michigan commerical applicator core manual addendum

Natural Resources and Environmental Protection Act (NREPA) Act 451

Michigan's primary environmental law.

Part 83 – Pesticide Control

Gives the Michigan Department of Agriculture and Rural Development (MDARD) authority to regulate pesticide distribution, sale, registration, and use in Michigan.

MDARD Michigan Department of Agriculture and Rural Development.

Responsible for:

• Registering pesticides

• Licensing applicators and dealers

• Investigating misuse

• Enforcing pesticide laws

• Issuing penalties

Pesticide Registration

All pesticides sold or used in Michigan must be registered with MDARD.

MDARD may:

• Refuse registration

• Suspend registration

• Cancel registration

Reasons include:

• Failure to meet labeling requirements

• Violations of pesticide laws

• Unpaid registration fees

Restricted-Use Pesticide Dealer

A dealer licensed by MDARD to sell restricted-use pesticides.

Requirements:

• Keep sales records for 2 years

• Sell only to certified applicators

Pesticide Applicator Business License (PABL)

Required for businesses applying pesticides for hire.

Commercial applicators must meet qualification requirements before obtaining a business license.

Certified Applicator

A person authorized to:

• Use restricted-use pesticides (RUPs)

• Supervise restricted-use pesticide applications

Must:

• Be at least 18 years old

• Pass required exams

• Renew credentials every 3 years

Private Applicator

Reciprocity

An agreement allowing certified applicators from one state to obtain certification in another state without taking all exams again.

Michigan reciprocity states:

• Indiana

• Ohio

• Wisconsin

• Minnesota

SCHOOLS AND CHILDCARE CENTERS

Schools and licensed childcare centers must:

PENALTIES from MDARD

MDARD may issue penalties for:

• Improper handling

• Improper transportation

• Improper application

• Improper storage

Fines:

• $1,000–$5,000 per violation

Illegal actions include:

• Using unregistered pesticides

• Altering labels

• False advertising

• Misbranding

REGULATION 636 – PESTICIDE APPLICATORS

Establishes:

• Private applicators

• Commercial applicators

• Registered applicators

Becoming a Private Applicator

Must:

1. Submit application

2. Pay fee

3. Pass examination within 6 months

Study materials:

• National Pesticide Applicator Core Manual

• Michigan Private Applicator Core Addendum

Becoming a Commercial Applicator

Must:

1. Submit application

2. Pay fee

3. Pass core examination

4. Pass category examinations

Study materials:

• National Core Manual

• Michigan Commercial Core Addendum

• Category manuals

Registered Applicator

May:

• Apply general-use pesticides

May NOT:

• Purchase restricted-use pesticides

• Use restricted-use pesticides

Must receive:

• MDARD-approved training

Direct Supervision

Registered applicators in training must be under direct supervision.

Direct supervision means:

The certified applicator is physically present at the time and location of application.

Approved Trainer

A certified applicator who:

• Has 2 years experience

• Meets MDARD requirements

• Trains registered applicators

Credential Renewal

Can renew through:

• Retesting

• MDARD-approved continuing education credits

RECORDKEEPING REQUIREMENTS

Commercial applicators must keep records of:

General-use pesticides

Keep records for 1 year.

Restricted-use pesticides

Keep records for 3 years.

Required information:

1. Pesticide name

2. Concentration

3. EPA registration number

4. Amount of dilution

5. Target pest

6. Date applied

7. Application location

8. Application method

9. Application rate

Records must be available to MDARD upon request.

REGULATION 637 – PESTICIDE USE

Establishes standards for pesticide use.

Pesticides must:

• Be used according to label directions

• Prevent off-target contamination

• Use calibrated equipment

• Use functioning equipment

numbered rules

Rule 5 – Sensitive Person Registry

Michigan maintains a registry of individuals who must be notified before certain turf and ornamental pesticide applications occur nearby.

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Rules 6–7 – Containment Structures

Required for some mixing/loading operations.

Required when:

• Mixing/loading occurs 10 or more days per year at one location.

Exception:

• Hand-held equipment

• Backpack equipment

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Rule 8 – Excess Pesticides

Excess pesticide may be disposed of by:

Applying it:

• To labeled sites

• At or below label rates

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Rule 9 – Personal Protective Equipment (PPE)

Commercial applicators must wear:

• Long pants

• Protective footwear

• Long-sleeved shirt (unless exceptions apply)

• Chemical-resistant gloves when needed

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Rule 10 – Drift Management

If off-target drift is anticipated:

A drift management plan is required.

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Rule 11 – Posting Requirements

Posting and notification required for certain:

• Turf applications

• Ornamental applications

• Golf courses

• Indoor applications

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Rule 12

Commercial service agreements must include:

• Application information

• Risk information

• Benefit information

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Rule 13

Prohibits false pesticide safety claims.

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Rule 14

Requires IPM training and IPM use in:

• Schools

• Daycares

• Public buildings

• Healthcare facilities

Exceptions:

• Sanitizers

• Germicides

• Disinfectants

• Antimicrobial agents

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Rule 16

Creates registry of certified organic farms.

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Rule 17

Lists penalties for local ordinance violations.

REGULATION 640 – COMMERCIAL PESTICIDE BULK STORAGE

Applies when:

1. Liquid pesticides exceed 55 gallons
   OR

2. Dry pesticides exceed 100 pounds

AND

Products are sold or distributed.

Major Requirements

Registration

Must register annually with MDARD.

Setbacks

Storage facilities must meet minimum distances from:

• Wells

• Surface water

• Water supplies

Security

Containers and equipment must be secured.

Secondary Containment

Bulk tanks require diking/containment.

Mini-bulk tanks (<400 gallons):

• No dike required

• Must be on impermeable surface

Mixing/Loading Pad

Must:

• Be at least 10 ft × 20 ft

• Hold 1,500 gallons

Emergency Plan

Written discharge response plan required.

Inspection and Records

Inspection and maintenance records required.

PART 87 – GROUNDWATER AND FRESHWATER PROTECTION

Purpose:
Protect groundwater resources.

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State Management Plans (SMPs)

Created to prevent groundwater contamination.

Without SMPs:
Certain pesticides could not be registered.

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Michigan Groundwater Stewardship Program (MGSP)

Provides:

• Education

• Technical assistance

• Cost-sharing programs

Goal:
Protect groundwater.

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New Storage Buildings

Must be located:

At least 150 feet from a private well.

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Michigan Clean Sweep

Program for disposal of:

• Outdated pesticides

• Unwanted pesticides

• Unused pesticides

Helps prevent environmental contamination.

PART 111 – HAZARDOUS WASTE MANAGEMENT

Regulates:

• Waste pesticides

• Pesticide containers

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Triple-Rinsed Containers

Containers must be:

• Triple-rinsed
  OR

• Power-rinsed

Then:

• Punctured

• Recycled or disposed of properly

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Rinsate

Definition:
Water used to rinse pesticide containers.

Must:

• Be applied according to label directions

Never:

• Dump into drains

• Dump onto ground

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Preventing Excess Waste

Applicators should:

• Buy only what they need

• Mix only what they need

• Properly calibrate equipment

SPILL RESPONSE PROCEDURES

Remember the 4 C's:

1. CAUTION

Protect yourself first.

• Wear PPE

• Assess hazards

• Call 911 if needed

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2. CONTROL

Stop the source.

Examples:

• Shut off pump

• Close valve

• Upright container

• Plug leak

Prevent movement toward:

• Groundwater

• Surface water

• Streams

• Wetlands

• Ditches

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3. COMMUNICATE

Notify:

• Local authorities

• State authorities

• Federal authorities

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4. CLEAN UP

Use:

• Spill kit

• Proper disposal methods

Professional remediation may be needed.

MIOSHA Michigan Occupational Safety and Health Act

ncludes Michigan Right-to-Know Act.

Purpose:
Protect employees from hazardous chemicals.

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Employer ResponsibilitiesSafety Data Sheets (SDS)

Must obtain and maintain SDS records.

Employee Training

Must provide written training programs.

Labeling

Must ensure hazardous material containers are properly labeled.

CHAPTER 2 REVIEW QUESTIONS + ANSWERS

• The Michigan Department of Agriculture and Rural Development does not have authority to suspend pesticide registrations.
  Answer: False

• Licensed pesticide dealers may sell restricted-use pesticides only to certified applicators.
  Answer: True

• Aerosol or liquid insecticides may be used if rooms are vacant for only two hours.
  Answer: False

• Commercial applicators may become approved trainers of registered applicators.
  Answer: True

• Registered applicators do not need direct supervision when applying restricted-use pesticides.
  Answer: False

• Commercial applicators only need records for restricted-use pesticides.
  Answer: False

• If off-target drift is anticipated, a drift management plan is required.
  Answer: True

• Commercial applicators using only general-use pesticides in schools do not need IPM training.
  Answer: False

• Michigan does not maintain a sensitive-person registry.
  Answer: False

• Shorts, sandals, and short sleeves are acceptable during hot weather applications.
  Answer: False

• Bulk pesticide storage operations may need to comply with Regulation 640.
  Answer: True

• Rinsate may be poured down a floor drain.
  Answer: False

• Triple-rinsed and punctured containers may be recycled or disposed of properly.
  Answer: True

• No need to contact MDEQ when a spill enters a ditch.
  Answer: False

• First response to a spill is immediate cleanup.
  Answer: False

• MIOSHA requires employers to maintain SDS sheets.
  Answer: True