South Dakota Administrative Rules
Title 12 - Department of Agriculture
Article 12:56 - Pesticides
Chapter 12:56:17 - Operational area containment
Section 12:56:17:05 - Recovery, storage, and use of discharges

All discharges within and outside of operational area containment shall be immediately recovered using absorbent materials, pumps, or similar means. Operational area containment surfaces exposed to concentrated and diluted pesticides shall be periodically cleaned and all rinsates shall be recovered and stored in accordance with SDCL chapter 38-21 and article 12:56. Recovered discharges shall not be stored below ground. Containers larger than 300 U.S. gallons that contain recovered discharges or rinsates not regulated by chapter 12:56:13 for more than 14 consecutive days must be located within secondary containment constructed and maintained in accordance with the construction and capacity requirements of chapter 12:56:13. Recovered discharges may be used in accordance with the applicable pesticide product labels.

Upon recovery of discharges outside of operational area containment that are in excess of the quantities listed in § 12:56:17:06, samples shall be taken and analyzed for applicable pesticide residues by the person responsible for the discharge. Samples taken must be from the area where the discharge occurred and from where recovery was completed. These samples must be taken at a sufficient depth and from a sufficient surface area to show that the recovery was complete.

The owner or operator of the operational area shall provide written documentation to the department describing the cause of the discharge, recovery and sampling procedures, analysis reports, and disposition of the recovered materials within 30 days following the date the discharge occurred.

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

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