Kansas Administrative Code

Government agency registra- tion and renewal fees. The application fee for a government agency registration shall be $50.00. This regulation shall apply to all government agency registrations, or renewals of these registra- tions, effective through June 30, 2015, regardless of wh…

(Authorized by K.S.A. 2006 Supp. 2-2441a and K.S.A. 2-2467a; implementing K.S.A. 2006 Supp. 2-2441a; effective, T-83-36, Nov. 10, 1982; effective May 1, 1983; amended, T-4-6-27- 02, July 1, 2002; amended Oct. 25, 2002; amended Feb. 29, 2008; revoked Feb. 5, 2010.) 185 Pesticides …

Examination fees. The examina- tion fee for a commercial applicator’s certificate shall be $45.00 through June 30, 2015, for each category, subcategory, and general core examina- tion taken. The fee shall also apply if the applicant seeks reexamination. The $45.00 examination fee…

Certified private applicator’s certificate fee. The certified private applicator’s certificate fee shall be $25.00. This regulation shall apply to certified private applicator certifi- cates that will be effective through June 30, 2015, regardless of when the department receives …

Bulk pesticide storage and han- dling of pesticides; definitions. As used in K.A.R. 4-13-25 through 4-13-25m, the following terms shall be defined as follows: (a) “Appurtenance” means any valve, pump, fit- ting, pipe, hose, auger, metering device, and dis- pensing device connecte…

Exemptions. (a) The regulations found in K.A.R. 4-13-25 through K.A.R. 4-13-25k shall not apply to any of the following: (1) A mobile container of 350-gallon capacity or less, if the use of the container is solely incidental to the end-use application of the bulk pesticide and if…

(c) “Bulk pesticide container” means any re- ceptacle or device in which a pesticide is stored, mixed, treated, disposed of, or handled in any manner in quantities greater than 55 gallons liq- uidmeasureorquantitiesgreaterthan100pounds net dry weight. (d)“Bulkpesticidestoragefaci…

Location, design, and con- struction requirements of a bulk pesticide storage facility. Each owner or operator shall meet the following requirements: (a)(1) Each bulk pesticide storage facility shall be designed, constructed, and maintained according to the pes- ticide manufactur…

Secondary containment for bulk pesticide storage. Each owner or opera- tor shall meet the following requirements: (a) All bulk pesticide shall be stored within secondary containment. The secondary containment capac- ity shall be at least 110 percent of the capacity of the largest…

Requirements for mixing and loading pads for bulk pesticides. Each own- er or operator shall meet the following require- ments: (a) Each mixing and loading pad not con- nected to a storage area shall be of adequate size and design to contain at least 110 percent of the capacity o…

Requirements for bulk pesti- cide containers and appurtenances. Each owner or operator shall meet the following re- quirements: (a) Each bulk pesticide container shall be designed to handle all operating stress- es, including static pressure, pressure buildup from pumps and compr…

Discharge, recovery, and re- porting requirements. (a) Each owner or op- 189 Pesticides 4-13-25h erator shall recover promptly any discharge. The owner or operator may use the recovered pes- ticide for its intended purpose if it can be used according to the recovered pesticide’s …

Submission of diagrams, plans, and specifications. (a) The owner or operator of each bulk pesticide storage facility shall maintain diagrams, plans, and specifications of the facility on site and with the secretary. The copy main- tained at the facility shall be made available to…

(Authorized by and implementing K.S.A. 2-2467a and 2-2471; effective Dec. 27, 2002; revoked Sept. 3, 2010.)

Bulk pesticide storage facility inspection and maintenance requirements. (a) Each owner or operator shall inspect the bulk pesticide storage facility and secondary contain- ment, includingallappurtenances,atleast month- ly for any defects, including the following: (1) Corrosion; …

(Authorized by and implementing K.S.A. 2-2467a; effective Dec. 27, 2002; amended Sept. 3, 2010.)

Penalty for noncompliance with pesticide containment. (a) The license, certification, or registration of any pesticide busi- ness licensee, governmental agency registrant, pesticide dealer, or certified private applicator who is found to have violated a pesticide contain- ment re…

Change in owner or operator of bulk pesticide storage facility; reporting requirements. (a) If the owner or operator of a bulk pesticide storage facility changes, the new owner or operator shall notify the secretary of the change within 30 days after the effective date of the cha…

Preconstruction application of pesticide for termite control. In addition to the requirements of the label, each preconstruc- tion application of pesticide for the control of ter- mites shall consist of establishing both horizontal and vertical chemical barriers, as specified in …

Certificate of liability insurance. Each applicant for a pesticide business license shall provide the secretary with a certificate of lia- bility insurance which shall contain the following information: (a) the name of the insured pesticide business licensee; (b) the name of the …

Target pests which are not spec- ified on the pesticide’s label or labeling. Any pesticide may be applied for the purpose of con- trolling a pest which is not specified on the pes- ticide’s label or labeling provided that: (a)(1) the pesticide’s label or labeling authorizes appli…

General use pesticides for household application or use for the purpose of pesticide dealer registrations. General use pesticide products sold for household application or use shall include only those ready-to-use gener- al use pesticide products which: (a) are to be applied undi…

Categories and subcategories of qualification for the licensing of pesticide businesses and certification of commercial applicators. (a) The categories and subcatego- ries of qualification for licensing of pesticide busi- nesses and certification of commercial applicators shall i…

Dealer recordkeeping require- ments. (a) Each pesticide dealer shall maintain records of all restricted-use pesticide products sold or otherwise conveyed. These records shall be made available during reasonable business hours to the secretary or the secretary’s autho- rized repre…

Certificates of registration. Each pesticide dealer shall display that dealer’s current certificate of registration in a prominent location which can be seen by the general public. (Autho- rized by K.S.A. 2-2467a; implementing L. 1985, Ch. 12, section 2; effective, T-86-27, Aug. …

Report of address change by pesticide dealers. Each pesticide dealer shall notify the secretary of any change in its business address or business name by the tenth day of the month following the month in which the change occurred. (Authorized by K.S.A. 2-2467a; im- plementing L. …

Pest control technician regis- tration and renewal fees. The application fee for a pest control technician registration or for the renewal of a pest control technician registra- tion shall be $40.00. Each fee paid by the appli- cant pursuant to K.A.R. 4-13-9 shall be applied towa…

Verification of training of regis- tered pest control technicians. (a) Each pes- ticide business licensee who applies pesticides or causes pesticides to be applied for the control of wood destroying pests, structural pests, orna- mental pests, turf pests, interior landscape pests…

Registered pest control techni- cian identification cards. (a) The secretary shall issue an identification card to each registered pest control technician upon satisfactory completion of the requirements for registration. This identifi- cation card shall show the registered techn…

Training of registered pest con- trol technicians in wood destroying pest 194 DEPARTMENT OF AGRICULTURE 4-13-37 control and structural pest control. (a) All applicants for pest control technician registra- tion in wood destroying pest control or structural pest control shall have…

Renewal of pest control tech- nician registration. A pest control technician’s registrationmayberenewedforasucceedingone- year period by paying the fees prescribed by law, completingtherenewalapplicationformprovided by the secretary, and completing successfully six hours of class…

Training of registered pest con- trol technicians in ornamental pest control, turf pest control and interior landscape pest control. (a) All applicants for pest control techni- cian registration in ornamental pest control, turf pest control or interior landscape pest control shal…

Written statement of service by business. (a) Any written statement of services or contract shall comply with the provisions of K.A.R. 4-13-4a and shall be presented to the cus- tomer before or upon completion of the work covered by said written statement or contract. Provided, t…

Types of hearings. (a) A confer- ence adjudicative hearing may be used for the fol- lowing types of action: (1) Suspension or revocation of a pesticide busi- ness license for the licensee’s failure to maintain acceptable insurance or bond continuously during the licensing period …

(Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2449, 2-2451, and K.S.A. 77-513, 77-537, 77-538, 77-539, 77-540, 77-541; effective May 1, 1985; amended Jan. 25, 1993; re- voked July 18, 2008.)

(Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2449, 2-2451, and K.S.A. 77-513, 77-534, 77-535; effective May 1, 1985; amended Jan. 25, 1993; revoked July 18, 2008.)

Requirements for written con- tract or statement of services by business. (a) Each written contract or statement of services is- sued by a pesticide business licensee shall meet the following requirements, in addition to the require- ments of K.S.A. 2-2455 and amendments thereto:…

Written statement of service by certified commercial applicator not acting for business. (a) Any certified commercial appli- cator who is not employed by or otherwise acting for a pesticide business licensee shall prepare a 179 Pesticides 4-13-9 written statement of work performe…

Marking of vehicles. Each busi- ness licensee with a license in category 3 or 7, as specified in K.A.R. 4-13-3, shall mark any vehicle used in the application of pesticides, including any vehicle used in transporting pesticide application equipment to an application site. Each li…

Civil penalty; order. Each order assessing a civil penalty shall include the following: (a) A statement reciting each subsection of the act authorizing the assessment of civil penalty; (b) a specific reference to each provision of the act or implementing regulation that the respo…

(Authorized by K.S.A. 2-2467a; im- plementing K.S.A. 2-2440e; effective Jan. 1, 1989; amended Aug. 22, 1994; revoked July 18, 2008.)

Amount of civil penalty. (a) A separate civil penalty shall be assessed for each vi- olation of the pesticide law that results from each independent act or failure to act by any pesticide business licensee or pesticide dealer, or any agent or employee of a pesticide business lice…

Criteria to determine dollar amount of proposed civil penalty. In deter- mining the amount of any proposed civil penalty, the gravity of the violation shall be considered by the secretary or the secretary’s designee. Factors to be considered shall include: (a) The potential of th…

Informal settlement. (a) Any re- spondent may request a settlement conference if the respondent timely filed a written request for hearing. The request may be made before the prehearing conference. (b) If a settlement is reached, the parties shall reduce the settlement to writing…

Adjusting the amount of the civ- il penalty. (a) Each respondent shall present all evidence on the issue of adjustment of the civil penalty at the settlement conference. This evi- dence may include mitigating factors or new ev- idence not previously known to the agency when the o…

Termite control application pro- cedures. (a) Except as provided in subsection (c), each structure shall be treated by applying pesticide at the rate, concentration, and dosage specified on the product label in a manner that provides wooden construction elements with pro- tection…

Surety bond requirement. Any surety bond submitted by a pesticide business licensee to comply with the provisions of K.S.A. 2-2448 as amended shall provide bond coverage of notlessthan$6,000.Thebondshallbeeffectivefor a period not to exceed one year and shall extend to December 3…

Report of address, name, or per- sonnel change by business. (a) Each pesticide business licensee shall provide the secretary with written notification of any modification or change to the initial application regarding the business address or business name and of any change in ser…

(Authorized by K.S.A. 2-413, 2-424; implementing K.S.A. 2-413; effective, T-83-37, Nov. 10, 1982; effective May 1, 1983; revoked Oct. 18, 2002.)

(Authorized by K.S.A. 2-415, 2-424; implementing K.S.A. 2-415; effective, T-83-37, Nov. 10, 1982; effective May 1, 1983; revoked Oct. 18, 2002.)