Structural Pest Control and Pesticides - Pesticide Enforcement Trends

Pesticide and pesticide container disposal laws and regulations were adopted years ago in North Carolina.  The improper disposal of pesticides and/or their containers can be harmful to public health and the environment, as well as resulting in potentially costly cleanups.  In the past three years, several pesticide and/or container disposal related investigations have been conducted in North Carolina.

This type of investigation usually ends in a formal enforcement action.  The burning of pesticide containers is the most common illegal method for their disposal. The improper disposal of rinsates and pesticide wastes is endangering the environment. One of the more serious investigations that we dealt with involved the improper disposal of a 200 gallon sprayer tank in a dumpster, which contained a mixture of five insecticides that were detected by laboratory analysis.  Two employees at the site were exposed and became seriously ill and were transported to a local emergency room.  We were not able to identify a responsible party related to this incident.

The NCDA&CS has a Pesticide Disposal Assistance Program that can help with the disposal of unwanted pesticides.  The program arranges collection of waste pesticides throughout the State with the goal of servicing every county at least once every two years.  In addition, pickups are made from almost 30 county-based Household Hazardous Wastes programs each year. You can access the scheduled collection dates from NCDA&CS web site under Structural Pest Control and Pesticides Division.  Also, through a grant from the NCDA&CS to Cooperative Extension Service (CES), many counties operate a Pesticide Container Recycling Program where farmers and licensed pesticide applicators can take properly rinsed pesticide containers for recycling. You can contact your local CES office for information about these services.

Disposal of pesticides and containers is not only regulated by the NC Pesticide Law of 1971 and its attending regulations, but all pesticide labels also contain specific directions for proper disposal.  The Law states as follows:

General Statute 143-441. Handling, storage and disposal of pesticides.

(a) The Board may adopt regulations:

(1) Concerning the handling, transport, storage (which may include security   precautions), display or distribution of pesticides, and concerning the disposal of pesticides and pesticide containers.

(2) Restricting or prohibiting the use of certain types of containers or packages for specific pesticides. These restrictions may apply to type of construction, strength, and/ or size to alleviate danger of spillage, breakage, or misuse.

(b) No person shall handle, transport, store, display, or distribute pesticides in such a manner as to endanger man and his environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with pesticides, or in any manner contrary to the regulations of the Board.

(c)No person shall dispose of, discard, or store any pesticides or pesticide containers in such a manner as may cause injury to humans, vegetation, crops, livestock, wildlife, or to pollute any water supply or waterway, or in any manner contrary to the regulations of the Board. (1971, c. 832, s. 1.)

The Regulations go further and state:

SECTION .0600 - Pesticide and Pesticide Container Disposal

02 NCAC 09L .0602  Disposal of Pesticides

(a)  In considering disposal techniques, first preference shall be given to procedures designed to recover some useful value from excess pesticides.  Whenever possible, excess pesticide shall be used according to its labeling for the purpose originally intended.

(b)  Excess pesticides and pesticide-related wastes shall be disposed of in accordance with labeling requirements. Note:  In addition to the requirements of these rules, disposal of excess pesticides and pesticide-related wastes is also subject to rules adopted by the North Carolina Commission for Public Health as set forth in 15A NCAC 13A, Hazardous Waste Management, and 13B, Solid Waste Management, as applicable.

02 NCAC 09L .0604  Prohibited Disposal Procedures

No person shall dispose of any pesticide or pesticide container in any of the following manners:

(1) in a manner inconsistent with these rules;

(2) so as to cause or allow open dumping of pesticides or pesticide containers;

(3) so as to cause or allow open burning of pesticides or pesticide containers;

(4) so as to cause or allow water dumping, or ocean dumping; or

(5) so as to violate any applicable provisions of the North Carolina Pesticide Law.

Documents

• EPA - Fumigant Mangement Plan Templates
• NCDA&CS - Fumigation Field Summary Form

Training Requirements

All applicators must have and maintain the fumigation category on their license before purchase and use of a soil fumigant.  This applies to both Private and Commercial Applicators.

• North Carolina no longer accepts the online EPA training for applicators.
• It is illegal for a Dealer to sell a soil fumigant to someone without the fumigant category on their certification or license.

The recertification requirements must be met by the end of the certification date or retake the fumigant exam.

• 1 Hour of Z(SF) for Private Applicators
• 3 Hours of S for Commercial Applicators

Basic Buffer Zone Requirements

• A buffer zone must be established for every fumigant application
• The buffer zone extends outward from the edge of the application block equally in all directions
• All non-handlers and bystanders must be excluded from the buffer zone
• The buffer zone period begins at the start of the application and lasts for 48 hours after the application is complete
• Buffer zone distances must be calculated using the application rate and the size of the application block
• Buffer zone distances must be based on look-up tables included in the soil fumigant label.

Buffer Zone Credits

Buffer zone distances may be reduced by applying buffer zone credits, such as:

• Soil content
• Application systems
• Reducing application rates
• Tarps, tarps that qualify for reduction credits can be found at EPA - Tarps

Buffer Zone Posting

Buffer zones must be posted as well as the treated area. Detailed information on buffer zones, credits and posting are covered on the soil fumigant label.

Difficult to Evacuate Sites

• Schools
• State licensed daycare centers
• Nursing homes
• Assisted living facilities
• Hospitals
• In-patient clinics
• Prisons

No fumigant applications are allowed where buffer zones are greater than 300 feet if there is an occupied difficult-to-evacuate site within 1/4 mile (1,320 feet) of the application block during the application and for 36 hours afterward.

No fumigant applications are allowed where buffer zones are less than 300 feet if there is an occupied difficult-to-evacuate site within 1/8 mile (660 feet) of the application block during the application and for 36 hours afterward.

Emergency Preparedness and Response

If homes or businesses are near a buffer zone, the certified applicator-in-charge has two options:

• Option 1 Monitor the buffer zone
• Option 2 Provide response information to neighbors

Triggers for emergency preparedness and response measures:

If the buffer zone is 25 feet, then the emergency preparedness measures do not apply

Certified applicators must: monitor the site, OR provide information to neighbors

• If the buffer zone is greater than 25 feet but less than or equal to 100 feet and there are businesses within 50 feet from the outer edge of the buffer zone
• If the buffer zone is greater than 100 feet but less than or equal to 200 feet and there are businesses within 100 feet from the outer edge of the buffer zone
• If the buffer zone is greater than 200 feet but less than or equal to 300 feet and there are businesses within 200 feet from the outer edge of the buffer zone
• If the buffer zone is greater than 300 feet or the buffer zones overlap, and there are businesses within 300 feet from the edge of the buffer zone

Option 1: Site Monitoring

From the start of the application until the buffer zone period expires, a certified applicator or handler must:

Monitor for sensory irritation between the outer edge of the buffer zone and the residence or businesses that triggered the requirement

It is necessary to monitor at least four times each day throughout the buffer zone period

• 1 hour before sunset
• Once during the night
• 1 hour after sunrise
• Once during the day

Option 2: Response Information for Neighbors

The following information must be provided to neighbors that have residences or businesses that trigger the response information one week before the application:

• Location of the application block
• Fumigant brand name, active ingredient and EPA registration number
• Contact information for the applicator
• Time period in which the application is to take place
• Early symptoms of exposure

In recent years, we have become aware of reported damage(s) related to the use of the following active ingredients: aminopyralid, picloram, and clopyralid, which are included in the pyridine class of herbicides.  The problems appear to be related to persistent residues present in animal waste, soil, vegetation, and mulch.  Below is a specific example of the types of complaints our office receives regarding the use of aminopyralid.

Aminopyralid complaint

A grower of hay had used an herbicide containing aminopyralid on his pasture. He cut the hay approximately 8 weeks after treatment; he then sold some of the hay to a horse owner. The horse owner then gave the manure to two other parties; both parties used the manure in the course of the following year and observed damage to their tomatoes and other broadleaf vegetables, apparently from aminopyralid residue.  Some of the symptoms exhibited on these broadleaf crops may include twisted and/or cupped leaves, reduced yield, and in some instances the death of young plants.

The product label contains the following statements:

Aminopyralid in Plant Residues or Manure:

• Do not use aminopyralid-treated plant residues, including hay or straw from treated areas, or manure from animals that have grazed forage or eaten hay harvested from treated areas within the previous 3 days, in compost or mulch that will be spread to areas where commercially grown mushrooms or broadleaf plants may be grown.
• Do not spread manure from animals that have grazed or consumed forage for hay from treated areas within the previous 3 days on land used for growing broadleaf crops.
• Manure from animals that have grazed forage or eaten hay harvested from aminopyralid-treated areas within the previous 3 days may only be used on pasture grasses, grass grown for seed, and wheat.
• Do not plant a broadleaf crop in fields treated in the previous year with manure from animals that have grazed forage or eaten hay harvested from aminopyralid-treated areas until an adequately sensitive field bioassay is conducted to determine that the aminopyralid residues in the soil is at level that is not injurious to the crop to be planted.

The problem is that the information regarding aminopyralid-treated forage had not been transferred/relayed to the various people within the chain, i.e., to the end user of the manure. The label addresses the use of the product - but does not say the information is to be passed on to any potential end users. A similar complaint involved the use of an herbicide containing clopyralid & triclopyr.  Another herbicide containing picloram & 2,4-D has similar statements on the label, but states not to use manure from animals grazing treated areas for use on land used for growing broadleaf crop, ornamentals, etc. Just as with the aforementioned label, the applicator is not required to pass the information down the line.  In these cases, we are unable to hold anyone responsible for damage to a third-party property because the product was legally used; it is an issue that is probably best addressed by the EPA and the registrant.

Our office had also received a phone call from a composting business which apparently handles a very high volume of manure every year (the caller quoted a figure of 60,000 tons).  The caller wanted assistance in tracking down growers who have used this product, because of obvious concerns about potential problems for the business (she fears that people who purchase composted manure from her company may experience problems such as those outlined above).  Unfortunately, there is no way to trace all uses of the product.  It is the pesticide manufacturer’s responsibility to notify the EPA of any unreasonable adverse effects on the environment.

• Aminopyralid Gardener Response Sheet from Dow AgroSciences
• Persistence of Herbicides containing Pyridines

The Pesticide Section investigated several cases that involve pesticide applications by unlicensed applicators.  Such cases may result in monetary penalties up to $2,000.  Unlicensed applicator penalties comprised over 20% of the total fines for all pesticide violations for a three year period.  These cases included landscape companies applying pesticides for maintaining residential lawns and growers using restricted use pesticides without a certification. It is apparent that some commercial applicators and private applicators are allowing their certification to expire by not obtaining their required credits.

Commercial Ground Applicators: 

The North Carolina Pesticide Law of 1971 requires licensing for individuals applying any pesticide to the property of others for compensation. The applicator is required to pass a specific exam and a core exam for certain classifications in which the applicator works.  The license must be renewed annually; the license year is January - December.

In order to purchase and use restricted use pesticides, Private (Certified) Applicators must pass the North Carolina Private Pesticide Applicator exam and submit the appropriate application and fee. Private applicators are certified for three (3) years and their certification fee is ten ($10.00) every three years.  Growers may use general use pesticides to produce agricultural commodities without being certified.  Certified applicators may also supervise others applying RUPs on their farm.

In North Carolina laws and regulations not only require the person to pass a pesticide exam to acquire a license/certification, but also to maintain their certification by attending pesticide training in order to earn pesticide credits for recertification.  The classes are required to help the applicator remain updated on current production practices, and also to learn about new laws or any revisions to the existent law. 

Pesticide Recertification Credit Requirements

Additional Requirements for Commercial Ground Applicators

The required credits for each category must be obtained during at least two years of a five-year certification period.

• SINGLE CATEGORY: Individuals who are certified in one category must complete the total required credit hours for that category.
• MULTIPLE CATEGORIES: Individuals who are certified in two or more categories must obtain the total required credits for the category with the highest credit requirement, and three credit hours for each additional category. (See note below for applicators licensed in the category Demonstration & Research)

Pesticide Licensing and Certification Page