Current through August 31, 2023
01.
Purpose. Chemicals perform an important function in growing and harvesting forest tree species. These rules regulate chemical handling, storage and application for forest practices so that the public health and aquatic and terrestrial habitats will not be endangered by contamination of streams or other bodies of water. (3-31-22)
02.
Other Applicable Laws. Anyone mixing, loading, applying or otherwise using chemicals must comply with the applicable portions of state and federal law, including but not limited to the Pesticide and Chemigation Law, Title 22, Chapter 34, Idaho Code and IDAPA 02.03.03, "Rules Governing Pesticide and Chemigation Use and Application." (3-31-22)
03.
Petroleum Products. Stationary or mobile petroleum storage containers with capacities greater than two hundred (200) gallons must not be located closer than one hundred (100) feet from any waterway or area of open water. Dikes, berms or embankments must be constructed to contain at least one hundred ten percent (110%) of the volume of petroleum products stored within the tanks. Diked areas must be sufficiently impervious and of adequate capacity to contain spilled petroleum products. In the event any leakage or spillage enters any waterway or area of open water, the operator must immediately notify the Department. (3-31-22)
a. During fueling operations or petroleum product transfer to other containers, there must be a person attending the operation at all times. Fueling operations must not take place where the fuel will enter streams, lakes or other areas of open water, if spillage occurs. (3-31-22)
b. Equipment and containers used to transport, store or transfer petroleum products must be maintained in a leakproof condition. If the Department finds evidence of petroleum product leakage or spillage, the equipment or containers may not be used until the deficiency has been corrected. (3-31-22)
c. Waste resulting from logging operations, such as crankcase oil, filters, grease, oil containers, or other nonbiodegradable waste must be removed from the operating area and disposed of properly. (3-31-22)
04.
Equipment Maintenance. Equipment used to transport, store, or apply chemicals must be maintained in leakproof condition. If, the Department finds evidence of chemical leakage, the Department may suspend further use of that equipment until the deficiency has been corrected. (3-31-22)
05.
Mixing and Cleaning. (3-31-22)
a. A person using water to mix chemicals must provide an air gap or reservoir between the water source and the mixing tank and use uncontaminated tanks, pumps, hoses and screens to handle and transfer mix water. (3-31-22)
b. Chemicals may be mixed and tanks and equipment cleaned only where spills will not enter any water source. (3-31-22)
i. Landing areas must be located where spilled chemicals will not enter any water source. (3-31-22)
ii. Rinsate and wash water should be recovered and used for make-up water, be applied to the target area, or disposed of according to state and federal laws. (3-31-22)
06.
Aerial Application: (3-31-22)
a. With the exception of pesticides approved for aquatic use and applied according to labeled directions, when applying pesticide leave at least one (1) swath width (minimum one hundred (100) feet) untreated on each side of all Class I streams, flowing Class II streams and other areas of open water. When applying pelletized fertilizer, leave a minimum of fifty (50) feet untreated on each side of all Class I streams, flowing Class II streams, and other areas of open water. (3-31-22)
b. Use a bucket or spray device capable of immediate shutoff. (3-31-22)
c. Shut off chemical application during turns and over open water. (3-31-22)
07.
Ground Application with Power Equipment. (3-31-22)
a. With exception of pesticides approved for aquatic use and applied according to labeled directions, when applying pesticide, leave at least twenty-five (25) feet untreated on each side of all Class I streams, flowing Class II streams and areas of open water. (3-31-22)
b. When applying fertilizer, leave at least ten (10) feet untreated on each side of all streams and areas of open water. (3-31-22)
08.
Hand Application. (3-31-22)
a. Apply only to specific targets, such as a stump, burrow, bait, or trap. (3-31-22)
b. Keep chemicals out of all water sources or streams. (3-31-22)
09.
Limitations on Applications. (3-31-22)
a. Chemicals must be applied in accordance with all limitations and instructions printed on the product registration labels, supplemental labels, and others established by regulation of the Director. (3-31-22)
b. Do not exceed allowable rates. (3-31-22)
c. Prevent direct entry of chemicals into any water source or stream. (3-31-22)
10.
Daily Records of Chemical Applications. (3-31-22)
a. When pesticides are applied on forest land, the operator must maintain a daily record of spray operations which includes: (3-31-22)
i. Date and time of day of application. (3-31-22)
ii. Name and address of owner of property treated. (3-31-22)
iii. Purpose of the application. (3-31-22)
iv. Contractor's name and applicator's or pilot's name. (3-31-22)
v. Location of project (section, township, range and county). (3-31-22)
vi. Air temperature (hourly). (3-31-22)
vii. Wind velocity and direction (hourly). (3-31-22)
viii. Pesticides used including trade or brand name, EPA product registration number, mixture, application rate, carrier used and total amounts applied. (3-31-22)
b. Whenever fertilizers or soil amendments are applied, the operator must maintain a daily record of such application which includes Subsection 060.10 and the name of the fertilizer or soil amendment and application rate. (3-31-22)
c. The records required in Subsection 060.10 must be maintained in compliance with the recordkeeping requirements of IDAPA 02.03.03, "Rules Governing Pesticide and Chemigation Use and Application." (3-31-22)
d. All records required in Subsection 060.10 must be retained for three (3) years. (3-31-22)
11.
Container Disposal. Chemical containers must be: cleaned and removed from the forest and disposed of in a manner approved by the Director in accordance with applicable local, state and federal regulations; or removed for reuse in a manner consistent with label directions and applicable regulations of a state or local health department. Open burning of containers is prohibited. (3-31-22)
12.
Spills. In the event of a spill: (3-31-22)
a. All chemical accidents and spills must be reported immediately to the Director. (3-31-22)
b. Appropriate procedures must be taken immediately to control the spill source and contain the released material. (3-31-22)
c. The applicator must collect, remove, and dispose of spilled material in accordance with applicable local, state and federal law and in a manner approved by the Director. (3-31-22)
13.
Misapplications. Whenever chemicals are applied to the wrong site or pesticides are applied in a manner inconsistent with the product label, the applicator must report those misapplications immediately to the Director. (3-31-22)
