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(continued) erational area containment shall be constructed to withstand the weight of any vehicles or storage containers which will be on it.
(6) Operational area containment shall be constructed with sufficient surface area, using curbs or other means, to prevent any discharge from leaving the containment area.
(7) Operational area containment shall be of adequate size and design to contain one hundred twenty-five percent the capacity of the largest storage container, or application equipment used at the facility up to a maximum of fifteen hundred gallons.
(8) Operational area containment constructed prior to March 1, 1994, and which have been constructed to contain one hundred ten percent of the capacity of the largest storage container or application equipment used at the facility shall be considered to be in compliance with this chapter.
(9) Operational area containment shall slope to one or more liquid tight collection points or sumps that allows spilled or deposited materials to be easily recovered. An above ground storage container may be used in conjunction with the operational area containment to meet the capacity requirement. If an above ground storage container(s) are used for temporary storage, the storage containers shall be located within operational area or secondary containment. The storage container shall be clearly and conspicuously labeled "pesticide rinsate" followed by the major category of pesticide such as insecticide, herbicide, fungicide.
(10) Any pump used for recovering material from the operational area containment shall be manually activated.
(11) The operational area containment shall not have a discharge outlet or valve. Discharge outlets or valves on existing operational areas shall be sealed. Operational area containments may be interconnected.
[Statutory Authority: Chapters 15.58 and 17.21 RCW. 00-23-074, § 16-229-400, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-229-400, filed 11/2/93, effective 3/1/94.]
Notes:
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.
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16-229-410
Backflow prevention.
(1) When piping within a permanent mixing/loading site is directly connected to a water source such as a well or public water system, an approved air gap or an approved reduced pressure principle backflow prevention assembly (RPBA) shall be installed to protect the water source. Approved air gaps and approved RPBA's shall be installed, operated, inspected and/or tested and maintained per WAC 246-290-490.
(2) Approved RPBA's shall be inspected and tested once per year by a Washington state department of health certified backflow assembly tester, and approved air gaps shall be inspected by a Washington state department of health certified backflow assembly tester or cross-connection control specialist[:]
(a) At the time of installation, alteration or relocation, and at least on an annual schedule thereafter.
[Statutory Authority: Chapters 15.58 and 17.21 RCW. 00-23-074, § 16-229-410, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-229-410, filed 11/2/93, effective 3/1/94.]
Notes:
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.
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16-229-420
Rinsate management.
(1) Pesticide products or rinsates spilled or accumulated within an operational area containment facility shall be immediately recovered. Any use of these materials must be at labeled rates consistent with labeled end uses for the product(s). The materials may be stored for later use or as make-up water for pesticide applications.
(2) Any liquid that accumulates at a collection point or in a sump shall be removed within twenty-four hours when the facility is in operation.
(3) Recovered spills, sedimentation, rinsates, contaminated precipitation or other contaminated debris shall be contained and used per product label or properly disposed of. Pesticide containing materials shall not be released to the environment unless the release is an application per product label direction. Any disposal of these materials or captured washwater shall be consistent with the Hazardous Waste Management Act, chapter 70.105 RCW and the Water Pollution Control Act, chapter 90.48 RCW and shall be enforced by the Washington state department of ecology accordingly.
(4) If storage tanks are used to store rinsate, washwater or contaminated precipitation for later use the following records shall be kept.
(a) The date and amount of water put into the tank.
(b) The brand name(s) or active ingredient(s) of the pesticides contained in the water.
(c) A method to identify the specific application it was used for.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-229-420, filed 11/2/93, effective 3/1/94.]
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16-229-430
Maintenance and inspection.
(1) The operator of a permanent mixing/loading site shall inspect and maintain storage containers, appurtenances, and operational area facilities to minimize the risk of a pesticide release. The inspection shall include a visual observation for any evidence of leaks, spills, cracks, solar decay or wear.
(2) Maintenance of the facilities shall be performed as needed to ensure that the integrity of the operational area containment facilities is maintained.
(3) Operational area facilities shall be inspected at least once per month when in use.
(4) Operational area facilities shall be maintained free of debris and foreign matter.
(5) A written record of all inspections and maintenance or repairs shall be made on the day of the inspection or maintenance and kept at the site or at the nearest local office from which the site is administered.
(6) Inspection records shall contain the name of the person making the inspection, the date of the inspection, conditions noted and maintenance performed.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-229-430, filed 11/2/93, effective 3/1/94.]
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16-229-440
Recordkeeping requirements.
The following records shall be maintained at the permanent mixing/loading site or at the nearest local office from which the site is administered:
(1) A record of construction materials and methods of construction to show compliance with WAC 16-229-400. These records shall be maintained as permanent records.
(2) A record of the method(s) used to use or dispose of product or contaminated materials recovered from discharges outside the operational area containment facility. This record applies only to discharges required to be reported to the Washington state department of ecology by the Washington state dangerous waste regulations, chapter 173-303 WAC. These records shall be maintained for a period of at least three years.
(3) Inspection and maintenance records required by WAC 16-229-430. These records shall be maintained for a period of at least three years.
(4) Manufacturer's compatibility statements required by WAC 16-229-400 if synthetic materials are used in the construction of the facility. These records shall be maintained as permanent records.
(5) A copy of the spill response plan required in WAC 16-229-450. This record shall be maintained as a permanent document.
(6) Records required by WAC 16-229-420 for use or disposal of rinsate and contaminated precipitation. These records shall be maintained for a period of at least three years.
(7) Records required by WAC 16-229-240, Backflow prevention.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-229-440, filed 11/2/93, effective 3/1/94.]
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16-229-450
Spill response plan.
(1) The operator of a permanent mixing/loading site shall prepare a written spill response plan for the facility. If all or portions of the information required by the spill response plan have been prepared for plans required by other government agencies they need not be prepared for this plan: Provided, That the information is readily accessible to emergency responders and department personnel. However, when copies of the plan are distributed all the required information shall be provided.
The plan shall include the following elements:
(a) The identity and telephone numbers of the persons and agencies who are to be contacted in the event of a spill.
(b) For each pesticide stored at the facility a complete copy of the storage container labeling required under this rule and the labeling required to accompany sale of the pesticide under the Washington Pesticide Control Act, chapter 15.58 RCW.
(c) A material safety data sheet for each pesticide stored at the facility.
(d) The procedures to be used for controlling and recovering, or otherwise responding to a spill for each type of pesticide stored at the facility.
(e) The procedures to be followed in using or disposing of a recovered spill.
(2) The spill response plan shall be kept current at all times.
(3) A copy of the spill response plan shall be kept readily available for inspection and use at the facility or at the nearest local office from which the facility is administered and shall be available for inspection and copying by the department.
(4) Persons employed at permanent mixing/loading sites shall be trained in spill response procedures pursuant to the spill response plan.
(5) Emergency equipment and supplies: Absorbent materials and other equipment suitable for the control and cleanup of smaller spills shall be available at the facility. A list showing the types and locations of clean-up supplies and equipment shall be maintained at the permanent mixing/loading site or the nearest local office from which the site is administered.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-229-450, filed 11/2/93, effective 3/1/94.]
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16-229-480
Permits.
(1) The department may issue a permit exempting any person from a requirement under Part 3 of this chapter if compliance is not technically feasible in the judgment of the department and the department finds that alternative measures provide substantially similar protection. All information required to prove that substantially similar protection is possible shall be provided to the department by the person requesting the permit.
(2) At the request of the department, advisory group, or permittee an advisory group appointed by the director shall evaluate and advise the department on any requests for permits from this chapter.
[Statutory Authority: Chapters 15.58 and 17.21 RCW. 00-23-074, § 16-229-480, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-229-480, filed 11/2/93, effective 3/1/94.]