Section Pes 804.01 - Definitions The following definitions shall apply to Pes 804:
(a) "Appurtenance" means any equipment which is connected to a container or pesticide application equipment for purposes of transferring pesticides, and includes: (b) "Closed system for applicators" means a pesticide container that is designed to allow removal of a pesticide from the original container to be mixed with a diluent for application and allow rinsing of the empty container, without the handler contacting the pesticide so as to reduce worker and environmental exposure;(c) "Containment pad" means any structure or system that is designed and constructed to intercept and contain pesticides, rinsates and equipment wash water and prevent them from running off or leaching from a pesticide dispensing area;(d) "Containment structure" means either a secondary containment area or a containment pad;(e) "Container" means any package, can, bottle, bag, barrel, drum, tank, film, box, or other device, excluding pesticide application equipment, used to enclose a pesticide;(f) "Distribution" means to import, consign, sell, offer for sale or otherwise supply pesticides for use in New Hampshire;(g) "Dry bulk container" means a container that is designed and constructed to hold only dry pesticide and has the capacity to hold undivided quantities of greater than 100 pounds (45.5 kilograms);(h) "Dry pesticide" means a pesticide that is in solid form, that has not been combined with liquids, and includes formulations such as dusts, wettable powders, dry flowable powders, and granules;(i) "Filling establishment" means an operation dispensing pesticide for the purpose of distribution or sale from appurtenances to containers or pesticide application equipment;(j) "Liquid bulk container" means a container designed and constructed to hold liquid pesticide and has the capacity to hold undivided quantities of greater than 55 gallons (208.2 liters);(k) "Non-bulk" means pesticide containers with a capacity to hold 55 gallons (208.2 liters) or less of liquid pesticides or 100 pounds (45.5 kilograms) or less of dry pesticides;(l) "Pesticide dispensing area" means an area within the boundaries of which any of the following operations are conducted: (1) The dispensing of pesticide from a stationary bulk container for any purpose, including, but not limited to: b.Filling service containers or application equipment; andc.Emptying containers prior to cleaning; or(2) The transfer of pesticide from the appurtenance of a non-bulk container, the tank of a transportation vehicle, or other source for the purpose of distribution or sale by entities or individuals, other than applicators, or application firms;(m) "Refillable container" means a container that is intended to be filled with pesticide more than once for sale or distribution.(n) "Secondary containment area" means any structure or system that is designed and constructed to intercept and contain pesticide spills and leaks and prevent runoff or leaching from stationary bulk containers and their appurtenances;(o) "Stationary bulk container" means a bulk container for either dry or liquid pesticide formulations that is fixed at a single facility or establishment or, if not fixed, remains at the facility or establishment for 14 consecutive days or longer, during all of which time the container holds a pesticide; and(p) "Twenty-five year, 24 hour rainfall event" means a rainfall event with a probable recurrence interval of once in 25 year, as established by the United States Department of Agriculture Natural Resources Conservation Service in Technical Release Number 55, "Urban Hydrology for Small Watersheds," Second Ed., June 1986.N.H. Admin. Code § Pes 804.01
#5611, eff 4-13-93; amd by #5734, eff 11-5-93 (Formerly Pes 803.01 ); amd by #5766, eff 12-28-93; 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, EXPIRES: 6-16-14
Amended byVolume XXXV Number 01, Filed January 8, 2015, Proposed by #10712, Effective 11/5/2014, Expires11/5/2024.