Section Pes 802.03 - Storage Requirements The storage of pesticides and pesticide containers by private and commercial applicators of pesticides shall comply with the following requirements:
(a) Pesticides shall be stored in accordance with requirements and precautionary storage instructions contained on the product label;(b) Pesticide containers shall have legible labeling indicating the contents of the container, pursuant to Pes 502.02 and Pes 504.01;(c) Pesticides and pesticide containers that have not been triple rinsed shall be stored in a separate room and in such a manner as to prevent contamination to food, feed, seed, livestock remedies, drugs, plants, and other products or materials from the volatilization of pesticides, the leakage or breakage of pesticide containers, or other causes;(d) Pesticide storage rooms shall be protected and secured in such a manner that they are not readily accessible to children and the general public;(e) The floor surface of the pesticide storage room shall be smooth, facilitating the complete recovery of spills. Floor surfaces may include, but shall not be limited to, sealed concrete and plastic. Earthen floors shall be prohibited for pesticide storage rooms;(f) The pesticide storage room shall be identified by legible signage clearly indicating that pesticides are in storage, as follows:(1) Sign(s) shall include the word "Warning," "Danger," or "Pesticides" followed by wording that indicates pesticides are in storage; and(2) Lettering of the words "Warning," "Danger," or "Pesticides" shall be a minimum of one and 1/2 inches in height;(g) Pesticide storage rooms shall be vented to the outdoors;(h) Pesticides shall be stored in a dry place and in accordance with temperature requirements on the label. If fire suppression systems are used or required by local government, such systems shall be in compliance with state fire code RSA 153:1,VI-a.(i) Notwithstanding (h) above, in the situation where the storage room is unheated, storage of those pesticides where the label has precautions against freezing, during the months of the year when temperature is at freezing or below, shall not be prohibited provided that: (1) The pesticides are in secondary containers so as to facilitate complete recovery if spillage or leakage occurs;(2) The secondary container is identified as containing pesticides;(3) The pesticides are stored in facilities that meet the requirements of Pes 802.03 before and after the period of freezing temperature;(4) The pesticides are stored in such a manner that they are not readily accessible to children and the general public;(5) The pesticides are stored in such a manner as to prevent contamination to food, feed, seed, livestock remedies, drugs, plants, and other products or materials from the volatilization of pesticides, the leakage or breakage of pesticide containers, or other causes; and(6) The pesticides are stored in compliance with Pes 802.03(a), (b), (j), (o), (q), (r) (2), (t) and (u);(j) Pesticides shall be stored in tightly sealed containment free from leakage, corrosion, breaks, or tears. Containment used for pesticide storage and handling shall be of materials and construction compatible with the pesticide stored and the conditions of storage and maintained in a manner as to minimize the possibility of a spill. Defective containers, if not fully repaired, shall be destroyed or disposed of in accordance with Pes 801.04.(k) Pesticides shall be stored: (1) At a minimum distance of 400 feet from public wells;(2) Unless storage complies with (l)(1) or (2), at least 75 feet from: a.Private water wells; andb.The high water mark of surface waters; and(3) Wherever possible, down gradient from water wells and surface water.(l) Pesticide storage facilities installed prior to April 13, 1993 shall be allowed within the 75 foot distance requirement specified in (k) if one of the following conditions existed prior to April 13, 1993: (1) The storage of pesticides is in conjunction with a Natural Resources Conservation Service approved containment facility where a containment mechanism has been installed under the storage room and becomes a part of the overall containment facility; or(2) The storage room floor can hold 110% of the volume of the largest container in storage and contains a concrete floor that has a hydraulic conductivity of less than 1 X 10 -7 centimeters per second or a concrete floor that can be treated to have a hydraulic conductivity of less than 1 X 10 -7 centimeters per second;(m) In conjunction with pesticide storage, ambulance and fire department phone numbers or the 911 number shall be displayed at a central location where all persons have access.(n) The local fire department shall be notified that pesticides are in storage and be informed of the general location of the storage room;(o) Pesticide storage rooms shall maintain sufficient lighting to allow the observation of containers and their labeling;(p) All empty pesticide containers that have not been triple rinsed pursuant to Pes 801.04 shall be stored in the pesticide storage room prior to disposal;(q) Storage of pesticides in bulk shall be in compliance with bulk storage rules under Pes 804;(r) Cabinets, storage bins, lockers, or similar type storage facilities shall be considered a storage room provided that: (1) The storage facility complies with Pes 802.03(a)-(f), (h), (i), (j)-(q), (s), (t) and (u); and(2) If the single or aggregate area exceeds 15 cubic feet or 25,920 cubic inches, the facility shall be vented according to Pes 802.03(g);(s) Floor drains not used in conjunction with catch basins shall be prohibited in pesticide storage rooms;(t) Pesticide storage room floors may be equipped with a catch basin, provided that: (1) There are no pipes attached;(2) It is constructed for complete recovery of a spill; and(3) It is located within the floor where liquids can be transferred to an above ground container in the event of a spill or discharge onto the floor;(u) Areas used for storage of pesticides shall be maintained in a clean condition;(v) At a minimum, spills and leaks shall be cleaned up by the end of the day during which the pesticides have been spilled or leaked;(w) The storage of dormant oil formulated as a pesticide and containing no other pesticides, shall be exempt from the requirements of Pes 802.03(c)-(h), (m)-(p), (r), and (s); and(x) Pesticide containers having the capacity for holding greater than 55 gallons but less than 300 gallons of bulk pesticides, known as mini-bulk containers, shall be exempt from Pes 802.03(c)-(i), (m)-(p), (r), (s) provided that:(1) The container is identified with pesticide labeling that is affixed to the mini-bulk container by the dealer or person who sold or distributed the product;(2) Within 90 days of receipt of the pesticide in the mini-bulk container, the container is: a.Returned to the dealer;c.Emptied and triple rinsed; and(3) There is a mechanism attached to the container for the purpose of securing the dispensing apparatus.N.H. Code Admin. R. Pes 802.03
#5611, eff 4-13-93; ss by #6160, eff 1-3-96; amd by #6698, eff 2-28-98; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRES: 6-16-14
Amended byVolume XXXV Number 01, Filed January 8, 2015, Proposed by #10712, Effective 11/5/2014, Expires11/5/2024.