Rule: 4.10.1104 Prev     Up     Next    
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Subchapter: Pesticide Reporting, Cleanup, and Containment
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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(1)  Formulated bulk pesticides in undivided quantities of more than 500 U.S. gallons or 4,500 pounds, stored for more than 14 consecutive days, shall be in primary containment meeting the following requirements:

(a)  primary containment and appurtenances shall be constructed, installed and maintained to prevent a spill of pesticide.

(b)  primary containment and appurtenances shall be of materials which are resistant to corrosion, puncture and cracking.

(c)  materials used in the construction or repair of primary containment and appurtenances may not be of a type which react chemically or electrolytically with stored pesticides in a way which may weaken the storage container or appurtenances, or create a risk of discharge.

(d)  materials used for valves, fittings and repairs shall be compatible with the materials used in the primary containment.

(e)  primary containment and appurtenances shall handle all operation stresses, taking into account static head, pressure buildup from pumps and compressors, and any other mechanical stresses to which the primary containment and appurtenances may be subject in the foreseeable course of operations.

(f)  every primary containment connection, except a safety relief valve and conservation vent connection, shall be equipped with a manual shut-off valve.

(g)  appurtenances shall be adequately supported to prevent sagging and possible breakage because of gravity and other forces encountered in the ordinary course of operation.

(h)  primary containment and appurtenances shall be protected against reasonably foreseeable risks of damage by moving vehicles or objects.

(i)  primary containment, not in-service for longer than two years shall be thoroughly cleaned with all hatches secured and all valves or connections secured. Vents shall be functional. An integrity test shall be performed before primary containment can be placed back in service.

(j)  primary containment shall be anchored or secured or elevated to prevent instability or flotation as a result of liquid accumulations within the secondary containment.

(k)  primary containment may not be filled beyond the capacity for which it is designed, taking into account the density of the liquid being stored and thermal expansion during storage.

(l)  primary containment retaining liquid shall be equipped with a liquid level gauging device by which the level of liquid in the storage container can be readily and safely determined. A gauging device is not required if the liquid in the container can be measured safely by other means. The gauging device shall be secured to protect against breakage or vandalism which may result in a discharge. External sight gauges must be equipped with an automatic shut-off valve.

(m)  primary containment used for liquid pesticide shall be equipped with a conservation vent which opens and closes within the designed pressure limits of the container.

(n)  All primary containment shall be labeled in accordance with the labeling requirements set forth in the Code of Federal Regulations Title 40, parts 152 and 156 (July 1, 1996)  , which are hereby incorporated by reference. Copies of 40 CFR, parts 152 and 156 are available upon request to the Montana Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201. The registered product label shall be attached to primary containment in a prominent location. The label shall be complete and legible.

History: Sec. 80-8-105, MCA; IMP, Sec. 80-8-105, MCA; NEW, 1999 MAR p. 54, Eff. 1/15/99.


MAR Notices Effective From Effective To History Notes
1/15/1999 Current History: Sec. 80-8-105, MCA; IMP, Sec. 80-8-105, MCA; NEW, 1999 MAR p. 54, Eff. 1/15/99.
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