Michigan Administrative Code

R 285.637.11 Commercial notification and posting requirements. Rule 11. (1) The requirements of this rule do not apply to general-use ready-to-use pesticide. (2) When making a broadcast, foliar, or space application of pesticides to an ornamental or turf site, other than a golf c…

R 285.637.12 Applicator service agreements. Rule 12. (1) Before applying a pesticide, a commercial applicator who is required to be licensed by the act, or his or her authorized agent, shall enter into an oral or written service agreement with the customer or authorized agent. Th…

R 285.637.13 Misrepresentation of pesticide safety prohibited. Rule 13. A commercial applicator shall not make false, misleading, deceptive, or fraudulent representations concerning pesticide safety. All of the following claims or statements are prohibited: (a) Any statement that…

R 285.637.14 Integrated pest management. Rule 14. For all pesticide applications other than sanitizers, germicides, disinfectants, or antimicrobial agents made in schools, public buildings, day care centers, and health care facilities, both of the following provisions shall be co…

R 285.637.15 Pesticide use in and around schools and day care centers. Rule 15. (1) All pesticide applications other than sanitizers, germicides, disinfectants, and anti-microbial agents that are made in and around schools, public Page 19 Courtesy of Michigan Administrative Rules…

R 285.637.16 Organic farms; listing. Rule 16. (1) The department shall annually compile a listing of organic farms. (2) The department shall provide the listing to all commercial pesticide application firms that are licensed in agricultural, right-of-way, or aerial application. (…

R 285.637.17 Penalties for violation of local pesticide ordinances. Rule 17. (1) A local unit of government shall utilize the following schedule of fines for violation of local ordinances authorized by section 21a(3) of the act: (a) A violation of R 285.637.5(8), which requires p…

R 285.637.2 Definitions; P to W. Rule 2. As used in these rules: (a) "Pesticide-containing material" means any of the following: (i) Any container of a pesticide product that has not been triple rinsed or the equivalent thereof. (ii) Any rinsate that is derived from a pesticide c…

R 285.637.3 Terms defined in act. Rule 3. Terms defined in the act have the same meanings when used in these rules. History: 1992 AACS; 2008 AACS.

R 285.637.4 Standards for pesticide use. Rule 4. A pesticide application shall be made in compliance with all of the following provisions: (a) A pesticide shall be used in a manner that is consistent with its label. (b) Pesticide applications shall be made in a manner that preven…

R 285.637.6 Mixing and loading facilities. Rule 6. (1) Pesticide mixing or loading shall not occur at a mixing and loading facility unless the mixing or loading is in compliance with the provisions of this subrule. Page 8 Courtesy of Michigan Administrative Rules Mixing and loadi…

R 285.637.7 Washing and rinsing facilities. Rule 7. The washing or rinsing of pesticide residues from application equipment, mixing equipment, or other items that are used for the storage, handling, or use of a pesticide shall not be performed at a washing or rinsing facility oth…

R 285.637.8 Management of excess pesticides and pesticide-containing materials. Rule 8. (1) Persons who have pesticide-containing materials that consist of pesticides for which federal or state registration has not been suspended may, except as provided in subrules (3) and (4) of…

R 285.637.9 Personal protective equipment. Rule 9. (1) A pesticide applicator shall follow label directions regarding personal protective equipment. (2) Commercial applicators who use a pesticide shall comply with all of the following minimum protective equipment requirements, un…

R 400.637 Handling of resident funds and valuables. Rule 637. (1) A licensee may accept resident funds and valuables to be held in trust on request from a resident or a resident's designated representative. (2) Resident funds or valuables that have been accepted for safekeeping m…

R 500.637 Waivers of compliance with rules. Rule 637. (1) If the statutes or rules of the place of domicile of an insurer prevent compliance with part of these rules, the insurer may advise the commissioner in writing. If the insurer demonstrates that the statute or rules of the …

R 432.637 Self-monitoring of internet gaming platform critical components. Rule 637. An internet gaming platform must, at least once every 24 hours, perform a self-authentication process on all software used to offer, record, and process internet wagers conducted under this act t…

R 432.638 Internet gaming platform assessment. Rule 638. (1) Each internet gaming operator or internet gaming platform provider shall, within 90 days after commencing operations, and annually thereafter, perform an internet gaming platform integrity and security assessment of the…

R 400.639 Staff records. Rule 639. (1) A licensee shall maintain a record for each staff that contains all of the following: (a) Name, address, telephone number, and Social Security number. (b) Copy or number of a professional or vocational license, certification, or registration…

R 285.640.1 Definitions. Rule 1. As used in these rules: (a) "Approved" means approval by the director of the department or his or her representative. (b) "Appurtenances" means any of the following which are connected to a bulk pesticide container or which are used for transferri…

R 285.640.10 Operational area containment of liquid pesticides. Rule 10. (1) Operational areas shall be curbed or sloped to allow the containment of accumulated liquids. The area shall be constructed of reinforced concrete or other suitable material approved by the department, to…

R 285.640.12 Abandoned containers. Rule 12. (1) Storage containers and other containers that are used at a storage facility to hold bulk pesticide or pesticide rinsates are considered abandoned if they have been out of service for more than 6 months because of a weakness or leak …

R 285.640.13 Site closure and discontinuation of operation. Rule 13. (1) When a bulk pesticide storage facility is closed or operations are discontinued, all of the following provisions shall be complied with: (a) All pesticides, rinsates, washwaters, and other materials that con…

R 285.640.14 Storage of bulk dry pesticides. Rule 14. (1) Dry pesticide materials shall be stored in storage containers that are effectively designed and constructed to hold bulk dry pesticide and shall be compatible with the stored pesticide. Storage containers shall be construc…

R 285.640.15 Discharge response plan. Rule 15. (1) An operator of a storage facility shall prepare a written discharge response plan for the storage facility. The plan shall include all of the following information: (a) The identities and telephone numbers of the persons or agenc…

R 285.640.16 Inspection and maintenance requirements. Rule 16. (1) An operator of a storage facility shall maintain all of the following so as to minimize the risk of a discharge: (a) Storage facilities. (b) Secondary containment areas. (c) Operational areas. (d) Storage containe…

R 285.640.17 Recordkeeping requirements. Rule 17. (1) All of the following records shall be prepared and maintained on file at every storage facility or at the nearest local office from which the storage facility is administered: (a) A record of all discharges to the environment …

R 285.640.18 Remediation actions. Rule 18. (1) If a discharge to the environment is reported or, if as a result of observation or laboratory analysis by a state or federal agency, it is determined that a discharge to the environment has occurred, an operator shall comply with all…

R 285.640.19 Advisory information. Rule 19. (1) The information specified in this rule is offered by the department with respect to other state agencies and their policies and regulations that may have an impact on bulk storage facilities. (2) All the following provisions apply t…

R 285.640.2 Storage facility registration. Rule 2. (1) A person shall not operate a storage facility in Michigan until it is registered with the department. A registration application shall be submitted for each facility on forms provided by the department. The registration appli…

R 285.640.3 Siting of storage facilities. Rule 3. (1) The siting of a bulk pesticide storage facility shall comply with applicable local, state, and federal regulations. (2) New bulk storage facilities and their respective containment areas shall be located as follows: (a) Above …

R 285.640.4 Primary containment of bulk liquid pesticides. Rule 4. (1) A storage container shall not be made of ferrous metals unless the container is made of stainless steel, the container has a protective lining which prevents corrosion and which does not react chemically with …

R 285.640.5 Liquid level gauging devices. Rule 5. (1) Every storage container shall be equipped with a liquid level gauging device that can readily and safely determine the level of liquid in the storage container. A liquid level gauging device is not required if the level of liq…

R 285.640.6 Venting requirements. Rule 6. (1) Each storage container that is used for bulk liquid pesticide shall be equipped with a vent that has a hood or an inverted opening. (2) Conservation vents shall be used on containers that store products where loss of vapor affects pro…

R 285.640.7 Security requirements. Rule 7. (1) Storage containers and appurtenances shall be secured to provide reasonable protection from wildlife, vandalism, and unauthorized access. Security shall be provided by fencing, lighting, locks, or other approved means. (2) Appurtenan…

R 285.640.8 Secondary containment of bulk liquid pesticides. Rule 8. (1) Primary storage containers of bulk pesticide shall be located within a diked containment area that is constructed with a base, perimeter wall, sloped floor, and watertight catch basin or sump. A containment …

R 285.640.9 Alternative to diking for storage containers. Rule 9. (1) An individual storage container that does not have a capacity of more than 3,000 gallons may be contained within a secondary storage container, that is, an elephant ring, instead of a diked containment area. (2…

R 285.641.1 Definitions. Rule 1. (1) As used in these rules: (a) "API 650 standard" means the American Petroleum Institute standard number 650, tenth edition, November 1998, containing standards for the design and construction of welded steel tanks for oil storage, published by t…

R 285.641.10 Containment area management and operation. Rule 10. (1) If a secondary containment area is in use, then a storage facility shall manage accumulated precipitation, spills, or leaks within the containment area as follows: (a) Remove accumulated liquids by a manually ac…

R 285.641.11 Abandoned containers. Rule 11. (1) Storage containers and other containers that are used at a storage facility to hold bulk fertilizer or fertilizer rinsates are considered abandoned if they have been out of service for more than 6 months because of a weakness or lea…

R 285.641.12 Site closure and discontinuation of operation. Rule 12. (1) If a bulk fertilizer storage facility is closed or operations are discontinued, then both of the following provisions shall be complied with: (a) A storage facility shall remove all fertilizers, rinsates, wa…

R 285.641.13 Storage of bulk dry fertilizer. Rule 13. (1) A storage facility shall store and handle dry fertilizer materials in a manner to prevent contamination by minimizing losses to the air, surface water, groundwater, or subsoil. (2) A storage facility shall store nonfluid f…

R 285.641.14 Discharge response plan. Rule 14. (1) An operator of a storage facility shall prepare a written discharge response plan for the storage facility. The plan shall include all of the following information: (a) The identities and telephone numbers of the persons or agenc…

R 285.641.16 Recordkeeping requirements. Rule 16. (1) A storage facility shall prepare, maintain, and keep readily available all of the following records for a period of not less than 3 years at every storage facility or at the nearest local office from which the storage facility…

R 285.641.17 Remediation actions. Rule 17. (1) If a discharge to the environment is reported or it is determined that a discharge to the environment has occurred, then an operator shall comply with both of the following provisions: (a) Remove contaminated materials from the site,…

R 285.641.18 Advisory information. Rule 18. (1) The information specified in this rule is offered by the department with respect to other state agencies and their policies and regulations that may have an impact on bulk storage facilities. (2) All the following provisions apply t…

R 285.641.2 Storage facility registration. Rule 2. (1) A person shall not operate a storage facility in Michigan until it is registered with the department. Each facility shall submit a registration application on forms provided by the department. The registration application sha…