Mich. Admin. Code R. 285.637.1 - Definitions; A to O
Rule 1. As used in these rules:
(a) "Act" means 1994 PA 451, MCL
324.8301.
(b) "Broadcast" means any
application of pesticides over an area, such as a lawn, field, room, crawl
space, or other such surface. The term does not include crack and crevice or
spot applications made to selected plants, insects, soil, or other
surfaces.
(c) "Building manager"
means the person who is responsible for the building's pest management program
and to whom any reporting and notification shall be made pursuant to these
rules.
(d) "Commercial building"
means any building or portion thereof which is not a private residence where a
business is located and which is frequented by the public.
(e) "Community pesticide application" means
an application of pesticides to multiple properties for which the commercial
applicator does not have a service agreement with each individual property
owner or resident, such as local mosquito control and gypsy moth spray
programs. Apartments, town houses or condominiums are considered a single
property under this definition.
(f)
"Crack and crevice" means the application of insecticide into openings commonly
found at expansion joints, between different elements of construction, and
between equipment and floors.
(g)
"Dry break" means a 1 or 2-piece 'in-line' aperture or area used for accepting
or drawing liquid, which is separate from the active circulating system, and
not subject to positive or negative pressure during the application process.
This aperture may include a spring operated plunger device to prevent leakage
in the event of shutoff valve failure.
(h) "Emergency situation" means an occurrence
which is not reasonably foreseeable and which requires attention and action
before the time required for notice pursuant to MCL 324.8316(3) in order to
protect or enhance the health or safety of those reasonably believed to be
involved with, or exposed to, the occurrence.
(i) "FIFRA" means the federal insecticide,
fungicide, and rodenticide act of 1947, as amended,
7
U.S.C. ยง136 et seq.
(j) "Health care facility" means a facility
which is not a private home and at which people may stay 1 or more nights and
receive medical care, such as a hospital or nursing home.
(k) "Mixing and loading facility" means a
site for commercial applicators that has the following meanings:
(i) For commercial aerial applicators, the
term means the primary location in Michigan at which pesticides are repackaged,
loaded, mixed, or transferred from 1 container to another.
(ii) For all other commercial applicators,
the term means a location or site where pesticides are transferred from one
container to another, repackaged, or mixed in dry or liquid form for over 10
days in any calendar year, but does not mean a pesticide-producing
establishment as defined by FIFRA, unless the establishment also transfers,
repackages, or mixes dry or liquid pesticides. Transfer between containers
includes transfers to pesticide application equipment and nurse tanks. Any
mixing or loading site that is owned or operated within a 1/2-mile radius of
another site that is owned or operated by the same person will be considered as
the same facility or site.
(l) "Multiple-use areas" means developed
outdoor public recreation areas, such as, but not limited to, campgrounds, rest
areas, parks, playgrounds, picnic areas, and athletic fields. The term does not
include undeveloped forested areas.
(m) "Nonpowered equipment" means pesticide
application equipment that pumps or disperses pesticides without utilizing a
motorized power source. Examples include manual pumps, aerosols, or other
non-motorized self-contained or operated spray equipment.
(n) "Off-target direct discharge" means the
direct application of pesticides onto a property that is beyond the boundaries
of the intended treatment area.
(o)
"Off-target drift" means the physical movement of a pesticide at the time of
application from the targeted site of application to any nontarget site.
Off-target drift shall not include the off-target movement of a pesticide by
means of erosion, volatilization, or windblown soil particles after the
application of a pesticide.
(p)
"Organic farm" means a location or site that is registered under MCL
286.911(4).
Notes
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