Mich. Admin. Code R. 285.637.2 - Definitions; P to W

Rule 2. As used in these rules:

(a) "Pesticide-containing material" means any of the following:

(i) Any container of a pesticide product that has not been triple rinsed or the equivalent thereof.

(ii) Any rinsate that is derived from a pesticide container, pesticide application equipment, or equipment washing.

(iii) Any material that is used to collect or contain excess or spilled pesticide or rinsate.

(iv) Any mixture of pesticide and diluent.

(v) Material that is generated as a result of contact with or utilization of a pesticide in an application, containment, recovery, reuse, or treatment system. The term does not include personal protective equipment that contains pesticide residue.

(b) "Pesticide-producing establishment" means any site where a pesticide is manufactured, packaged, repackaged, prepared, processed, or held for distribution or sale.

(c) "Properties adjacent to" means properties which share a common boundary line or corner with the property to be treated or which are directly across an undivided road, stream, or right-of-way from the property to be treated.

(d) "Public building" means a building that is owned or operated by a federal, state, or local government, including public universities.

(e) "Registry" means a list of persons who must be notified before a pesticide is applied, as described in R 28 5.637.5.

(f) "Rinsate" means any material that may result from the rinsing of interior surfaces of pesticide containers, pesticide application equipment, or containment areas that has or may have pesticide residues.

(g) "School" means public and private schools, grades kindergarten through the twelfth grade.

(h) "Sensitive area" means any of the following:

(i) Occupied school buildings, together with any land that is part of the same property and is within 100 feet of such buildings, and including any playgrounds, athletic fields, or other such facilities which are in use at the time of the pesticide application.

(ii) Developed recreation areas that are in use and open to the public, including any of the following:

(A) Developed public or commercial campgrounds.

(B) Developed picnic areas.

(C) Marked roadside rest areas.

(D) Marked publicly owned or maintained hiking trails.

(E) Developed park and recreation facilities.

(F) Playgrounds.

(G) Other areas that are developed for organized sports or recreation.

(iii) Apiary locations.

(iv) Water bodies, including plotted streams, brooks, rivers, ponds, and lakes, if any such water body contains water at the time of the pesticide application.

(v) Organic farms as defined in R 285.637.1(p).

(vi) Health care facilities.

(vii) Commercial preschool and day-care centers that are located in buildings which are in use and identified by signs or other means and which are recognizable to the public.

(viii) Posted school bus stops which are identified by signs and which are recognizable to the public.

(i) "Space" means the application of a pesticide that is intended to discharge a pesticide into the air throughout an entire volumetric area.

(j) "Spill kit" means a portable kit or other equipment that is designed to recover, minimize, contain, or absorb spills, leaks, releases, or other discharges of pesticides.

(k) "Spot treatment" means a pesticide application to a portion of a definable area, such as floors, walls, ceilings, bases or undersides of equipment, turf, or ground. A "spot" shall not be more than 2 square feet, and the total area treated shall not exceed 20% of the definable area.

(l) "Use of a pesticide in a manner inconsistent with its label" means to use any pesticide in a manner that is not consistent with the labeling, except that the term does not apply to any of the following:

(i) Applying a pesticide at any dosage, concentration, or frequency that is less than that specified on the labeling, unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency.

(ii) Applying a pesticide against any target pest that is not specified on the labeling if the application is to the crop, animal, or site that is specified on the labeling.

(iii) Employing any method of application that is not prohibited by the labeling unless the labeling specifically states that the product may be applied only by the methods specified on the labeling.

(iv) Mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling.

(v) Any use of a pesticide that is in compliance with the provisions of section 5, 18, or 24 of FIFRA.

(m) "Washing or rinsing facility" means a site for commercial applicators where pesticides and pesticide-containing materials are cleaned, washed, or rinsed from containers or from pesticide application, handling, storage, or transportation equipment for more than 10 days in any calendar year.

(n) "Wash water" means water that is used to wash exterior surfaces of application, handling, storage, or transportation equipment where pesticide residues are likely to occur.

Notes

Mich. Admin. Code R. 285.637.2

1992 AACS; 1995 AACS; 2008 AACS