Oklahoma Administrative Code
Title 35 - Oklahoma Department of Agriculture, Food, and Forestry
Chapter 30 - Consumer Protection
Subchapter 17 - Combined Pesticide
Part 21 - STANDARDS FOR DISPOSAL OF PESTICIDE AND PESTICIDE CONTAINERS
Section 35:30-17-96 - Surface impoundments of commercial applicators; unused portions of pesticides and/or rinsate of pesticides which, upon disposal, are not classified as hazardous wastes

Universal Citation: OK Admin Code 35:30-17-96

Current through Vol. 42, No. 1, September 16, 2024

(a) Unused portions of pesticides and/or rinsate resulting from the application of pesticides not classified under EPA regulations as a hazardous waste upon disposal should be handled by one of the following methods:

(1) By subsequent, immediate reapplication in accordance with label and labeling requirements for the pesticide.

(2) By deposit in a closed containment system which meets the requirements of 35:30-17-95.

(3) By disposal in surface impoundments which meet the requirements of this Subchapter.

(4) By any methods approved by the Board.

(b) Surface impoundments of commercial applicators must rest on a foundation or base capable of providing:

(1) Adequate support for the required liners.

(2) Sufficient resistance to pressure gradients above and below the liners to prevent failure of the liners due to settlement, compression, or uplift.

(3) Double liners shall be entirely above the seasonal water table.

(c) Surface impoundment liners are defined as a continuous layer of material, beneath and on the sides of a surface impoundment, which restricts the downward or lateral escape of pesticides, pesticide rinsate, and/or any leachate.

(1) The bottom and all sides of the surface impoundment shall be constructed with two liners separated by a barrier of sand or other porous material which is at least one (1) foot thick.

(2) Liners shall have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrologic forces), physical contact with pesticides and/or pesticide residues, rinsate and/or leachate to which they are exposed, stress of installation, and/or stress of daily operation.

(3) Liners shall have tight seams and joints and cannot contain tears, punctures, or blisters.

(4) Liners shall extend to the top of the dike required under (e) of this Section.

(d) A leachate detection system approved by the Department shall be placed between the liners required in (c) of this Section.

(1) The leachate detection system shall be placed above the lower liner at the lowest point of the excavation to assure that any seepage from the upper layer will percolate to this point.

(2) The leachate detection system shall be constructed to permit sampling from an accessible surface location.

(3) The leachate detection system shall be monitored weekly by the owner or operator; if a leak is detected, the impoundment shall be closed as as required in 35:30-17-98.

(e) Surface impoundments shall be surrounded by levees (dikes) that are designed, constructed, and maintained with sufficient structural integrity to prevent any failure of the levees (dikes).

(1) The base of the levee (dike), at land surface level, shall be of sufficient width to support the height of the levee (dike).

(2) The height of the levee (dike) shall be at least two feet (2') above the 100 year flood plain specified by the U.S. Geological Survey.

(f) Surface impoundments shall be of sufficient depth to permit a minimum free-board of at least two feet (2') below the top surface of the dike.

(g) Surface impoundments shall be equipped with a cover of translucent material and shall be constructed in compliance with all applicable local building codes. Surface impoundments shall be enclosed within a fence of sturdy material, at least six feet (6') in height, with a locked gate. At the option of the owner or operator, containment tanks and container storage may be placed in the same enclosure.

(h) Surface impoundments shall be located 100 feet within property lines, and at least 300 feet from personal dwellings and public facilities.

(i) Site plans shall be submitted for approval by the Board prior to any new construction of surface impoundments. These plans may be rudimentary; the purpose of the submission is to avoid unnecessary expense by the applicator.

(j) File final plans and specifications for approval by the Board for the construction of surface impoundments prior to the start of construction. The Board may consult with and seek the advice of Waste Management of the Oklahoma Department of Environmental Quality prior to approval.

Amended at 17 Ok Reg 1018, eff 5-11-00

Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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