The South Dakota Department of Agriculture and Natural Resources (DANR) regulates the handling, use, and storage of pesticides. The DANR works cooperativly with the EPA on registration and regulation of pesticides in the state. To read more about pesticide enforcement and file a pesticide incident, click here.
Bulk Pesticide Facilities
In order to establish or operate a bulk pesticide facility, a permit
must be submitted to the DANR for approval. This process is regulated by SDCL 38-21-15.1 and SDCL 38-21-15.2.
In some cases, pesticide may need to be repackaged for distribution to another entity. In this situation, a Bulk Pesticide Delivery for Bulk Repackaging form must be completed and submitted to the DANR. A Notice of Initial Bulk Pesticide Delivery may also be required. This process is defined by ARSD 12:56:13, 12:56:14, and 12:56:17.
This Bulk Facility Manual may be a useful tool as well.
Pesticide Container & Containment
ARSD 12:56:17 requires each pesticide operational area using containment
to be registered with the DANR. The Operational
Area Containment Registration Application must be completed and submitted to the DANR. The EPA has
compiled a Pesticide
Portable Refillable Container Requirements Fact Sheet and Checklist. This fact sheet and checklist
may be a helpful tool for registrants, agricultural retailers, distributors, commercial applicators, and
custom pesticide blenders.
This document shows an example of proper marking of intermediate bulk containers and is being used with permission of Lion Technology. (The information is provided for informational purposes only. Product trade names have been used for clarity. Any reference to trade names does not imply endorsement by the DANR, nor is any discrimination intended against any product, manufacturer, or distributor.)
Pesticide Recordkeeping Requirements
With regard to recordkeeping, a couple sample documents are listed below. Also, because weather is such an
important factor in pesticide application, this document
may provide some helpful information.
Pesticide Handling & Discharge Response Plans
Commercial and private applicators who conduct operational area activities must use a written pesticide
handling and discharge response plan. The plan must be kept current at all times and available for use. SDCL 38-21-15 and ARSD 12:56:17:03 require a copy of the plan must be available for
employees and inspection by the DANR at either the operational area, the applicator's nearest local
office, or the location from which the operational area is administered.
This plan will help facilities establish and utilize procedures that aid in preventing discharges during daily handling and use of pesticides, as well as strategies that will expedite actions necessary to minimize adverse effects on themselves, others, and the environment in the event of a discharge incident or mechanical failure. In case of an emergency incident, a written plan will provide guidance to facility employees and emergency assistance individuals. It is recommended that the operator provide a current copy of the plan to local fire departments, police departments, emergency medical services, and county emergency management directors.
All employees of the facility should be trained to identify an emergency response incident (i.e., minor or major spills, potential for fire, etc.), who to call for remediation assistance, and/or evacutation routes. If employees are to participate in the remediation, those employees must be trained to perform the necessary tasks.
The DANR is prepared to respond to all agricultural incidents and to apply appropriate and effective procedures to contain and control agricultural chemicals involved in emergency incidents. The DANR works cooperatively with the Department of Health, and other local, state, and federal agencies in coordinating assistance and technical support.
If you would like a sample plan to help create your personalized plan, click here for commercial applicators or click here for private applicators.
Pesticide Handling, Storage, & Disposal
Pesticide must be handled, stored, and disposed of in accordance to ARSD 12:56:15 and ARSD 12:56:02.
In some cases, the DANR will collect waste pesticide for disposal.
If you would like to read more about promoting proper pesticide use and handling, please refer to the Pesticide Environmental Stewardship website.
Worker Protection Standards
In 2015, the EPA revised the Worker Protection Standard (WPS) to increase protections for agricultural
workers, handlers, and their families. The intent is to decrease pesticide exposure incidents among
farmworkers and their family members. For specific details, please refer to the Worker Protection Standard manual.