Terms defined in SDCL 38-21-14 have the same meaning in this article. As used in this article:

1. (1) "Incident" means an event caused by the use of a pesticide;
2. (2) "Act" means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 135 et seq., as amended by the Federal Environmental Pesticide Control Act of 1972, 7 U.S.C. § 136-136y 86 Stat. 973;
3. (3) "Agency" means the United States environmental protection agency;
4. (4) "Appurtenances" means valves, pumps, fittings, pipes, hoses, and metering devices which are used for transferring pesticides or otherwise used in conducting operational area activities pertaining to pesticides;
5. (5) "Bulk pesticide" means any volume of a pesticide that is transported or held in an intermediate bulk container, in undivided quantities greater than 100 pounds net dry weight or 55 U.S. gallons liquid measure. The term does not include pesticides that are in the custody of the ultimate user and are fully prepared for use by the user;
6. (6) "Bulk pesticide storage facility" means any area, location, tract of land, building, structure, or premises constructed in accordance with rules promulgated by the secretary for the storage of bulk pesticides;
7. (7) "Bulk repackaging" means the transfer of bulk pesticide from one container to another in an unaltered state in preparation for sale;
8. (8) "Carrier" means a person engaged in the transporting of passengers or goods for hire;
9. (9) "Certification" means the process by which the department determines whether or not a person is a competent pesticide applicator;
10. (10) "Clay soil" means any substance consisting of a mixture of the following components in the stated percentages of total soil weight: clay particles of the size of .02 mm or less (40% minimum); silt particles of the size of .05 mm to .002 mm (40% maximum) and fine sand particles of the size of .25 mm to .05 mm (45% maximum);
11. (11) "Compatibility" means a property of a pesticide which permits its use with other chemicals without undesirable results being caused by the combination;
12. (12) "Competent" means qualified in the performance of functions associated with pesticide application, the degree of proficiency required being directly related to the nature of the activity and the associated responsibility;
13. (13) "Complete destruction" means alteration of pesticides by physical or chemical processes to inorganic forms, incapable of altering the environment;
14. (14) "Container" means a package, can, bottle, bag, barrel, drum, tank, or other containing device used to enclose a pesticide or pesticide related wastes but not spray applicator tanks and nurse tanks which contain pesticides which are fully prepared for use;
15. (15) "Department" means the Department of Agriculture and Natural Resources;
16. (16) "Diluent" means material added to a pesticide or a pesticide-related waste, by the user or manufacturer, to reduce the concentration of active ingredient;
17. (17) "Discharge" means any spill, leak, deposit, dumping, or emptying, either accidental or otherwise, that results in the release of a pesticide into an uncontained portion of an operational area, but not the lawful transfer, mixing, loading, unloading, repackaging, or refilling of a pesticide carried out over an operational area containment and not the lawful distribution, use, disposal, or application of a pesticide;
18. (18) "Distribute" means to import, consign, sell, offer for sale, solicit orders for sale, or otherwise supply pesticide for sale or use in this state;
19. (19) "Drift" means movement of a pesticide during or after application or use, through the air, to a site other than the intended site of application or use;
20. (20) "Excess pesticides," mean pesticides that may not be legally sold pursuant to the Act or which are to be discarded;
21. (21) "Hazard" means the probability that a given pesticide will have an unreasonable adverse effect on man or the environment in a given situation;
22. (22) "Heavy metals" mean metallic elements of higher atomic weights, including arsenic, beryllium, cadmium, copper, lead, mercury, manganese, zinc, chromium, tin, thallium, and selenium;
23. (23) "Inorganic arsenicals" mean any compound containing arsenic in which the arsenic is not bonded to the carbon atom;
24. (24) "Inorganic pesticides" mean substances containing noncarbon hydrogen, which are used as pesticides;
25. (25) "Lake" means a pond or reservoir created by either natural or artificial means, but not ponds and appurtenances used for the treatment and disposal of wastes and permitted for such uses by the state;
26. (26) "Leachate" means the end product of percolating a liquid through solid waste so that dissolved or suspended materials are extracted from it;
27. (27) "Nonpermanent bulk pesticide storage containers" mean mobile containers positioned on or part of movable equipment, such as trucks, trailers, and tank cars;
28. (28) "Open burning" means combustion of a pesticide or container in any fashion other than incineration in a pesticide incinerator;
29. (29) "Open dumping" means the placing of pesticides or pesticide containers in a land site in a manner other than prescribed by the South Dakota Department of Agriculture and Natural Resources, and which does not prevent adverse effects on the environment, and which exposes pesticides and pesticide containers to the elements, vectors, and scavengers;
30. (30) "Operational area" means an area where the contents of pesticide containers are transferred between containers, including transfer to application equipment; where pesticides are loaded, unloaded, mixed, repackaged, or refilled; or where pesticides are cleaned, washed, or rinsed from containers or from application, handling, storage, or transportation equipment; but not a facility or location that receives or distributes pesticides in the manufacturer's original unbroken containers which remain sealed and are otherwise unopened;
31. (31) "Operational area containment" means any structure or system constructed in accordance with chapter 12:56:17, either stationary or portable, which is effectively designed and constructed to intercept and contain pesticide discharges, including container or equipment wash water and rinsates, and to prevent escape, runoff, and leaching from an operational area;
32. (32) "Organic pesticides" mean substances containing carbon hydrogen which are used as pesticides, excluding metallo-organic compounds;
33. (33) "Permanent bulk pesticide storage containers" mean containers that are not positioned on or a part of movable equipment, such as trucks, trailers, and tank cars;
34. (34) "Pesticide incinerator" means any installation capable of the controlled combustion of pesticides, at a temperature of 1,000 degrees centigrade for two seconds dwell time, which will assure complete conversion of the specific pesticide to inorganic gases and solid ash residues;
35. (35) "Principal operational area" means the operational area where a pesticide applicator conducts the majority of the activities listed under "operational area";
36. (36) "Residential premises" means a structure that is used wholly or in part as a human residence, including all lawns, grounds, facilities, and furnishings pertaining to that structure; a residential structure occupied on a rental basis; and a mobile home used as a residence and the site on which it is located;
37. (37) "Runoff" means the portion of precipitation that drains from an area as surface flow;
38. (38) "Sanitary landfill" means a disposal facility approved or permitted by the state, employing an engineered method of disposing of solid wastes on land, in a manner that minimizes environmental hazards by spreading the solid wastes in thin layers, compacting the solid wastes to the smallest practical volume, and applying cover material at the end of each working day;
39. (39) "Scrubbing" means washing of impurities from any process gas stream;
40. (40) "Stream" means a river, creek, or tributary;
41. (41) "Triple rinse" means the emptying by flushing of a container three times, each time using a volume of the normal diluent equal to approximately 20 percent of the container's capacity, and adding the rinse liquid to the spray mixture or disposing of it by a method prescribed for the pesticide in chapter 12:56:02;
42. (42) "Water dumping" means disposal of pesticides into or on lakes, ponds, rivers, sewers, and other water systems;
43. (43) "Well" means an artificial excavation or opening in the ground that is deeper than its largest surface dimension, that is made by digging, boring, drilling, jetting, or other artificial method for the purpose of obtaining groundwater, and that is currently used, usable, or has been abandoned;
44. (44) "Well injection" means disposal of excess pesticides and rinse liquids through a hole or shaft to a subsurface stratum;
45. (45) "Wetlands" mean those areas that are inundated or saturated by surface or groundwater and on which a prevalence of vegetation, typically adapted for life in saturated soil conditions, has been established.

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986; 18 SDR 49, effective September 15, 1991; 38 SDR 40, effective September 20, 2011 ; 47 SDR 59, effective December 2, 2020 ; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

General Authority: SDCL 38-21-15.1 , 38-21-51.

Law Implemented: SDCL 38-21-15.1 , 38-21-51.

Prior versions effective: 2020-12-02, 2011-09-20.