(a) Mixing or loading for chemigation shall be exempt from Pes 805.01(b) and (c) provided that:

1. (1) The total capacity of pesticide(s) at the chemigation mixing and loading site is 5 gallons or less of liquid pesticide, or 50 pounds or less of dry pesticide; and

2. (2) Secondary containment shall be provided that:

   1. a. Is constructed of material compatible with the pesticide being applied;
   2. b. Has an outside edge that is at least 10 feet from the water supply including any well head or surface water source; and
   3. c. Is capable of containing at least 110% of the volume of the pesticide container.

(b) Mixing or loading on a containment facility approved by the Natural Resources Conservation Service, installed prior to April 13, 1993, shall be exempt from Pes 805.01(c).

Source. #5734, eff 11-5-93; ss by #6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12

New. #10489, INTERIM, eff 12-17-13, EXPIRED: 6-16-14

New. #10712, eff 11-5-14; ss by #13981, eff 5-31-24

APPENDIX

Rule

Specific State Statute the Rule Implements

Pes 801.01 - Pes 805.02

RSA 430:31,IV(j)