICIDE SAMPLING PROCEDURES

 

History Note:        Authority G.S. 143‑443; 143‑446;

Eff. February 1, 1976;

Repealed Eff. November 1, 1988.

 

 

 

 

 

SECTION .0500 ‑ PESTICIDE LICENSES

 

02 NCAC 09L .0501          CRITERIA FOR PESTICIDE DEALER

 

History Note:        Authority G.S. 143‑448; 143‑449; 143‑460(30);

Eff. February 1, 1976;

Repealed Eff. September 1, 1987.

 

 

 

02 NCAC 09L .0502          LIST OF RESTRICTED USE PESTICIDES

For the purpose of this Regulation a restricted use pesticide is:

(1)           any pesticide required by the environmental protection agency to bear the designation on its labeling "Restricted Use Pesticide";

(2)           arsenic trioxide, all formulations of which must be sold and/or purchased in accordance with additional regulations (2 NCAC 9L .1200) adopted by the North Carolina Pesticide Board;

(3)           any pesticide approved under 2 NCAC 9L .0318.

 

History Note:        Filed as an Emergency Amendment [(e)] Eff. July 8, 1977, for a Period of 176 Days to Expire on December 31, 1977;

Authority G.S. 143‑440(a),(b); 143‑441; 143‑458;

Eff. February 1, 1976;

Amended Eff. April 21, 1977;

Emergency Amendment [(e)] Expired Eff. December 31, 1977;

Amended Eff. January 1, 1990; August 1, 1982; January 1, 1979; June 30, 1978.

 

 

 

02 NCAC 09L .0503          PESTICIDE APPLICATORS

(a)  The Commissioner shall require the licensing of at least one person at each business location who must be responsible for the application of pesticides for routine pest control situations.

(b)  The person licensed as the pesticide applicator, if he personally is not directly involved in use of pesticides, shall supervise and guide the activities of all personnel applying pesticides from the business location of the licensee.

 

History Note:        Authority G.S. 143‑452; 143‑453; 143‑460(30);

Eff. February 1, 1976.

 

 

 

02 NCAC 09L .0504          DEFINITIONS

The following definitions apply to 2 NCAC 9L .0505 ‑‑ Classifications, 2 NCAC 9L .0506 ‑‑ Governmental Workers, and 2 NCAC 9L .0507 ‑‑ Categories of Consultants:

(1)           "Agricultural pest control":

(a)           Plant.  Includes pesticide applicators using or supervising the use of pesticides in production of agricultural crops, including without limiting the foregoing, tobacco, peanuts, cotton, feed grains, soybeans and forage; vegetables; small fruits; tree fruits and nuts; as well as on grasslands and non‑crop agricultural lands;

(b)           Animal.  Includes pesticide applicators using or supervising the use of pesticides on animals, including without limiting the foregoing, beef cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock, and to places on or in which animals are confined.  Doctors of veterinary medicine engaged in the business of applying pesticides for hire, publicly holding themselves out as pesticide applicators or engaged in large‑scale use of pesticides are included in this category.

(2)           "Forest pest control" includes pesticide applicators using or supervising the use of pesticides in forests, forest nurseries, and forest seed‑producing areas.

(3)           "Ornamental and turf pest control" includes pesticide applicators using or supervising the use of pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers, and turf.

(4)           "Seed treatment" includes pesticide applicators using or supervising the use of pesticides on seeds.

(5)           "Aquatic pest control" includes pesticide applicators using or supervising the use of any pesticide purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in Category (7) of this Rule.

(6)           "Right‑of‑way pest control" includes pesticide applicators using or supervising the use of pesticides in the maintenance of public roads, electric powerlines, pipelines, railway rights‑of‑way or other similar areas.

(7)           "Public health pest control" includes primarily, but is not limited to, state, federal, or other governmental employees using or supervising the use of pesticides in public health programs for the management and control of pests having medical and public health importance.

(8)           "Regulatory pest control" includes state, federal, or other governmental employees who use or supervise the use of pesticides in the control of regulated pests.

(9)           "Demonstration and research pest control" includes the following:

(a)           individuals who demonstrate to the public the proper use and techniques of application of pesticides or supervise such demonstration; and

(b)           persons who, on conducting field research with pesticides, use or supervise the use of pesticides.  Included in the first group are such persons as extension specialists and county agents, commercial representatives demonstrating pesticide products, and those individuals demonstrating methods used in public programs.  The second group includes state, federal, commercial and other persons conducting field research on or utilizing pesticides.

(10)         "Wood treatment" includes pesticide applicators using or supervising the use of restricted use pesticides in wood preservation and wood products treatment.

 

History Note:        Authority G.S. 143‑452(d); 143‑460(29); 143‑460(33);

Eff. February 1, 1976;

Amended Eff. November 1, 1984; August 1, 1982; October 27, 1979.

 

 

 

02 NCAC 09L .0505          CLASSIFICATIONS

The following classifications and subclassifications are hereby established for the licensing of pesticide applicators:

(1)           pesticide applicators and public operators utilizing ground equipment:

(a)           agricultural pest control:

(i)            plant,

(ii)           animal;

(b)           forest pest control;

(c)           ornamental and turf pest control;

(d)           aquatic pest control;

(e)           right‑of‑way pest control;

(f)            public health pest control;

(g)           regulatory pest control;

(h)           demonstration and research pest control:

(i)            agricultural pest control:

(A)          plant,

(B)          animal;

(ii)           forest pest control;

(iii)          ornamental and turf pest control;

(iv)          aquatic pest control;

(v)           right‑of‑way pest control;

(vi)          public health pest control;

(vii)         regulatory pest control;

(viii)        seed treatment;

(ix)          wood treatment;

(i)            seed treatment;

(j)            wood treatment;

(2)           pesticide applicators and public operators utilizing aerial equipment:

(a)           agricultural pest control:  plant;

(b)           forest pest control;

(c)           ornamental and turf pest control;

(d)           aquatic pest control;

(e)           right‑of‑way pest control;

(f)            public health pest control;

(g)           regulatory pest control;

(h)           demonstration and research pest control:

(i)            agricultural pest control:  plant;

(ii)           forest pest control;

(iii)          ornamental and turf pest control;

(iv)          aquatic pest control;

(v)           right‑of‑way pest control;

(vi)          public health pest control;

(vii)         regulatory pest control.

 

History Note:        Authority G.S. 143‑452(d); 143‑460(29),(33);

Eff. February 1, 1976;

Amended Eff. November 1, 1984; August 26, 1976.

 

 

 

02 NCAC 09L .0506          GOVERNMENTAL WORKERS

Persons in job classifications in the government unit or agencies listed below are required to be licensed as public operators:

(1)           North Carolina Department of Transportation, division of highway (14 divisions);

(2)           United States Department of Agriculture, Animal and Plant Health Inspection Service:

(a)           staff specialist for witchweed control,

(b)           assistant district director,

(c)           work unit supervisors,

(d)           designated inspectors who supervise pesticide applications,

(e)           witchweed methods development laboratory supervisor,

(f)            witchweed methods development assistant laboratory supervisor;

(3)           North Carolina Department of Agriculture plant industry division:

(a)           plant pest administrator,

(b)           entomological program specialist,

(c)           plant pathologist,

(d)           greenhouse manager,

(e)           area supervisors,

(f)            pest control specialists,

(g)           all plant pest inspectors who have supervision of pesticide applications as part of their job assignments;

(4)           North Carolina Department of Environment, Health, and Natural Resources, Forest Resources Division, pest control unit:

(a)           pest control foresters,

(b)           pest control staff forester,

(c)           nursery unit superintendents,

(d)           tree improvement unit technicians,

(e)           forestation unit rangers;

(5)           North Carolina Department of Environment, Health, and Natural Resources, Public Health Pest Management Section, Division of Environmental Health‑‑one medical entomologist;

(6)           County boards of health and municipal governments:

(a)           In counties where the health department employees apply all the pesticides or supervise, on a weekly or more frequent basis, the activities of all municipal employees applying pesticides, at least one county sanitarian must be licensed.

(b)           One county sanitarian and one municipal employee for each municipality must be licensed in counties where the health department personnel apply pesticides but have no direct control over municipal employees who apply pesticides.

(c)           One licensed supervisor for each municipality, sanitary district or mosquito control district must be licensed in counties where only municipal, sanitary district or mosquito control district personnel apply pesticides.

 

History Note:        Authority G.S. 143‑453(c)(1); 143‑460(33);

Eff. February 1, 1976;

Amended Eff. May 1, 1991; August 1, 1982; January 27, 1978.

 

 

 

02 NCAC 09L .0507          CATEGORIES OF CONSULTANTS

Each person acting as a pest control consultant as defined in the North Carolina Pesticide Law of 1971 is required to be licensed.  The categories requiring a license may include but are not limited to the following:

(1)           agricultural pest control:

(a)           plant,

(b)           animal;

(2)           forest pest control;

(3)           ornamental and turf pest control;

(4)           aquatic pest control;

(5)           right‑of‑way pest control;

(6)           public health pest control;

(7)           regulatory pest control;

(8)           seed treatment;

(9)           wood treatment.

 

History Note:        Authority G.S. 143‑455; 143‑460(27);

Eff. February 1, 1976;

Amended Eff. November 1, 1984; October 28, 1978; January 27, 1978.

 

 

 

02 NCAC 09L .0508          SUBCATEGORIES OF CONSULTANTS

 

History Note:        Authority G.S. 143‑455; 143‑460(27);

Eff. February 1, 1976;

Amended Eff. August 1, 1982; January 27, 1978;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0509          CONSULTANT EDUCATION REQUIREMENTS

(a)  An applicant for a pest control consultant license must possess a Ph.D., master's, or bachelor's degree in an agricultural or biological science from an accredited college or university with a minimum of 30 semester hours or 45 quarter hours of credit in subject areas pertinent to the category in which the applicant seeks to obtain a license.  Emphasis of study must include insect, plant, bacterial, and fungal pests, as applicable to the category, and integrated pest management.  As used in this Rule, "accredited college or university" means an institution that is accredited by an accrediting commission recognized by the Council on Post‑Secondary Accreditation.

(b)  The provisions of this Section shall not apply to anyone holding a valid North Carolina pest control consultant license on or before July 1, 1992.

 

History Note:        Authority G.S. 143‑455; 143‑460(27);

Eff. February 1, 1976;

Amended Eff. July 1, 1992; November 1, 1988.

 

 

 

02 NCAC 09L .0510          EXAMINATION WAIVER

02 NCAC 09L .0511          PESTICIDE LICENSES EXAMINATION REQUIREMENT

 

History Note:        Authority G.S. 143‑449(b); 143‑452(f); 143‑453(b); 143‑455;

143‑460(27),(29),(30),(33);

Eff. February 1, 1976;

Amended Eff. October 28, 1978;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0512          AGE REQUIREMENT

Each applicant for a license must be 18 years old by January 1 of the calendar year for which he has submitted an application for a license provided, however, in hardship cases persons below the age of 18 may be licensed by the Board on an individual basis when they demonstrate to the Board by written, or written and oral, examination their qualifications to sell or apply pesticides.

 

History Note:        Authority G.S. 143‑449(b); 143‑452(f); 143‑453(b); 143‑455(c);

Eff. February 1, 1976.

 

 

 

02 NCAC 09L .0513          FEES REQUIREMENT

02 NCAC 09L .0514          SCHEDULE OF EXAMINATIONS

 

History Note:        Authority G.S. 143‑449(b); 143‑452(f); 143‑453(b); 143‑455(a)(c);

Eff. February 1, 1976;

Amended Eff. August 1, 1982; October 27, 1979; January 27, 1978;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0515          RE‑EXAMINATIONS

Any applicant not passing the initial examination will be allowed to retake the examination two times for that calendar year.

 

History Note:        Authority G.S. 143‑449(b); 143‑452(f); 143‑453(b); 143‑455(c);

Eff. February 1, 1976;

Amended Eff. October 27, 1979.

 

 

 

02 NCAC 09L .0516          CONTINUANCES

Any firm, corporation, or government unit which is deprived of the services of the sole individual at an outlet who is licensed as a pesticide dealer may continue to operate in their usual manner for a maximum of two months, provided that a request for an examination appointment is directed to the food and drug protection division of the North Carolina Department of Agriculture for a designated individual within two weeks of that date when the services of their licensed pesticide dealer was terminated, and an individual is available who has worked in pesticide sales under the supervision of a licensed pesticide dealer for at least three months and which person will supervise pesticide sales during the interim period.

 

History Note:        Authority G.S. 143‑449(b);

Eff. February 1, 1976;

Amended Eff. August 1, 1982; January 27, 1978.

 

 

 

02 NCAC 09L .0517          PASSING GRADES

Passing grade for the examinations will be grade 70.

 

History Note:        Authority G.S. 143‑449(b); 143‑453(b); 143‑455(c);

Eff. February 1, 1976;

Amended Eff. September 1, 1987.

 

 

 

02 NCAC 09L .0518          FINANCIAL RESPONSIBILITY FOR PESTICIDE APPLICATORS

 

History Note:        Authority G.S. 143‑467(a) through (c);

Eff. February 1, 1976;

Repealed Eff. December 31, 1977.

 

 

 

02 NCAC 09L .0519          CERTIFICATION

(a)  Commercial pesticide applicators, public operators, and pest control consultants, as defined by the North Carolina Pesticide Law of 1971, who have successfully completed the pesticide license examination requirements of G.S. 143‑453 or 143‑455, as applicable, are certified to use or supervise the use of any restricted use pesticide, as defined by Rule .0502(1) of this Section.  Certification is valid only for those uses covered by the certified individual's certification, as defined by Rule .0504 of this Section.

(b)  The term of certification shall be five years for individuals licensed to use ground equipment and two years for individuals (contractors and pilots) licensed to use aerial equipment; however, all individuals must renew their pesticide license annually, as required in the North Carolina Pesticide Law of 1971.

 

History Note:        Authority G.S. 143‑437(1); 143‑440(b); 143‑452(a); 143‑453(c)(2); 143‑455(d);

Eff. September 10, 1980;

Amended Eff. January 1, 1990.

 

 

 

02 NCAC 09L .0520          RECERTIFICATION REQUIREMENTS

(a)  In order to insure that certified commercial pesticide applicators, public operators, and pest control consultants continue to meet the needs of changing technology necessary for the safe and effective use of pesticides, they shall be subject to recertification requirements as herein defined.

(b)  In no event will the license of a certified commercial pesticide applicator, public operator, or pest control consultant continue to be renewed annually for more than five years for individuals licensed to use ground equipment or two years for individuals (contractors and pilots) licensed to use aerial equipment unless the individual has been recertified through one of the options in Rule .0522 of this Section.

 

History Note:        Authority G.S. 143‑437(1); 143‑440(b); 143‑452(a); 143‑453(c)(2); 143‑455(d);

Eff. September 10, 1980.

 

 

 

02 NCAC 09L .0521          RECERTIFICATION CREDIT COMMITTEE

 

History Note:        Authority G.S. 143‑437(1);

Eff. September 10, 1980;

Amended Eff. August 1, 1982;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0522          RECERTIFICATION OPTIONS

(a)  Completion of approved Continuing Certification Credit Requirements in the pest control category in which the individual is certified and desires to retain certification.  A Continuing Certification Credit is defined as one hour of approved Continuing Certification Training.  Continuing Certification Training must be approved by the Board and such training may consist of grower meetings, seminars, short courses, or other presentations taught by extension pesticide personnel, or other privately or publicly sponsored training organizations approved by the Board. Continuing Certification Credit Requirements for each pest control category are as follows:

(1)           aquatic                                                  6 credits per 5‑year period

(2)           public health                                         6 credits per 5‑year period

(3)           forest                                                      6 credits per 5‑year period

(4)           right‑of‑way                                          4 credits per 5‑year period

(5)           regulatory                                              6 credits per 5‑year period

(6)           ag pest‑animal                                     6 credits per 5‑year period

(7)           ornamental and turf                           10 credits per 5‑year period

(8)           seed treatment                                     3 credits per 5‑year period

(9)           ag pest‑plant                                         10 credits per 5‑year period

(10)         demonstration and research              10 credits per 5‑year period

The Continuing Certification Credits required may consist of any combination of credits divided between training in the primary categories (1) through (9) of this Rule and training in demonstration and research.

(11)         aerial                                                                                                                                                                                                                                                                               4 credits per 2‑year period

The Continuing Certification Credits required must include one credit obtained through training in aerial methods.

(12)         wood treatment                                                                                                                                                                                                                                                             4 credits per 5‑year period

The Continuing Certification Credits established for each ground application pest control category must be obtained in at least two years of the five‑year period.

(b)  Participation in one training session conducted by extension pesticide personnel, or other approved organizations, during the recertification period, and satisfactory passing of a written comprehensive examination administered by the North Carolina Department of Agriculture personnel at the conclusion of training.

(c)  Satisfactory passing of a written comprehensive examination administered by North Carolina Department of Agriculture personnel and based on training materials which have been approved by the Board.

 

History Note:        Authority G.S. 143‑437(1); 143‑440(b); 143‑453(c)(2); 143‑455(d);

Eff. September 10, 1980;

Amended Eff. November 1, 1984.

 

 

 

02 NCAC 09L .0523          RECERTIFICATION IN ADDITIONAL CATEGORIES

(a)  Individuals desiring to retain certification in more than one pest control category must complete for each category any one of the recertification options described in Rule .0522 of this Section.

(b)  Individuals desiring to retain certification through Continuing Certification Training in more than one ground pest control category may do so upon completion of total Continuing Certification Credit Requirements in the category carrying the highest credit requirements, by completing three Continuing Certification Credits in each additional category.

(c)  Individuals desiring to retain certification through Continuing Certification Training in more than one aerial pest control category may do so upon completion of total Continuing Certification Credit Requirements in any one category, by completing one Continuing Certification Credit in each additional category.

 

History Note:        Authority G.S. 143‑437(1); 143‑440(b); 143‑453(c)(2); 143‑455(d);

Eff. September 10, 1980;

Amended Eff. October 22, 1981.

 

 

 

02 NCAC 09L .0524          EXPIRATION OF CERTIFICATION

(a)  The recertification period shall expire on June 30th.

(b)  At the direction of the Board, each certified individual will be notified 6‑9 months prior to the recertification expiration date of the individual's remaining requirements for recertification.

(c)  A certified individual who has completed none of the recertification options in Rule .0522 of this Section prior to the recertification expiration date shall be required to retake and satisfactorily pass a comprehensive license examination defined in G.S. 143‑453 or 143‑455 before a license will be reissued in any category.  This examination will be based on updated training materials approved by the Board.

(d)  No individual will be allowed to carry over any Continuing Certification Credits from one recertification period to another.

 

History Note:        Authority G.S. 143‑437(1); 143‑440(b); 143‑453(c)(2); 143‑455(d);

Eff. September 10, 1980;

Amended Eff. February 4, 1993; November 1, 1988.

 

 

 

02 NCAC 09L .0525          RECERTIFICATION OF PESTICIDE DEALERS

(a)  Pesticide dealers who have successfully completed the pesticide license examination requirements of G.S. 143‑449 are certified for a period of five years; however, all such individuals must renew their pesticide licenses annually, as required in the North Carolina Pesticide Law of 1971.

(b)  In order to insure that certified pesticide dealers continue to meet the needs of changing technology necessary for the safe and effective use of pesticides, they shall be subject to recertification requirements as herein defined.

(c)  In no event will the license of a pesticide dealer continue to be renewed annually for more than five years unless the individual has been recertified through one of the options in Rule .0526 of this Section.

 

History Note:        Authority G.S. 143‑448; 143‑449;

Eff. October 22, 1981;

Amended Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0526          PESTICIDE DEALER RECERTIFICATION OPTIONS

(a)  A pesticide dealer may be recertified by completing five approved Pesticide Dealer Continuing Certification Credits.  A Pesticide Dealer Continuing Certification Credit is defined as one hour of approved Pesticide Dealer Continuing Certification Training.  Such training must be approved by the Board and may consist of meetings, seminars, short courses, or other presentations taught by extension pesticide personnel, or other privately or publicly sponsored training organizations approved by the Board.  The Continuing Certification Credits must be obtained in at least two years of the five‑year period.

(b)  Instead of completing five certification credits, a pesticide dealer may be recertified by passing a written comprehensive examination administered by NCDA personnel and based on training materials which have been approved by the Board.

 

History Note:        Authority G.S. 143‑448; 143‑449;

Eff. October 22, 1981.

 

 

 

02 NCAC 09L .0527          EXPIRATION OF PESTICIDE DEALER CERTIFICATION

Pesticide dealers will be subject to the same certification expiration requirements as set forth in Rule .0524; Expiration of Certification.

 

History Note:        Authority G.S. 143‑448; 143‑449;

Eff. October 22, 1981.

 

 

 

02 NCAC 09L .0528          RECERTIFICATION CREDIT APPROVAL

(a)  The pesticide section shall receive requests for approval of sponsored training toward recertification, evaluate each proposed program based on criteria approved by the Board, and assign appropriate Continuing Certification Credits for each program.  Each such assignment shall be reviewable by the Board.

(b)  Continuing Certification Credit assignment shall be in increments of no less than one‑half hour.

 

History Note:        Authority G.S. 143‑437;

Eff. November 1, 1988.

 

 

 

 

 

SECTION .0600 ‑ PESTICIDE AND PESTICIDE CONTAINER DISPOSAL

 

02 NCAC 09L .0601          DEFINITIONS

The following definitions will be in effect throughout 2 NCAC 9L .0600:

(1)           "Container" means any package, can, bottle, bag, barrel, drum, tank, or other containing device (excluding spray applicator tanks) used to enclose a pesticide or pesticide‑related wastes.

(2)           "Excess pesticides" means all pesticides which cannot be legally sold or which are to be discarded.

(3)           "Pesticide‑related wastes" means all pesticide‑containing wastes or by‑products which are produced in the manufacturing or processing of a pesticide and which are to be discarded, but which, pursuant to acceptable pesticide manufacturing or processing operations, are not ordinarily a part of or contained within an industrial waste stream discharged into a sewer or the waters of the state.

(4)           "Safe disposal" means discarding pesticides or containers in a permanent manner so as to comply with these procedures and so as to avoid unreasonable adverse effects on the environment.

 

History Note:        Authority G.S. 143‑441;

Eff. February 1, 1976;

Amended Eff. December 1, 1989.

 

 

 

02 NCAC 09L .0602          DISPOSAL OF PESTICIDES

(a)  In considering disposal techniques, first preference shall be given to procedures designed to recover some useful value from excess pesticides.  Whenever possible, excess pesticide shall be used according to its labeling for the purpose originally intended.

(b)  Excess pesticides and pesticide‑related wastes shall be disposed of in accordance with labeling requirements. Note:  In addition to the requirements of these rules, disposal of excess pesticides and pesticide‑related wastes is also subject to rules adopted by the North Carolina Commission for Public Health as set forth in 15A NCAC 13A, Hazardous Waste Management, and 13B, Solid Waste Management, as applicable.

 

History Note:        Authority G.S. 143‑441;

Eff. February 1, 1976;

Amended Eff. October 1, 1991; December 1, 1989.

 

 

 

02 NCAC 09L .0603          DISPOSAL OF PESTICIDE CONTAINERS

(a)  Prior to disposal, all pesticide containers shall be thoroughly emptied, using the practices commonly employed to remove materials from that type of container; e.g., shaking, pumping, pouring, triple‑rinsing (or equivalent) and draining into the application tank.  The materials so removed shall be applied to the labeled site or otherwise disposed of in accordance with these rules.

(b)  Pesticide containers shall be disposed of in accordance with labeling requirements. Note:  In addition to the requirements of these rules, pesticide container disposal is also subject to rules adopted by the North Carolina Commission for Public Health as set forth in 15A NCAC 13A, Hazardous Waste Management, and 13B, Solid Waste Management, as applicable, and to rules adopted by the North Carolina Environmental Management Commission as set forth in 15A NCAC 2D, Air Pollution Control Requirements.

 

History Note:        Authority G.S. 143‑441;

Eff. February 1, 1976;

Amended Eff. October 1, 1991; December 1, 1989.

 

 

 

02 NCAC 09L .0604          PROHIBITED DISPOSAL PROCEDURES

No person shall dispose of any pesticide or pesticide container in any of the following manners:

(1)           in a manner inconsistent with these rules;

(2)           so as to cause or allow open dumping of pesticides or pesticide containers;

(3)           so as to cause or allow open burning of pesticides or pesticide containers;

(4)           so as to cause or allow water dumping, or ocean dumping; or

(5)           so as to violate any applicable provisions of the North Carolina Pesticide Law.

 

History Note:        Authority G.S. 143‑441;

Eff. February 1, 1976;

Amended Eff. December 1, 1989.

 

 

 

 

 

SECTION .0700 ‑ DECLARATION OF PESTS AND RESTRICTIONS ON THEIR CONTROL

 

02 NCAC 09L .0701          ORCHARD RATS

The North Carolina Pesticide Board hereby declares as a pest pine voles [Pitymys (or Microtus) Pinetorum] and meadow voles (Microtus pennsylvanicus), (commonly called orchard rats) on or immediately adjacent to  cultivated land; forest plantations; ornamentals nurseries; orchards; or horticultural plantings in institutional, recreational, and residential areas.

 

History Note:        Authority G.S. 143‑444(1);

Eff. February 1, 1976;

Amended Eff. March 1, 1993.

 

 

 

02 NCAC 09L .0702          RESTRICTIONS CONCERNING CONTROL OF ORCHARD RATS

Pesticides used to control these species must be applied so as to minimize the hazards to nontarget species and that the use of endrin be confined to the period after harvest and before apple trees break dormancy in spring.

 

History Note:        Authority G.S. 143‑458;

Eff. February 1, 1976.

 

 

 

02 NCAC 09L .0703          GULLS

The North Carolina Pesticide Board hereby declares as a pest gulls (members of the genus Larus) on or near airport runways when they occur in such manner as to endanger air traffic.

 

History Note:        Authority G.S. 143‑444(1);

Eff. February 1, 1976.

 

 

 

02 NCAC 09L .0704          RESTRICTIONS CONCERNING CONTROL OF GULLS

Use of pesticides against gulls at airports shall be used only under specific permit to be issued for a period of not more than 12 months by the North Carolina Pesticide Board for specified airports and for the use of specified pesticides.

 

History Note:        Authority G.S. 143‑458;

Eff. February 1, 1976.

 

 

 

02 NCAC 09L .0705          RESTRICTIONS CONCERNING CONTROL OF PIGEONS

The North Carolina Pesticide Board hereby establishes the following restrictions concerning the use of pesticides in controlling the pigeon (rock dove) Columba livia:

(1)           that only materials registered for this purpose be used in accordance with directions on the label;

(2)           that the pesticides be distributed in such a manner as to minimize hazard to non‑target species, and that all unconsumed bait which is not in protected bait stations be picked up within one week;

(3)           that in municipalities dead birds be picked up and disposed of by incineration or buried at intervals not to exceed 24 hours.

 

History Note:        Authority G.S. 143‑458;

Eff. February 1, 1976.

 

 

 

02 NCAC 09L .0706          RED‑WINGED BLACKBIRD

(a)  The North Carolina Pesticide Board hereby declares the red‑winged blackbird, agelaius phoeniceus (linnaeus) to be a pest as provided for by law.

(b)  Pesticides registered for use to control the red‑winged blackbird may be used when it is committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers or manner as to constitute a health hazard or other nuisance.

 

History Note:        Authority G.S. 143‑444(1); 143‑458;

Eff. July 11, 1976.

 

 

 

 

 

SECTION .0800 ‑ BULK DISTRIBUTION OF PESTICIDES

 

02 NCAC 09L .0801          PROPRIETORSHIP

02 NCAC 09L .0802          NOTIFICATION PRIOR TO DELIVERY

02 NCAC 09L .0803          STORAGE TANK SPECIFICATIONS

02 NCAC 09L .0804          LABELING REQUIREMENTS

02 NCAC 09L .0805          RECORD REQUIREMENTS

02 NCAC 09L .0806          LOCATION REQUIREMENTS

02 NCAC 09L .0807          SAFETY REQUIREMENTS

02 NCAC 09L .0808          NOTIFICATION OF STORAGE TANK REQUIREMENTS

02 NCAC 09L .0809          COMPLIANCE REQUIREMENTS

 

History Note:        Authority G.S. 143-434 through 143-470;

Eff. February 1, 1976;

Amended Eff. August 1, 1982; January 27, 1978; April 21, 1977;

Repealed Eff. April 1, 2009.

 

02 NCAC 09L .0810          ADOPTION BY REFERENCE

The North Carolina Pesticide Board hereby adopts by reference, including subsequent amendments, Part 165 of Title 40: Protection of Environment of the Code of Federal Regulations, entitled "Pesticide Management and Disposal Subpart E –Standards for Pesticide Containment Structures." Copies of this material may be obtained at no cost from the U.S. Government Printing Office website, www.gpoaccess.gov/cfr/index.html.

 

History Note:        Authority G.S. 143-441; 143-461;

Eff. April 1, 2009.

 

SECTION .0900 ‑ FORMS

 

02 NCAC 09L .0901          DESIGNATIONS

The forms used by the pesticide section of the food and drug protection division will be known by the following title and numerical designations:

(1)           Registration Information Letter‑‑Form PC‑400;

(2)           Official Report Transcript‑‑Form PC‑402;

(3)           Farm Inspection, Pesticide Use Sample‑‑Form PC‑403;

(4)           Incident Investigation Report‑‑Form PC‑404;

(5)           Application for Pesticide Dealer's License‑‑Form PC‑405;

(6)           Application for Pesticide Applicator's License‑‑Form PC‑406;

(7)           Application for Aerial Pesticide Applicator's License (Pilot)‑‑Form PC‑408;

(8)           Application for Aerial Pesticide Applicator's License (Contractor)‑‑Form PC‑409;

(9)           Application for Public Operator's  (Pesticide  Applicator) License‑‑Form PC‑411;

(10)         Application for Pest  Control  Consultant's  License‑‑Form PC‑412;

(11)         Inspection Report of  Aerial  Application  Equipment‑‑Form PC‑413.

(12)         Application for Registration of Pesticide and/or Product Data Sheet‑‑Form PC‑414;

(13)         Application for Renewal of Pesticide Registrations‑‑Form PC‑415;

(14)         Pesticide Registration Certification‑‑Form PC‑416;

(15)         Contingency Plan for Pesticide Storage‑‑Form PC‑417.

 

History Note:        Authority G.S. 143‑461;

Eff. February 1, 1976;

Amended Eff. November 1, 1988; January 1, 1984; August 1, 1982; November 30, 1978.

 

 

 

02 NCAC 09L .0902          FORM PC‑400

 

History Note:        Authority G.S. 143‑461;

Eff. February 1, 1976;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0903          FORM PC‑401

 

History Note:        Authority G.S. 143‑442; 143‑461;

Eff. February 1, 1976;

Repealed Eff. November 30, 1978.

 

 

 

02 NCAC 09L .0904          FORM PC‑402

02 NCAC 09L .0905          FORM PC‑403

02 NCAC 09L .0906          FORM PC‑404

02 NCAC 09L .0907          FORM PC‑405

02 NCAC 09L .0908          FORM PC‑406

02 NCAC 09L .0909          FORM PC‑407

02 NCAC 09L .0910          FORM PC‑408

02 NCAC 09L .0911          FORM PC‑409

02 NCAC 09L .0912          FORM PC‑410

02 NCAC 09L .0913          FORM PC‑411

02 NCAC 09L .0914          FORM PC‑412

02 NCAC 09L .0915          FORM PC‑413

02 NCAC 09L .0916          COPIES AND SUBMISSIONS OF FORMS

 

History Note:        Authority G.S. 143‑446; 143‑448(b); 143‑450; 143‑452; 143‑454; 143‑455;

143‑460(27),(29),(30,(33); 143‑461; 143‑466; 143‑467;

Eff. February 1, 1976;

Amended Eff. August 1, 1982; January 27, 1978;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0917          FORM PC‑414

02 NCAC 09L .0918          FORM PC‑415

02 NCAC 09L .0919          FORM PC‑416

 

History Note:        Authority G.S. 143‑442; 143‑461;

Eff. November 30, 1978;

Amended Eff. August 1, 1982; January 29, 1979;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .0920          FORM PC‑417

 

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

Eff. January 1, 1984;

Repealed Eff. November 1, 1988.

 

 

 

 

 

SECTION .1000 ‑ AERIAL APPLICATION OF PESTICIDES

 

02 NCAC 09L .1001          DEFINITIONS

All specific words or terms used in this Section shall have the same definitions as shown in the North Carolina Pesticide Law of 1971, G.S. 143‑460, or unless the context otherwise requires, other definitions shall be:

(1)           Agricultural Aircraft Operation.  The operation of an aircraft for the purpose of dispensing any pesticide directly affecting agriculture, horticulture, forest preservation, or for any other pest control operation;

(2)           Adverse Effect.  Personal injury, damage to personal property, damage to real property, damage to the environment or any combination of these;

(3)           Aircraft.  A weight‑carrying structure for navigation of the air that is supported either by its own buoyancy or by the dynamic action of the air against its surfaces;  This shall include either fixed‑wing or rotary‑wing aircraft;

(4)           Congested Areas.  The same meaning as described in Federal Aviation Regulations (F.A.R.), Part 137;

(5)           Contractor.  Any person who owns or manages an aerial application business which is engaged in the custom application of pesticides;

(6)           Custom Application.  Any application of pesticides by aircraft for which service a payment is made;

(7)           Drift.  The airborne movement of pesticides resulting from the application of pesticides such as to carry the pesticides beyond the target area;

(8)           Emergency.  An occurrence which can impair public health, safety or result in injury, damage, or loss of life which calls for immediate action;  An emergency may be minor or of such magnitude as to create a disaster;

(9)           Environment.  Water, air, land and all plants and man and other animals living therein and the interrelationships which exist among these;

(10)         F.A.R.‑137.  Federal Aviation Regulations Volume VII, Part 137, as amended through September 10, 1980, relating to agricultural aircraft operations;

(11)         Pilot.  The person in control of the aircraft during the application of a pesticide;

(12)         Registered Apiary‑‑an apiary registered with the North Carolina Department of Agriculture;

(13)         Respirator.  A respirator or mask of a type that has been tested by the National Institute of Occupational Safety and Health and found to be satisfactory for protection against the particular pesticide being used;

(14)         Spray Equipment.  The equipment used for spraying liquid mixtures of pesticides in an agricultural aircraft operation;

(15)         Target Area.  Intended site of pesticide application;

(16)         Toxicity Category I Pesticides.  Any pesticide products which are required to display the signal word "Danger" prominently on the label.

 

History Note:        Authority G.S. 143‑458; 143‑463;

Eff. July 2, 1976;

Amended Eff. January 1, 1985.

 

 

 

02 NCAC 09L .1002          GENERAL REQUIREMENTS

(a)  All agricultural aircraft operations in North Carolina shall comply with the Federal Occupational Safety and Health Act of 1971 (OSHA), the North Carolina Occupational Safety and Health Law, all regulations promulgated thereunder and the Federal Aviation Regulations part 137. In any case of conflict, a provision of the aforenamed authorities takes precedence over any of these Rules.

(b)  Each aerial application business shall have a licensed contractor. The contractor shall be responsible for the compliance of the business with the North Carolina Pesticide Law of 1971 and all regulations promulgated thereunder except where the responsibility is specifically designated to another person(s) by these Rules.

(c)  All agricultural aircraft operations (pilot or contractor) shall keep a written record to be completed within 72 hours after each application.  This requirement must be fulfilled as soon as requested by an employee of the Pesticide Section for the purposes of a pesticide incident investigation. For pesticides covered under the Worker Protection Standards for Agricultural Pesticides, 02 NCAC 09L .1800, such records must be completed in accordance with 02 NCAC 09L .1807(b).  The record shall show the following:

(1)           name of contractor;

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

(3)           identification of farm or land sites treated with pesticide(s);

(4)           name of crop which was treated;

(5)           total number of acres treated;

(6)           the year, month, date, and the specific time of day when each pesticide application was completed;

(7)           the brand name of the pesticide(s) and EPA registration number;

(8)           amount of formulated product or active material applied per acre (must specify);

(9)           total gallons or pounds per acre of the final tank mix applied per acre;

(10)         name of pilot;

(11)         signature of person completing this record.

(d)  Each day of application shall be recorded as a separate record.

(e)  The pilot shall, prior to application, learn and confirm:

(1)           the boundaries and exact location of the target area(s);

(2)           the identity of nontarget areas and safety hazards located on or adjacent to the target areas.

(f)  Spray and spreading equipment shall be rinsed after each agricultural aircraft operation except when the next agricultural aircraft operation will be made using the same pesticide, or if another pesticide, one which by its manufacturer's recommendations is compatible with that previously in the equipment, and will not result in any adverse effects or illegal residues.  Rinsing shall be conducted in an area where an environmental hazard will not be created by the drainage or disposal of waste materials and conducted with methods which will not create an environmental or human hazard.

(g)  During application, the flow and mixture of the pesticide(s) shall be uniform.  Pilots and contractors shall utilize equipment which will maintain a uniform mixture and flow during application.

(h)  Pilots and contractors shall use and operate, in any agricultural aircraft operation, aircraft equipped with spray or spreading equipment suited, according to its manufacturer's recommendations for the pesticide(s) to be applied.  All aerial spray or spreading equipment shall be free of leaks and shall have a positive shutoff system to prevent leaking and dissemination of pesticides on any nontarget areas over which the flight is made.  Such equipment shall not allow spillage, dripping and backflow or create a hazard from vapors or drift.

(i)  The loading area shall be kept reasonably free of pesticide contamination.

(j)  No pesticide(s) shall be applied by an aerial applicator while any persons other than those assisting in the application are in the target area.

(k)  The shape of the tank or hopper of the spray or spreading equipment shall be such as to allow complete drainage during flight and on ground.

(l)  The contractor or pilot shall immediately notify the Secretary of the Board, or designated alternate, of any emergency or accidental release of pesticide(s) from the application or auxiliary equipment.  They shall provide the following information:

(1)           the name of the pilot;

(2)           the contractor involved;

(3)           the name of the property owner or operator;

(4)           the location of the incident;

(5)           the name of the pesticide;

(6)           the estimated amount of pesticide involved;

(7)           the estimated size of the area that received the spill;

(8)           the description of what is located within 300 feet from the edge of the spill in all directions;

(9)           the number of humans or animals known to have been contaminated;

(10)         the weather conditions at the site of the emergency or accidental release of pesticide(s).

 

History Note:        Authority G.S. 143‑458; 143‑463; 143‑466;

Eff. July 2, 1976;

Amended Eff. May 1, 2009; February 1, 1989; January 1, 1985; August 1, 1982.

 

02 NCAC 09L .1003          DRIFT CONTROL

No person shall apply a pesticide(s) aerially under such conditions that drift from pesticide(s) particles or vapors results in adverse effect.  As a minimum, the following precautions shall be taken:

(1)           Fixed nozzles shall be spaced on the boom to afford a uniform spray pattern at the height the aircraft will be flown.

(2)           All pesticides applied aerially as liquids, in liquid carriers, or as dusts shall be released within 15 feet above the canopy of the target, except where obstructions in or adjacent to the target would endanger the safety of the pilot while applying pesticides at that altitude.

(3)           All pesticides applied aerially as dry granules or pellets shall be released within 40 feet above the canopy of the target, except where obstructions in or adjacent to the target would endanger the safety of the pilot while applying pesticides at that altitude.

(4)           All applications of the following liquid pesticide formulations shall be made using a D4 or larger disk with a 46 whirlplate with the discharge directed with the airstream or not more than 10 degrees below the horizontal, and operated at a maximum pressure of 40 pounds per square inch, or a system producing a droplet size range not smaller than the above system, except for rotary‑wing aircraft flying at speeds of 60 mph or less, in which case the nozzles may be directed downward:

(a)           phenoxy herbicides,

(b)           paraquat,

(c)           picloram (Tordon),

(d)           dicamba.

(5)           Restricted use pesticides other than those specified in (4) of this Rule shall be applied as follows:

(a)           use a D4 or larger disk with a 45 whirlplate with the discharge directed with the airstream or not more than 10 degrees below the horizontal, and operated at a maximum pressure of 40 pounds per square inch; or

(b)           a system producing a droplet size range not smaller than the above system, except for rotary‑wing aircraft flying at speeds of 60 mph or less, in which case the nozzles may be directed downward; or

(c)           use a boom with outside nozzles placed no closer to the wingtips than 12‑1/2 percent of the total wingspan distance.  If the length of the boom of the spraying equipment exceeds the nozzle span, a bleeder line shall be provided from the end of the boom to the last nozzle on the boom.

 

History Note:        Authority G.S. 143‑458; 143‑463;

Eff. July 2, 1976;

Amended Eff. January 1, 1985.

 

 

 

02 NCAC 09L .1004          HANDLING AND LOADING OF PESTICIDES

(a)  Pilots or employees handling or loading toxicity category I pesticides shall wear approved respirators.  Filters and cartridges in respirators shall be changed according to the manufacturer's recommendation.

(b)  Pilots or employees handling or loading toxicity category I pesticides shall wear freshly laundered protective clothing and shall bathe and change such clothing daily or sooner if the situation warrants.

(c)  Pilots or employees handling or loading toxicity category I pesticides shall wear chemical‑resistant gloves and boots or overshoes, in good condition.

(d)  Aircraft cockpits shall be kept clean.

(e)  If a toxicity category I pesticide contacts the skin of any person during any part of the agricultural aircraft operation, the person shall wash or be washed immediately, thoroughly with detergent and water and clothing replaced with clean clothing.  Detergent and water adequate for personal washing shall be available at the pesticide loading site.  They must also be available at any pesticide handling site which is separated geographically from the loading site.

 

History Note:        Authority G.S. 143‑458; 143‑463;

Eff. July 2, 1976;

Amended Eff. January 1, 1985.

 

 

 

02 NCAC 09L .1005          RESTRICTED AREAS

(a)  No pesticide shall be applied by aircraft within the limits of any congested area except when permission is granted under F.A.R.‑137.

(b)  No pesticide shall be deposited by aircraft within 300 feet of the premises of schools, hospitals, nursing homes, churches, or any building (other than a residence) which is used for business or social activities if either the premises or the building is occupied by people.

(c)  No pesticide shall be deposited by aircraft on the right‑of‑way of a public road or within 25 feet of the road, whichever is the greater distance.

(d)  No pesticide labeled toxic or harmful to aquatic life shall be deposited in or near any body of water in such a manner as to be hazardous to aquatic life unless such aquatic life is the intended target of the pesticide.

(e)  No pesticide shall be deposited within 100 feet of any residence.

(f)  No pesticide shall be deposited onto any nontarget area in such a manner that it is more likely than not that adverse effect will occur.

 

History Note:        Authority G.S. 143‑458;

Eff. July 2, 1976;

Amended Eff. July 1, 1988; January 1, 1985; December 1, 1976.

 

 

 

02 NCAC 09L .1006          EXEMPTIONS

No person or procedure or spraying and spreading system for aerial application of pesticides shall be exempt from any of the provisions of this Section except under these conditions:

(1)           During an emergency proclaimed by the commissioner, specific aerial applicators may, on a temporary basis, be exempted from all, or from specific regulations by the commissioner.

(2)           The Pesticide Board may authorize exemptions:

(a)           from specific regulations for specific aerial applications when deemed appropriate,

(b)           from specific regulations for an aerial applicator applying pesticides while engaged in experimental work for or under the direct supervision of a public agency or while engaged in experimental work for a private individual or person.

(3)           Any state, federal or public agency or aerial applicator under contractural agreement with and under supervision of such an agency when conducting a pest control operation may be exempted from 2 NCAC 9L .1002(i), General Requirements, and 2 NCAC 9L .1005(b) through (e), Restricted Areas, provided that, at least 30 days prior to the proposed initiation of the subject operation they present to the Pesticide Section, a complete description of the operation which meets or exceeds the following standards:

(a)           Project Description.  The application shall include all of the following:

(i)            explanation of why the project is needed;

(ii)           identification of target pest or pests;

(iii)          map showing treatment area;

(iv)          total acreage to be treated;

(v)           proposed dates of application (range).

(b)           Description of the Pesticide.  The application shall contain a description of the pesticide(s) proposed for use under the exemption.  Such information shall include:

(i)            a statement that the pesticide product(s) proposed for use carries current state and federal registration and are currently labeled for the proposed use.  Include EPA registration number for each pesticide;

(ii)           Material Safety Data Sheet (MSDS).  Include an MSDS for each pesticide proposed for use;

(iii)          a statement specifying the composition of the final spray mixture to be applied to the target area.  Identify any diluent(s), adjuvant(s), or other materials to be used with the pesticide(s) in the final spray mixture.

(c)           Aircraft Information.  The description shall include the following:

(i)            identification of type(s) of aircraft proposed for use (fixed wing, helicopter, etc.);

(ii)           identification of equipment specifications.

(d)           Environmental Evaluation.  The description shall include the following:

(i)            identify or map any hospitals, schools, nursing homes, watersheds, and any other sensitive areas in or near the proposed treatment area;

(ii)           list any rare, threatened, or endangered species in the proposed treatment area and describe measures (if any) to lessen adverse environmental impacts to such species or their habitat from the proposed treatment(s);

(iii)          describe alternative methods of pest control (options).  A no treatment alternative should be included.  Describe probable environmental consequences of each alternative;

(iv)          describe measures (if any) to mitigate the adverse environmental impacts of the proposed project.

(e)           Notification and Public Input Plan.  The application shall contain the following:

(i)            Preliminary Notification:

(A)          For small projects (less than 50 acres or fewer than 20 landowners) individual notification (personal contact or mailings) may be used.  This notification shall include the information in criteria (a) through (c);

(B)          For larger projects, the news media (radio, TV, newspapers) may be used for preliminary notification.  A public meeting may also be used as a preliminary notification tool.  This notification shall include the information in criteria (a) through (c);

(ii)           Input Plan.  There should be a plan for allowing public input about the project prior to the final choice of the course of action to be taken;

(iii)          Operational Notification.  After a decision is made on the course of action to be taken on the project, the people affected by the project should be informed of the decision.  On small projects this may be done on an individual basis.  On larger projects the news media would be an appropriate avenue of notification;

(iv)          A contact person and telephone number shall be listed in the public notice;

(v)           Evacuation Plan.  For persons concerned about the project because of health reasons, there should be a notification procedure so they may leave the treatment area while the project is underway.

The Pesticide Section shall either approve, disapprove, or refer to the North Carolina Pesticide Board all applications for exemption.

(4)           Any local health director or aerial applicator licensed under the subcategory of public health pest control, under supervision of such local health director when conducting a control operation for disease vectors or other pest of public health significance shall be exempted from 2 NCAC 9L .1002(i), General Requirements; .1003, Drift Control; and .1005(b) through (e), Restricted Areas, provided such local health director or his authorized designee notifies the secretary of the Board prior to initiation of subject operation and submits the following information:

(a)           name of aerial applicator or contractor,

(b)           location and general description of operation area(s),

(c)           identity of target pest(s),

(d)           brand name(s) and EPA registration number(s) of the pesticide(s) to be used,

(e)           scheduled date(s) of application(s), and

(f)            outline of nature of operation.

Approved pesticide(s) shall be applied in compliance with label requirements.

 

History Note:        Authority G.S. 143‑458; 143‑461(1),(2),(5); 143‑463;

Eff. July 2, 1976;

Amended Eff. October 1, 1988; January 1, 1985; August 1, 1982; July 21, 1978.

 

 

 

02 NCAC 09L .1007          EMERGENCY EXEMPTION: PAMLICO COUNTY: MOSQUITOES

 

History Note:        Filed as an Emergency Regulation Eff. September 30, 1977, for a Period of 20 Days to Expire  on October 20, 1977;

Authority G.S. 143‑458;

Expired Eff. October 20, 1977.

 

 

 

02 NCAC 09L .1008          EMERGENCY EXEMPTION: BEAUFORT COUNTY: MIDGES

 

History Note:        Filed as an Emergency Regulation Eff. July 17, 1978, for a Period of 30 Days to Expire on

August 16, 1978;

Authority G.S. 143‑458; 143‑461;

Expired Eff. August 16, 1978.

 

 

 

02 NCAC 09L .1009          NOTIFICATION OF APIARIES

Any person who hires the services of an aerial applicator to apply a pesticide labeled as toxic to bees, shall notify, based on available listings of registered apiaries, the owner or operator of any registered apiary located within one‑half mile of the target area not less than twenty‑four hours nor more than ten days prior to the beginning of a single application or a seasonal spray schedule, giving the approximate time of day of application and type of pesticide to be used.  Notification may be either oral or written.  Notification for the purposes of this Paragraph is defined as follows:

(1)           written communication by:

(a)           U.S. mail,

(b)           Notification left at residence, or

(c)           Notification left at alternate as designated on the honeybee registration list.

(2)           oral communication by:

(a)           telephone,

(b)           personal communication, or

(c)           verbal communication with an alternate as designated on the honeybee registration list.

The Pesticide Section will distribute new registrations of beekeepers and their alternates by U.S. mail on the first of each quarter (January 1, April 1, July 1, and October 1) to all farmers growing crops within one‑half mile of the apiaries that are identified on the "Apiary Registration Form" of the Plant Industry Division.  The list of revised registered apiaries will become effective on the fifth day of the first month in the quarter stated in this Rule.  The registration of apiaries shall be effective for the calendar year that they are registered.

 

History Note:        Authority G.S. 143‑458; 143‑463; 143‑466;

Eff. January 1, 1985.

 

 

 

 

 

SECTION .1100 - PRIVATE PESTICIDE APPLICATOR CERTIFICATION

 

02 NCAC 09L .1101          CERTIFICATION

 

History Note:        Authority G.S. 143‑440;

Eff. October 21, 1977;

Amended Eff. August 1, 1987;

Repealed Eff. October 1, 2002.

 

02 NCAC 09L .1102          DEFINITIONS

(a)  Certified applicator‑any individual who is certified to use or supervise the use of any restricted use pesticide.

(b)  Private pesticide applicator‑a person who uses or supervises the use of any restricted use pesticide under the following conditions:

(1)           for the purpose of producing any agricultural commodity on property owned or rented by him or his employer, or

(2)           if applied without compensation other than the trading of personal services between producers of agricultural commodities on the property of another person.

(c)  Private pesticide applicator certification standards review‑a comprehensive training session designed to advance a private pesticide applicator's practical knowledge in areas such as the pest problems and pest control practices associated with agricultural operations; proper storage, use, handling, and disposal of pesticides and their containers; labels and labeling information; local environmental situations that must be considered during application to avoid contamination; recognition of poisoning symptoms and procedures to follow in case of a pesticide accident; protective clothing, equipment, and other appropriate worker protection standards; appropriate federal and state pesticide laws and regulations and the applicator's related legal responsibility; current agricultural production‑related pesticide technology; and sources of advice and guidance necessary for the safe and proper use of each pesticide related to his/her certification. These training sessions will be taught by Cooperative Extension Service pesticide training agents or other individuals approved by the Board.

(d)  Continuing certification credit‑one hour of continuing certification training.  Continuing certification training must be approved by the Board.  Such training may be offered during grower meetings, seminars, short courses, or other Board-approved presentations taught by Cooperative Extension Service pesticide training agents, or other privately or publicly sponsored training organizations.  Private applicators may also earn continuing certification credits by attending approved training sessions for which credit has been assigned in the following commercial categories:

(1)           aquatic;

(2)           agricultural pest - animal;

(3)           agricultural pest - plant;

(4)           ornamentals and turf;

(5)           forest; and

(6)           seed treatment,

as defined in 02 NCAC 09L .0505(1)(a) through (1)(h).

 

History Note:        Authority G.S. 143‑440;

Eff. December 1, 1976;

Amended Eff. October 1, 2002; November 1, 1988; July 1, 1987; February 5, 1978; April 20, 1977.

 

02 NCAC 09L .1103          CERTIFICATION EXAMINATION

Beginning on October 1, 2002, an applicant for an initial private pesticide applicator's certification must demonstrate by written examination his/her knowledge of pesticides, their usefulness and their hazards; his/her competence to act as a private pesticide applicator; and his/her knowledge of the laws and rules governing the use and application of pesticides by private pesticide applicators.  Passing grade shall be 70 percent or more.

 

History Note:        Authority G.S. 143‑440;

Eff. December 1, 1976;

Amended Eff. October 1, 2002; July 1, 1987; February 5, 1978.

 

02 NCAC 09L .1104          SINGLE PURCHASE EMERGENCY CERTIFICATION PERMIT

(a)  For emergency certification of any applicant who has not previously been certified and did not anticipate need for a restricted use pesticide, a 10‑day permit can be issued by his resident county agricultural extension service pesticide coordinator authorizing the purchase and use of one restricted use pesticide for one application to a crop or site.  Prior to issuance of the permit the resident county agricultural extension service pesticide coordinator shall:

(1)           provide the applicant with a training manual and information relative to obtaining full private pesticide applicator certification, and

(2)           discuss with the applicant proper use of the restricted use pesticide.

(b)  If the individual requires further use of restricted use pesticides, he must complete one of the certification options explained in Rule .1103 of this Section.

(c)  The agricultural extension service pesticide coordinator shall keep a copy of the permit provided by the North Carolina Department of Agriculture which contains the following information:

(1)           name and address of the applicant,

(2)           name and amount of restricted use pesticide,

(3)           crop or site to be treated, and

(4)           date the permit was issued.

Copies of the permits will be available for review on an as‑needed basis by the North Carolina Department of Agriculture.

 

History Note:        Authority G.S. 143‑440;

Eff. December 1, 1976;

Amended Eff. August 26, 1977.

 

 

 

02 NCAC 09L .1105          APPLICATIONS UNDER SUPERVISION OF CERTIFIED APPLICATOR

(a)  "Under the direct supervision of" shall include the receipt by the non‑certified applicator of verifiable specific and individual job or work assignments and instructions from the certified applicator under whose direct supervision and control the non‑certified applicator is functioning prior to the use and application of a restricted use pesticide. In other situations as required by the label, the actual physical presence of a certified applicator may be required when application is made by a non‑certified applicator.

(b)  Application of restricted use pesticide may be made by non‑certified applicators provided such applicator is a competent person(s) acting under the direct supervision of a certified applicator whose certification permits such application.

(c)  The certified applicator acting in a supervisory role shall be available to the non‑certified applicator in the event he is needed.  It shall be the responsibility of the certified applicator to keep the non‑certified applicator fully aware of all directions for use and cautions necessary for safe use and application of any restricted use pesticide he may be directed to apply.

(d)  All non‑certified applicators applying any restricted use pesticide under the direct supervision of a certified applicator shall have available at the application site or at the loading and mixing site, if different from the application site, the following:

(1)           detailed written or printed directions for applying the restricted use pesticide (pesticide product label may suffice);

(2)           detailed written or printed instructions describing procedures to be followed in order to prevent injury to the applicator, other persons and/or unreasonable adverse effects on the environment (pesticide product label may suffice); and

(3)           detailed instructions for contacting the certified applicator under whose supervision the non‑certified applicator is working (i.e., name, location, telephone number, radio contact, etc.);  Such instructions, when followed, shall result in direct communication with the certified applicator.

 

History Note:        Authority G.S. 143‑440;

Eff. December 1, 1976;

Amended Eff. February 5, 1978.

 

 

 

02 NCAC 09L .1106          RECERTIFICATION

 

History Note:        Authority G.S. 143‑440;

Eff. December 1, 1976;

Repealed Eff. October 1, 2002.

 

02 NCAC 09L .1107          AGE LIMITATIONS

Individuals who wish to be certified as private pesticide applicators must be 16 years old prior to participating in a certification option or being issued a single purchase permit under the emergency certification procedure; however, in hardship cases individuals below the age of 16 may be licensed by the Board on an individual basis when they demonstrate to the Board by written, or written and oral examination their qualifications as a private pesticide applicator.

 

History Note:        Authority G.S. 143‑440;

Eff. December 1, 1976.

 

02 NCAC 09L .1108          TERM OF CERTIFICATION; RECERTIFICATION

(a)  The term of certification shall be for a period of three years.

(b)  In order to be recertified as a private pesticide applicator without a written examination, a person must complete two hours of private pesticide applicator certification standards review, plus two continuing certification credit hours, as defined in 02 NCAC 09L .1102(d).

 

History Note:        Authority G.S. 143‑440;

Eff. July 1, 1987;

Amended Eff. October 1, 2002.

 

02 NCAC 09L .1109          CONTINUING CERTIFICATION

 

History Note:        Authority G.S. 143‑440;

Eff. July 1, 1987;

Repealed Eff. October 1, 2002.

 

02 NCAC 09L .1110          RECERTIFICATION BY EXAMINATION

(a)  A certified private pesticide applicator who has not completed the continuing certification requirements in 02 NCAC 09L .1108 on or before September 30 of the year of certification expiration must pass a comprehensive examination administered by the North Carolina Department of Agriculture and Consumer Services, in order to renew his/her certification.

(b)  No individual will be allowed to carry over any continuing certification credits from one recertification period to another.

 

History Note:        Authority G.S. 143‑440;

Eff. July 1, 1987;

Amended Eff. October 1, 2002.

 

02 NCAC 09L .1111          CERTIFICATION/RECERTIFICATION FEE

A nonrefundable fee of ten dollars ($10.00) shall be required for private pesticide applicator certification or recertification.

 

History Note:        Authority G.S. 143-440(b);

Temporary Adoption Eff. October 1, 1987, for a Period of 180 Days to Expire on

March 29, 1988;

Eff. March 1, 1988;

Amended Eff. May 1, 2010.

 

SECTION .1200 ‑ ARSENIC TRIOXIDE

 

02 NCAC 09L .1201          RESTRICTIONS ON USE AND STORAGE

All pesticide formulations containing the active ingredient arsenic trioxide shall not be used or stored inside or in the immediate vicinity of any building used as a human dwelling.

 

History Note:        Authority G.S. 143‑440(b); 143‑441;

Eff. April 21, 1977.

 

 

 

02 NCAC 09L .1202          PESTICIDE DEALER AND PURCHASER RESPONSIBILITY

The pesticide dealer shall secure the signature of the purchaser attesting to the fact that such purchaser has knowledge of the use restrictions on arsenic trioxide contained herein; provided, however, that any licensed pesticide applicator under the authority of G.S. 143‑452 or G.S. 106‑65.25 may use such formulations containing arsenic trioxide in or around human dwellings provided such use is performed in a manner consistent with the product label and limits access to the pesticide by children.

 

History Note:        Authority G.S. 143‑440(b); 143‑441; 143‑466;

Eff. April 21, 1977;

Amended Eff. November 1, 1988.

 

 

 

02 NCAC 09L .1203          EXEMPTION OF LICENSED PESTICIDE APPLICATOR

 

History Note:        Authority G.S. 143‑440(b); 143‑441;

Eff. April 21, 1977;

Repealed Eff. November 1, 1988.

 

 

 

 

 

SECTION .1300 ‑ AVAILABILITY OF RESTRICTED USE PESTICIDES

 

02 NCAC 09L .1301          DEFINITIONS

(a)  The term "end use" as used in this Section means those activities attendant to the application of a pesticide to a site.

(b)  All other specific words or terms used in this Regulation shall have the same definition or meaning as shown in the North Carolina Pesticide Law of 1971, G.S. 143‑460 and regulations thereunder, and the North Carolina Structural Pest Control Law, G.S. 106‑65.24 and regulations thereunder.

 

History Note:        Authority G.S. 143‑440; 143‑463;

Eff. August 26, 1977;

Amended Eff. November 1, 1988; February 5, 1978.

 

 

 

02 NCAC 09L .1302          GENERAL REQUIREMENTS

It shall be unlawful for any person to make available for use to any person other than a certified private applicator, licensed pesticide applicator, certified structural pest control applicator or structural pest control licensee, any restricted use pesticide.

 

History Note:        Authority G.S. 143‑440; 143‑463;

Eff. August 26, 1977;

Amended Eff. February 5, 1978.

 

 

 

02 NCAC 09L .1303          EXEMPTIONS

(a)  Restricted use pesticides may be made available to an employee under the supervision of a certified private or licensed pesticide applicator, certified structural pest control applicator, or structural pest control licensee provided the employee is acting under the direction and supervision of said applicators or licensees and provided further that said employee is 16 years of age or older.

(b)  This exemption applies to restricted use pesticides in channels of trade prior to making them available for end use.

(c)  Prior to making available restricted use pesticides to an employee under the supervision of a certified private applicator, licensed pesticide applicator, certified structural pest control applicator, or structural pest control licensee, all persons shall require the employee to sign his name and list the certification number of employer under whose direction and supervision the employee is acting.  Such information shall be available for routine inspection by the North Carolina Pesticide Board or its agent.

 

History Note:        Authority G.S. 143-437; 143‑440; 143‑466;

Eff. August 26, 1977;

Amended Eff. November 1, 1988; February 5, 1978;

Temporary Amendment Eff. November 1, 2001;

Amended Eff. August 1, 2002.

 

02 NCAC 09L .1304          RESTRICTIONS

 

History Note:        Authority G.S. 143‑440; 143‑463; 143‑466;

Eff. August 26, 1977;

Amended Eff. February 5, 1978;

Repealed Eff. November 1, 1988.

 

 

 

 

 

02 NCAC 09L .1305          RECORD KEEPING REQUIREMENTS

All licensed pesticide dealers, as defined in G.S. 143-460, shall keep records of all sales of restricted use pesticides showing the following:

(1)           date of sale;

(2)           initials of sales clerk;

(3)           name of certified or licensed applicator as set out in 02 NCAC 09L .1302 or employees as set out in 02 NCAC 09L .1303;

(4)           certification or license number of certified or licensed applicator as set out in 02 NCAC 09L .1302;

(5)           certification or license expiration date as shown on the certified or licensed applicator's certification card;

(6)           product brand name;

(7)           EPA registration number;

(8)           number of individual containers;

(9)           size of individual containers; and

(10)         total quantity sold.

 

History Note:        Authority G.S. 143-437; 143-440; 143-466;

Temporary Adoption Eff. November 1, 2001;

Eff. August 1, 2002.

 

02 NCAC 09L .1306          RECIPIENT IDENTIFICATION

Prior to making restricted use pesticides available to those identified in 02 NCAC 09L .1302 or the employee as identified in 02 NCAC 09L .1303, the pesticide dealer or the designated representative of the pesticide dealer must verify the identity of the recipient.

 

History Note:        Authority G.S. 143-437; 143-440; 143-466;

Temporary Adoption Eff. November 1, 2001;

Eff. August 1, 2002.

 

SECTION .1400 ‑ GROUND APPLICATION OF PESTICIDES

 

02 NCAC 09L .1401          DEFINITIONS

All specific words or terms used in this Section other than those defined below shall have the same definitions as shown in the North Carolina Pesticide Law of 1971, G.S. 143‑460:

(1)           Adverse Effect.  Personal injury, damage to personal property, damage to real property, damage to the environment or any combination of these;

(2)           Drift.  The airborne movement of pesticides resulting from the application of pesticides such as to carry the pesticides beyond the target area;

(3)           Environment.  Water, air, land, and all plants and man and other animals living therein and the interrelationships which exist among these;

(4)           Identification of Farm.  For record keeping purposes, licensed pesticide applicators shall use ASCS farm number or common name of farm or address of farm or other practical means of identification of farm;

(5)           Identification of Site.  For record keeping purposes, federal, state or public agencies or licensed pesticide applicators under contractural agreement with or under supervision of such an agency shall use statewide or name(s) of county(s) or name(s) of city(s) or name(s) of body(s) of water or other practical means of identification of site.  All other licensed pesticide applicators shall use name of specific right‑of‑way or name and address of golf course or specific address of site or other more definitive practical means of identification of site;

(6)           Object.  A physical or living thing occurring on a site; e.g., a structure, animal, tree, ornamental plant, or material.

 

History Note:        Authority G.S. 143‑458; 143‑463; 143‑466(a);

Eff. October 21, 1977;

Amended Eff. November 1, 1988; August 1, 1985; February 5, 1978.

 

 

 

02 NCAC 09L .1402          RECORD KEEPING REQUIREMENTS

All licensed pesticide applicators, as defined in G.S. 143‑460 which includes public operators, utilizing ground equipment shall keep for three years and make available to the commissioner for like period records of all applications of restricted use pesticides showing the following:

(1)           name of licensed pesticide applicator or licensed public operator;

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

(3)           identification of farm or site(s) treated with pesticide(s);

(4)           name of crop, commodity, or object(s) which was treated with pesticide(s);

(5)           approximate number of acres or size or number of other object(s) treated;

(6)           the year, month, date and the specific time of day when each pesticide application was completed and each day of application shall be recorded as a separate record;

(7)           the brand name of the pesticide(s) and EPA registration number(s);

(8)           amount (volume or weight) of pesticide formulation(s) or active ingredient(s) applied per unit of measure; and

(9)           name(s) of person(s) applying pesticide(s).

 

History Note:        Authority G.S. 143‑458; 143‑463; 143‑466(a);

Eff. October 21, 1977;

Amended Eff. April 1, 2009.

 

02 NCAC 09L .1403          EXEMPTIONS TO 2 NCAC 9L .1402

 

History Note:        Authority G.S. 143‑458; 143‑463; 143‑466(a);

Eff. October 21, 1977;

Amended Eff. August 1, 1985; August 1, 1982;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .1404          DRIFT CONTROL

No person shall apply a pesticide(s) under such conditions that drift from pesticide(s) particles or vapors results in adverse effect.

 

History Note:        Authority G.S. 143‑458; 143‑463;

Eff. August 1, 1985.

 

 

 

02 NCAC 09L .1405          EXEMPTIONS TO 2 NCAC 9L .1404

 

History Note:        Authority G.S. 143‑458; 143‑463;

Eff. August 1, 1985;

Repealed Eff. November 1, 1988.

 

 

 

 

 

SECTION .1500 ‑ EXEMPTED PESTICIDES

 

02 NCAC 09L .1501          DEFINITIONS

02 NCAC 09L .1502          RESTRICTED INSECTICIDES: COTTON BOLLWORM/TOBACCO BUDWORM

 

History Note:        Authority G.S. 143‑437; 143‑440; 143‑442; 143‑450; 143‑463;

Eff. June 30, 1978;

Repealed Eff. January 1, 1979.

 

 

 

 

 

SECTION .1600 ‑ PESTICIDE EMERGENCY PLAN

 

02 NCAC 09L .1601          GENERAL

02 NCAC 09L .1602          PROCEDURE

 

History Note:        Authority G.S. 143‑436; 143‑437; 143‑441;

Eff. September 2, 1979;

Repealed Eff. November 1, 1988.

 

 

 

 

 

SECTION .1700 ‑ ULTRA LOW VOLUME (ULV) AND LOW VOLUME (LV) APPLICATION OF PESTICIDES

 

02 NCAC 09L .1701          DEFINITIONS

02 NCAC 09L .1702          ULTRA LOW VOLUME (ULV) APPLICATION OF PESTICIDES

02 NCAC 09L .1703          LOW VOLUME (LV) APPLICATION OF PESTICIDES

02 NCAC 09L .1704          CONTENTS OF THE RECOMMENDATION

02 NCAC 09L .1705          NOTIFICATION REQUIREMENTS

02 NCAC 09L .1706          LIMITATIONS

02 NCAC 09L .1707          REVOCATION OF RECOMMENDATION

 

History Note:        Authority G.S. 143‑458(a);

Eff. January 1, 1982;

Amended Eff. August 1, 1982;

Repealed Eff. November 1, 1988.

 

 

 

 

 

SECTION .1700 ‑ ULTRA LOW VOLUME (ULV) AND LOW VOLUME (LV) APPLICATION                OF PESTICIDES

 

 

 

02 NCAC 09L .1701          DEFINITIONS

02 NCAC 09L .1702          ULTRA LOW VOLUME (ULV) APPLICATION OF PESTICIDES

02 NCAC 09L .1703          LOW VOLUME (LV) APPLICATION OF PESTICIDES

02 NCAC 09L .1704          CONTENTS OF THE RECOMMENDATION

02 NCAC 09L .1705          NOTIFICATION REQUIREMENTS

02 NCAC 09L .1706          LIMITATIONS

02 NCAC 09L .1707          REVOCATION OF RECOMMENDATION

 

History Note:        Authority G.S. 143‑458(a);

Eff. January 1, 1982;

Amended Eff. August 1, 1982;

Repealed Eff. November 1, 1988.

 

 

 

 

 

SECTION .1800 ‑ WORKER PROTECTION STANDARDS FOR AGRICULTURAL PESTICIDES

 

02 NCAC 09L .1801          DEFINITIONS

02 NCAC 09L .1802          WARNINGS

02 NCAC 09L .1803          REENTRY TIMES

02 NCAC 09L .1804          LABELS AND EXEMPTIONS

 

History Note:        Authority G.S. 143‑458(a);

Eff. November 1, 1982;

Amended Eff. January 1, 1983;

Repealed Eff. July 1, 1993.

 

 

 

SECTION .1800 ‑ WORKER PROTECTION STANDARDS FOR AGRICULTURAL   PESTICIDES

 

 

 

02 NCAC 09L .1801          DEFINITIONS

02 NCAC 09L .1802          WARNINGS

02 NCAC 09L .1803          REENTRY TIMES

02 NCAC 09L .1804          LABELS AND EXEMPTIONS

 

History Note:        Authority G.S. 143‑458(a);

Eff. November 1, 1982;

Amended Eff. January 1, 1983;

Repealed Eff. July 1, 1993.

 

 

 

02 NCAC 09L .1805          ADOPTION BY REFERENCE

The North Carolina Pesticide Board hereby adopts by reference, including subsequent amendments, Part 170 of Title 40 of the Code of Federal Regulations, entitled "Worker Protection Standard."  Copies of this material may be obtained from the U.S. Government Printing Office, Washington, D.C. 20402, at a cost determined by that office.

 

History Note:        Authority G.S. 143-458(a);

Eff. July 1, 1993.

 

 

 

02 NCAC 09L .1806          CROP ADVISOR EXEMPTION

For the purposes of exemptions contained in Sections 170.104 and 170.204 of the Worker Protection Standard, the following definitions shall be in effect throughout 2 NCAC 9L .1800:

(1)           "Crop Advisor" means any currently certified and licensed "pest control consultant" as defined in G.S. 143-460(27) while engaged in the performance of crop advisor tasks as defined in this Rule and any "pesticide applicator" as defined in G.S. 143-460(29) who is currently certified and licensed in the subcategory "Demonstration and Research Pest Control" as defined in 2 NCAC 9L .0504(9), but only while performing or supervising the performance of crop advisor tasks as defined in this Rule.

(2)           "Crop Advisor Tasks" means assessing pest numbers or damage, pesticide distribution, or status or requirements of agricultural plants.

 

History Note:        Authority G.S. 143-458(a);

Eff. April 1, 1996.

 

 

 

02 NCAC 09L .1807          SPECIFIC INFORMATION ABOUT APPLICATIONS

(a)  Concerning application information requirements contained in 40 CFR Sections 170.122 and 170.222 the following is also required to be completed by the agricultural employer:

(1)           In addition to the requirements of Sections 170.122(c)(3), and 170.222(c)(3), the specific time of day when each pesticide application was completed must be recorded immediately upon completion of the application.  Each day of the application shall be recorded as a separate record.

(2)           After the application information referenced in (a)(1) of this Rule and the other information in Sections 170.122(c) and 170.222(c) has been displayed for the required period of time in Section 170.122(b) and 170.222(b), the agricultural employer shall maintain the information for a period of two years from the specific time of day when each pesticide application was completed.  Such information shall be available for inspection and copying by the Board or its agents upon their request.

(b)  In addition to information contained in Section 170.224(b), the handler employer must make the agricultural owner aware of the specific time of day when each pesticide application was completed.  The agricultural employer shall display the information immediately and shall make it part of the record required to be maintained in Paragraph (a)(1) and (2) of this Rule.

 

History Note:        Authority G.S. 143-466(a);

Eff. May 1, 2009.

 

SECTION .1900 ‑ PESTICIDE STORAGE

 

02 NCAC 09L .1901          DEFINITIONS

All specific words or terms used in this Section other than those defined in this Rule shall have the same definitions as shown in the North Carolina Pesticide Law of 1971, G.S. 143‑460.  The rules contained in this Section shall be deemed to be minimum for storage.

(1)           Storage.  The act of storing a pesticide or pesticide container unless the pesticide or pesticide container is being transported or used. It does not include:

(a)           pesticide containers which are empty and triple‑rinsed (or equivalent);

(b)           pesticides which meet the requirements of a Resource Conservation and Recovery Act (RCRA) hazardous waste (40 CFR 261.33) and are in the possession of a person possessing a valid EPA RCRA identification number as a generator (40 CFR 261.12) or transporter (40 CFR 263.11) of hazardous waste or who owns or operates a facility for the treatment, storage, or disposal of hazardous waste (40 CFR 264.11);

(2)           Commercial Storage.  Storage of a pesticide by any person from the time of manufacture, prior to possession by the end user;

(3)           Storage Facility.  Any property or contiguous properties under the same ownership used for commercial storage of pesticides.  Multiple storage areas in or on single or contiguous properties under the same ownership are considered to be in the same storage facility;

(4)           Large Storage Facility.  Any storage facility that stores 10,000 pounds or more of restricted use pesticides at any time;

(5)           Storage Area.  That portion of a storage facility actually used to store pesticides;

(6)           Contingency Plan.  "Contingency Plan" shall be a description of a facility's plans and capabilities to deal with a pesticide emergency resulting from operational procedures, accidental releases, fires, or other emergencies.  A contingency plan shall be deemed adequate by the North Carolina Pesticide Board if in the opinion of the Board such plan presents reasonable assurances that the facility will be able to contain or otherwise prevent the release of pesticides so as to minimize unreasonable adverse effects on public health or the environment.

(7)           Bulk Storage.  Commercial Storage of any pesticide held in stationary pesticide containers designed to hold undivided quantities equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide are subject to the regulations in this Rule unless any of the following conditions exists:

(a)           The container is empty, that is, all pesticide that can be removed by the methods such as draining, pumping, or aspirating has been removed (whether or not the container has been rinsed or washed).

(b)           The container holds only pesticide rinsates or wash waters, and is labeled accordingly.

(c)           The container holds only pesticides which would be gaseous when released at atmospheric temperature and pressure.

(d)           The container is dedicated to non-pesticide use, and is labeled accordingly.

 

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

Eff. January 1, 1984;

Amended Eff. April 1, 2009; November 1, 1989; November 1, 1988.

 

02 NCAC 09L .1902          STORAGE REQUIREMENTS FOR ALL PESTICIDES

(a)  The requirements of this Rule shall apply to all pesticides.

(b)  Pesticides shall be stored to prevent leaking and to facilitate inspection.

(c)  Formulated pesticide products shall not be stored in unlabeled containers.  The following minimum information shall be shown clearly and prominently on any containers of formulated pesticide:

(1)           Common chemical name;

(2)           Percentage of each active ingredient;

(3)           EPA registration number;

(4)           Signal word;

(5)           Use classification (restricted use or general use).

Pesticide products which are labeled in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the North Carolina Pesticide Law of 1971, and regulations promulgated thereunder shall be deemed to have met the requirements of Paragraph (c) of this Rule.

(d)  Pesticides (formulated products or dilutions) shall not be stored in any food, feed, beverage, or medicine container that has previously been used for such purposes, or that is specifically designed to contain only those products.

(e)  Pesticides shall not be stored in a manner that could cause the contamination of foods, feeds, beverages, eating utensils, tobacco, tobacco products, other pesticides, seeds, or fertilizers, or otherwise likely to result in accidental ingestion by humans or domestic animals.

(f)  Pesticides shall be stored in accordance with the following:

(1)           storage recommendations, if any, on their labeling; and

(2)           labeling on all other products, including non‑pesticide products, held in the same storage area.

(g)  When unattended, pesticides shall be stored to prevent unauthorized access.

(h)  Pesticides shall be stored in an area that is dry (does not accumulate water) and ventilated.

(i)  Pesticide storage areas shall be free of combustible materials such as gasoline, kerosene, or petroleum solvents other than those associated with pesticide application and debris such as waste paper, rags, or used cardboard boxes which may provide an ignition source, and shall be separated from other operations which present a fire hazard such as welding or burning.  Appropriate care shall be taken to minimize fire hazard potential when providing supplemental heating to storage during winter months.

 

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

Eff. January 1, 1984;

Amended Eff. November 1, 1989.

 

 

 

02 NCAC 09L .1903          COMMERCIAL STORAGE: RESTRICTED USE PESTICIDES

 

History Note:        Authority G.S. 143‑437; 143‑440 through 143‑443; 143‑447; 143‑461; 143‑466;

Eff. January 1, 1984;

Repealed Eff. November 1, 1988.

 

 

 

02 NCAC 09L .1904          NOTIFICATION REQUIREMENTS: RESTRICTED USE PESTICIDES

(a)  Any person providing 10,000 pounds or more of restricted use pesticides to a storage facility in North Carolina in a single calendar year shall notify the Board annually of all such delivery locations unless the product is delivered to a pesticide dealer.

(b)  The notification shall include:

(1)           name of the person responsible for or assuming ownership or possession of the pesticide;

(2)           name, address, and telephone number at the storage area or facility;

(3)           name, address, and telephone number of the registrant's emergency contact for technical information.

(c)  The North Carolina Pesticide Board shall, upon receipt of the information provided in Paragraph (b) of this Rule, notify the operator of the storage facility that prefire and contingency plans as required in Rules .1905 and .1906 of this Subchapter shall be developed for the facility and shall provide the operator with required forms and explanations.  The Board shall also provide the phone number of the secretary or designated alternate to which emergency reports can be filed.

 

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

Eff. January 1, 1984;

Amended Eff. November 1, 1989.

 

 

 

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.

 

 

 

02 NCAC 09L .1906          LARGE STORAGE FACILITY REQUIREMENTS: RUP

(a)  In addition to the Storage Facility Requirements: RUP as set forth in Rule .1905 of this Subchapter, the requirements of this Rule shall apply to large storage facilities.

(b)  Pesticides shall not be stored within 200 feet of the property line of any schools, hospitals, nursing homes, or other institutional facilities.

(c)  The person responsible for a large storage facility shall have a board‑approved contingency plan (FORM PC‑417) for the facility.  The contingency plan shall be submitted to the Board in sufficient detail so that the Board can determine if the plan is adequate.

(d)  Pesticide applicators storing 10,000 pounds or more of 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.

 

 

 

02 NCAC 09L .1907          PURPOSE AND IMPLEMENTATION OF CONTINGENCY PLAN

(a)  The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, spills, or any other unplanned sudden or non‑sudden release of pesticides or pesticide contaminated materials to air, soil, or surface water.

(b)  The provisions of this plan shall be carried out immediately whenever there is a fire, explosion, spill, or other release of pesticides or pesticide contaminated materials which could threaten human health or the environment.

 

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

Eff. January 1, 1984;

Amended Eff. November 1, 1989.

 

 

 

02 NCAC 09L .1908          CONTENT OF CONTINGENCY PLAN

(a)  The contingency plan shall describe the actions facility personnel shall take to respond to fires, explosions, spills, or any other sudden or non‑sudden release of pesticides or pesticide contaminated materials to air, soil, or surface water at the facility.

(b)  Where appropriate, the plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services.

(c)  The plan shall list names, addresses, and phone numbers (office and home) of all persons qualified to act as alternates who can be reached at any time of the day, seven days a week, and who are thoroughly knowledgeable of the facility, including operational and emergency procedures.  Where more than one person is listed, one shall be named as primary alternate, and others shall be listed in the order in which they will assume responsibility as alternates.

(d)  The plan shall include any additional information deemed necessary by the Board and specified on Contingency Plan for Pesticide Storage FORM PC‑417.

 

History Note:        Authority G.S. 143‑437; 143‑440; 143‑441; 143‑461; 143‑466;

Eff. January 1, 1984.

 

 

 

02 NCAC 09L .1909          COPIES OF CONTINGENCY PLAN

A copy of the contingency plan and all revisions to the plan shall be:

(1)           maintained at the facility; and

(2)           submitted to the North Carolina Pesticide Board in care of the North Carolina Department of Agriculture, Pesticide Section.

 

History Note:        Authority G.S. 143‑437; 143‑440; 143‑441; 143‑461; 143‑466;

Eff. January 1, 1984.

 

 

 

02 NCAC 09L .1910          REVIEW AND RETURN OF CONTINGENCY PLAN

(a)  If the contingency plan is submitted in insufficient detail so that the Board, through its review of the plan, cannot make a determination as to the adequacy of the plan, the plan shall be returned to the large storage facility with a designation of areas that need further detail or clarification.

(b)  A person shall resubmit FORM PC‑417 in sufficient detail within 60 days after receipt of notification by the Board that additional detail or clarification is required in the form.

 

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

Eff. January 1, 1984;

Amended Eff. November 1, 1989.

 

 

 

02 NCAC 09L .1911          AMENDMENT OF CONTINGENCY PLAN

The contingency plan shall be reviewed and immediately amended and resubmitted to the Board, if necessary, whenever:

(1)           the plan fails in an emergency;

(2)           the facility changes ‑‑ in its design, construction, operation, or maintenance;

(3)           the list of alternate changes; or

(4)           the list of emergency equipment changes.

 

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

Eff. January 1, 1984;

Amended Eff. November 1, 1989.

 

 

 

02 NCAC 09L .1912          COMMERCIAL PESTICIDE APPL STORAGE REQ: RUP

 

History Note:        Authority G.S. 143‑437; 143‑440; 143‑441; 143‑461; 143‑466;

Eff. January 1, 1984;

Repealed Eff. November 1, 1989.

 

 

 

02 NCAC 09L .1913          EFFECTIVE DATE OF STORAGE REGULATION

These Rules shall become effective January 1, 1984.  These Rules shall be in force and binding on all existing or future pesticide storage facilities.

 

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

Eff. January 1, 1984.

 

 

 

 

 

02 NCAC 09L .1914          BULK STORAGE REQUIREMENTS

(a)  Outlets, filler and access ports shall be locked at all times when not in use.  Keys to the outlet, filler and access ports shall be in the possession of the purchaser and authorized employees only.  Locks on ports are not required if bulk tanks are stored inside a facility utilizing security precautions that prevent unauthorized access to the bulk pesticide storage area.

(b)  All bulk pesticide storage tanks must display the appropriate signal word as shown on the label on all sides exposed to view.  The words shall be either stenciled directly on the containers or storage tanks or placed on a sign of durable construction which is firmly attached to the containers and storage tanks.  All letters of said words shall be a minimum of four inches in height and one inch in width, and shall be printed in contrasting colors to the containers and storage tanks which are readily visible.

(c)  All bulk storage areas shall be posted with a durable sign stating "PESTICIDE STORAGE," "AUTHORIZED PERSONNEL ONLY," "IN CASE OF EMERGENCY CALL______"

(d)  Pesticide applicators utilizing bulk storage containers shall be subject to the same requirements as set forth in this Rule.

 

History Note:        Authority G.S. 143-441; 143-461;

Eff. April 1, 2009.

 

SECTION .2000 ‑ CHEMIGATION

 

02 NCAC 09L .2001          DEFINITIONS

All specific words or terms used in this Section shall have the same definitions as shown in the North Carolina Pesticide Law of 1971, G.S. 143‑460, or unless the context otherwise requires, other definitions shall be:

(1)           Antisiphon Device.  Any equipment that prevents the backflow of a pesticide into any water supply or the backflow of water into a pesticide supply.  Antisiphon devices include automatic low pressure drain, check valve, flow interrupter, and vacuum relief valve.

(2)           Automatic Low Pressure Drain.  A self‑activating device to drain that portion of an irrigation pipeline whose contents could potentially enter the water supply when operation of the irrigation system pumping plant fails or is shut down.

(3)           Check Valve.  A device to provide a positive closure of an irrigation pipeline or pesticide injection line that effectively prohibits the flow of pesticide or water in the opposite direction of that desired when operation of the irrigation system pumping plant or pesticide injection unit fails or is shut down.

(4)           Chemigation.  Any process whereby pesticides are applied to land, crops, and/or plants utilizing an irrigation system. Some examples are agricultural, nursery, turf, lawn, golf course, and greenhouse sites.

(5)           Chemigation and/or Irrigation Water Supplies.  Any source of water that is used for chemigation and/or irrigation to include private wells, public water systems, ground or surface water sources.

(6)           Flow Interrupter.  A device that provides positive interruption or cessation of pesticide or water flow in either direction upon pesticide injection unit shutdown or failure.

(7)           Functional Systems Interlock.  A system used to link irrigation pumps and pesticide injection units, other pumps or supply tanks so designed that in the event of irrigation pump malfunction or failure, shutdown of the pesticide injection units will occur.

(8)           Inspection Port.  A place on the irrigation pipeline that can be utilized to determine visually if the check valve leaks.

(9)           Irrigation.  The act of mechanically supplying water to land, crops and/or plants.

(10)         Irrigation System.  Any device or combination of devices having hose, pipe or other conduit which connects directly to any water supply. The term does not include any handheld hose‑end sprayer which is constructed so that an interruption in water flow automatically prevents any backflow to the water supply.

(11)         Public Water System

(a)           a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.  Such term includes:

(i)            any collection, treatment, storage, and distribution facility under control of the operator of such system and used primarily in connection with such system; and

(ii)           any collection or pre‑treatment storage facility not under such control which is used primarily in connection with such system.

(b)           It is either a "community water system" or a "non‑community water system":

(i)            Community Water System.  A public water system which serves at least 15 service connections or regularly serves at least 25 year‑round residents.

(ii)           Non‑Community Water System.  A public water system which is not a community water system.

(12)         Vacuum Relief Valve.  A device to automatically relieve or break vacuum in an irrigation pipeline.

 

History Note:        Authority G.S. 143‑463; 143‑466;

Eff. January 1, 1987.

 

 

 

02 NCAC 09L .2002          APPLICATION OF PESTICIDES THROUGH IRRIGATION SYSTEMS

(a)  These systems shall be fitted with effective antisiphon devices and a functional systems interlock that will prevent the backflow of pesticide or pesticide‑water mixtures into water supplies or the backflow of water or pesticide‑water mixtures into pesticide supplies during times of irrigation system failure or equipment shutdown.  If a public water system is being utilized as the water source, the chemigation system shall not be connected directly to it.  See requirements in Rule .2003 of this Section.

(b)  Pesticides shall not be injected into an irrigation system on the suction side of the irrigation pump.

(c)  Such safety devices or valves shall be installed between:

(1)           the irrigation system pump discharge and the point of pesticide injection into the irrigation system, and

(2)           the point of pesticide injection into the irrigation system and the pesticide tank or container in accordance with Rule .2002(d).

(d)  Such systems shall effectively meet the following criteria:

(1)           double check valves shall be located between the irrigation pump discharge and the point of pesticide injection into the irrigation pipeline.  These valves, when installed, shall be on a horizontal plane and level.  A deviation of not more than 10 degrees from the horizontal shall be set.

(2)           an inspection port shall be located between the irrigation pump discharge and the mainline check valves.  In many cases, the vacuum relief valve connection can serve as the inspection port.

(3)           a vacuum relief valve shall be located on the top of the horizontal irrigation pipeline between the discharge side of the irrigation pump and the inlet side of the double check valves.  The vacuum relief valve shall have an orifice size of at least 3/4 inch for a 4‑inch diameter irrigation pipe.  The orifice size shall increase proportionally to an increase in irrigation pipe diameter.

(4)           an automatic low pressure drain shall be located on the bottom of the horizontal irrigation pipeline between the discharge side of the irrigation pump and the inlet side of the double check valves.  Such device shall be level and have an orifice size of at least 3/4 inch for a 4‑inch diameter irrigation pipe.  The orifice size shall increase proportionally to an increase in irrigation pipe diameter.  The drain shall not extend beyond the inside surface of the bottom of the irrigation pipeline and shall be at least two inches above grade.  The automatic low pressure drain shall discharge at least 20 feet from any water supply.  The discharge from the drain shall be controlled to prevent the drainage from reentering the water supply.

(5)           a flow interrupter device shall be located in the pesticide supply line between the pesticide injection unit and the pesticide supply tank or container.  A normally closed solenoid‑operated valve or other similar device is an acceptable method to positively prevent flow of pesticide or water in either direction during pesticide injection system failure or shutdown.

(6)           a check valve shall be located on the pesticide injection line between the point of pesticide injection into the irrigation system and the pesticide injection unit to prevent the overflow of the pesticide supply tank or container.

(7)           a functional systems interlock shall be provided.  If interruption of the irrigation water flow occurs, the interlock must, at a minimum, cause the shutdown of the pesticide injection unit.  If the irrigation pump and pesticide injection unit are at different sites, a low pressure cutoff, located near the point of pesticide injection into the irrigation system, could be electrically connected to the pesticide injection unit to provide for its shutdown in the event of low water pressure.

 

History Note:        Authority G.S. 143‑463; 143‑466;

Eff. January 1, 1987.

 

 

 

02 NCAC 09L .2003          PROHIBITION OF CONNECTION TO A PUBLIC WATER SYSTEM

(a)  An irrigation system used for pesticide application shall not be connected directly to a public water system.

(b)  The water from a public water system must be discharged into a reservoir tank.

(c)  There shall be a complete physical break (air gap) between the outlet end of the fill pipe and the top or overflow rim of the reservoir tank of at least twice the inside diameter of the fill pipe.

 

History Note:        Authority G.S. 143‑463; 143‑466;

Eff. January 1, 1987.

 

 

 

02 NCAC 09L .2004          INSPECTION: INSTALLATION: MAINTENANCE AND MODIFICATIONS

(a)  Antisiphon devices and a functional systems interlock, used for chemigation purposes, shall be installed and maintained to ensure proper function during chemigation.

(b)  During periods of chemigation, the system operator shall inspect the antisiphon devices and the functional systems interlock to ensure that they are functioning properly.

(c)  If modifications or changes in design, technology, irrigation practices or other similar reasons warrant the use or placement of equipment in lieu of that specified herein, the Pesticide Board may allow for such changes in advance of use, provided protection to the water supply is at least equal to that provided by the equipment, or placement thereof, required in this regulation.

(d)  Inspections of an irrigation system utilized for chemigation may be made at any time by a representative of the Pesticide Section, North Carolina Department of Agriculture.  Whenever any such equipment is determined not to be in compliance with this Section, the owner or operator shall be issued a stop use order, and the equipment shall not be used for the purpose of applying pesticide(s) until such time as proper repairs and/or alterations are made and the stop use order is released by official notice from the North Carolina Department of Agriculture.

 

History Note:        Authority G.S. 143‑463; 143‑466;

Eff. January 1, 1987.

 

 

 

 

 

SECTION .2100 ‑ HEARING RULES OF THE NORTH CAROLINA PESTICIDE BOARD

 

02 NCAC 09L .2101          NOTICE OF HEARING: ANSWER

(a)  The contents and manner of service of notice of hearing in a contested case shall be as prescribed in G.S. 150B‑38(b) and (c).

(b)  Any party who has been served with notice of hearing may file a written response as prescribed in G.S. 150B‑38(d).

 

History Note:        Authority G.S. 143‑437; 150B‑38;

Eff. February 1, 1992.

 

 

 

02 NCAC 09L .2102          RIGHT TO HEARING

(a)  Contested Cases.  Disciplinary proceedings to enforce the provisions of North Carolina Pesticide Law of 1971 and 2 NCAC 9L are deemed to be "contested cases" within the meaning of G.S. 150B‑2, and any person subject to such proceedings shall be given notice and the opportunity to be heard.

(b)  Summary Suspension.  Nothing within Paragraph (a) of this Rule shall abridge the right of the Board to summarily suspend a license or certification prior to hearing pursuant to G.S. 150B‑3(c).

 

History Note:        Authority G.S. 143‑437; 150B‑38;

Eff. February 1, 1992.

 

 

 

02 NCAC 09L .2103          LOCATION OF HEARING

The location of the hearing in a contested case shall be as prescribed in G.S. 150B‑38(e).

 

History Note:        Authority G.S. 143‑437; 150B‑38;

Eff. February 1, 1992.

 

 

 

02 NCAC 09L .2104          INTERVENTION; DISCOVERY

(a)  The intervention of persons not initially parties to a contested case is governed by G.S. 150B‑38(f).  Petitions or motions to intervene must be in writing.  The Board shall promptly determine whether to grant or deny intervention and shall so notify the petitioner and all parties in writing.

(b)  Parties in a contested case may engage in discovery pursuant to the provisions of the Rules of Civil Procedure, G.S. 1A‑1.

 

History Note:        Authority G.S. 143‑437; 150B‑38; 150B‑39;

Eff. February 1, 1992.

 

 

 

02 NCAC 09L .2105          SUBPOENAS

The authority of the Board to issue or revoke subpoenas in preparation for, or in the conduct of, contested cases is governed by G.S. 150B‑39.  If a subpoena is issued at the request of a party and not on the Board's own motion, that party shall bear the cost of service.

 

History Note:        Authority G.S. 143‑437; 150B‑38;

Eff. February 1, 1992.

 

 

 

02 NCAC 09L .2106          CONDUCT OF HEARING

(a)  Hearings in contested cases shall be conducted by a majority of the Board.  The chairman shall serve as presiding officer unless he is absent or disqualified, in which case the vice‑chairman shall preside. Hearings shall be conducted as prescribed in G.S. 150B‑40.

(b)  Disqualification.  An affidavit seeking disqualification of any Board member, if filed in good faith and in a timely manner, will be ruled on by the remaining members of the Board.  An affidavit is considered timely if it is filed:

(1)           Prior to the hearing; or

(2)           As soon after the commencement of the hearing as the affiant becomes aware of facts which give rise to his belief that a Board member should be disqualified.

(c)  Evidence.  The admission of evidence in a hearing in a contested case shall be as prescribed in G.S. 150B‑41.

 

History Note:        Authority G.S. 143‑437; 150B‑38;

Eff. February 1, 1992.

 

 

 

02 NCAC 09L .2107          DECISION OF BOARD

(a)  The form and content of the Board's decision in a contested case shall be as prescribed by G.S. 150B‑42(a), and its decision shall be served upon the parties in a manner consistent with said statute.

(b)  The official record of the hearing in a contested case shall contain those items specified in G.S. 150B‑42(b).

 

History Note:        Authority G.S. 143‑437; 150B‑38;

Eff. February 1, 1992.

 

 

 

 

 

SECTION .2200 - INTERIM PROTECTION MEASURES FOR THE CAROLINA HEELSPLITTER MUSSEL

 

02 NCAC 09L .2201          DEFINITIONS

All specific words or terms used in this Section shall have the same definitions as shown in the North Carolina Pesticide Law of 1971, G.S. 143-460.

 

History Note:        Authority G.S. 143-458; 143-466(a);

Eff. July 1, 2009.

 

02 NCAC 09L .2202          PESTICIDE USE LIMITATION AREAS

The table in 02 NCAC 09L .2203 contains pesticide active ingredients that have specific limitations on pesticide use in order to protect the federally listed endangered species Carolina heelsplitter (Lasmigona decorata) in Union County, NC, in the vicinity of:

(1)           the main stem of Goose Creek from the NC Highway 218 bridge, downstream to its confluence with the Rocky River;

(2)           the main stem of Duck Creek, from the Mecklenburg/Union County line, downstream to its confluence with Goose Creek; and

(3)           the main stem of Waxhaw Creek, from NC Highway 200 bridge, downstream to the North Carolina/South Carolina State line.

 

History Note:        Authority G.S. 143-458; 143-466(a);

Eff. July 1, 2009.

 

02 NCAC 09L .2203          PESTICIDES WITH ADDITIONAL USE LIMITATIONS

Effective March 1, 2010, the application of any of the following pesticides in the vicinity of the areas identified in 02 NCAC 09L .2202 must not occur within the areas identified by the codes in the following table:

 

Pesticide Active Ingredient              Code

Azinphos-methyl                                 2x

Benomyl                                               1x

Captan                                                  1x

Carbaryl                                                                2x

Carbofuran                                           1x

Chlorpyrifos                                         3z

Diazinon                                                2x

Dicofol                                                   2x

Dimethoate                                           2x

Endosulfan                                           2x

Esfenvalerate                                       1x

Ethion                                                    2x

Ethoprop                                               1x

Fenamiphos                                          2x

Fonofos                                                 2x

Malathion                                             2x

Methidathion                                       2x

Methomyl                                             1x

Mevinphos                                            2x

Naled                                                     1x

Parathion (ethyl)                                  2x

Pendimethalin                                      2x

Permethrin                                            1x

Phorate                                                  1x

Phosmet                                                                1x

Phosphamidon                                     1x

Propiconazole                                      1x

Pyrethrins                                              2x

Terbufos                                                2x

Trichlorfon                                            2x

 

Code/Limitations:

(1)           1x - Within the area described in 02 NCAC 09L .2202 and one-half mile up all streams that join the area, this pesticide shall not be applied within 20 yards from the edge of water for ground applications and within 100 yards for aerial applications;

(2)           2x - Within the area described in 02 NCAC 09L .2202 and one-half mile up all streams that join the area, this pesticide shall not be applied within 40 yards from the edge of water for ground applications and within 200 yards for aerial applications;

(3)           3z - Within the area described in 02 NCAC 09L .2202, this pesticide shall not be applied within 100 yards from the edge of water for ground applications and within one-fourth mile for aerial applications.

 

History Note:        Authority G.S. 143-458; 143-466(a);

Eff. July 1, 2009.