After February 1, 1995, operational area containment is required of any person when the person's operational area meets any one or more of the following conditions:

1. (1) The operational area is the applicator's principal operational area and

   1. (a) More than a total of 1,500 pounds of pesticide active ingredients are transferred, loaded, unloaded, mixed, repackaged, or refilled during a calendar year; or
   2. (b) Either concentrate or diluted pesticides are cleaned, washed, or rinsed from containers or from application, handling, storage, or transportation equipment for over 30 days accumulated during a calendar year;

2. (2) The operational area is within

   1. (a) 150 feet of a lake, stream, streambed, or wetland;
   2. (b) 150 feet of a well;
   3. (c) 200 feet of populated buildings, either commercial or residential premises, excluding the owner or operator's own residential or commercial buildings; or

   4. (d) 500 feet of a well used as a public water supply.

      Two or more operational areas under common ownership and control within one-half mile of each other are calculated collectively to determine if the thresholds listed in subdivision (1)(a) or (1)(b) of this section have been reached.

      Subdivisions (2)(c) and (2)(d) of this section do not apply to mixing and loading operations conducted by pesticide applicators utilizing containers and equipment with holding capacities of 10 U.S. gallons or less or 50 pounds net dry weight or less.

      Except for pressure wood preserving operational areas, subdivisions (1)(a) and (1)(b) of this section do not apply to those operational areas located within or immediately adjacent to each pesticide application site.

Source: 18 SDR 49, effective September 15, 1991; 20 SDR 91, effective December 19, 1993.

General Authority: SDCL 38-21-15 , 38-21-15.1 , 38-21-51.

Law Implemented: SDCL 38-21-15 , 38-21-15.1.