South Dakota Administrative Code

Rule 12:56:17:02 Operational area containment requirements. 12:56:17:02. Operational area containment requirements. After February 1, 1995, the following requirements for containment apply to those operational areas where operational area containment is required pursuant to § 12:…

Rule 12:56:17:03 Pesticide handling and discharge response procedures and plans. 12:56:17:03. Pesticide handling and discharge response procedures and plans. All applicators who conduct operational area activities must utilize procedures to minimize and mitigate the adverse effec…

Rule 12:56:17:04 Training to be provided to employees. 12:56:17:04. Training to be provided to employees. Effective February 1, 1995, all private and commercial applicators who own or operate an operational area must conduct pesticide handling and discharge response plan training…

Rule 12:56:17:05 Recovery, storage, and use of discharges. 12:56:17:05. Recovery, storage, and use of discharges. All discharges within and outside of operational area containment shall be immediately recovered using absorbent materials, pumps, or similar means. Operational area …

Rule 12:56:17:06 Reporting of pesticide spills. 12:56:17:06. Reporting of pesticide spills. Pesticide discharges in excess of 25 pounds active ingredients that occur at operational areas outside of operational area containment must be reported to the department. Source: 18 SDR 49…

Rule 12:56:17:07 Pesticide operational area registration. 12:56:17:07. Pesticide operational area registration. Effective February 1, 1995, each pesticide operational area using operational area containment as required by § 12:56:17:01 must be registered with the department. The …

Rule 12:56:17:08 Prior approval required of plans and specifications for pesticide operational areas -- Dual approval if fertilizer containment requirements met. 12:56:17:08. Prior approval required of plans and specifications for pesticide operational areas -- Dual approval if f…

Rule 12:56:17:09 Contents of pesticide operational area containment registration application. 12:56:17:09. Contents of pesticide operational area containment registration application. An application for a pesticide operational area containment registration shall include the follo…

Rule 12:56:17:10 Connections to potable water supply. 12:56:17:10. Connections to potable water supply. All pesticide operational areas shall implement procedures to prevent backflow incidents from contaminating potable water supplies. Potable water supply lines may not be connec…

Rule 12:56:18:01 Repealed. 12:56:18:01. Pesticide recycling and disposal fee.Repealed. Source: 19 SDR 61, effective October 26, 1992; repealed, 22 SDR 166, effective June 6, 1996.

12:56:18:02. Containers acceptable for recycling. Pesticide containers acceptable for recycling must: (1) Be triple-rinsed or equivalent; (2) Consist of high density polyethylene plastic; (3) Contain no visible pesticide residue inside or outside of the container; (4) Contain no …

12:56:18:03. Pesticides acceptable for collection. Only waste pesticides are eligible for collection. Pesticides are prioritized based on the toxicity of the pesticide, the condition of the container, and the potential for the pesticide to harm human health or the environment. Pe…

Rule 12:56:18:04 Criteria for container collection and recycling activities. 12:56:18:04. Criteria for container collection and recycling activities. Pesticide collection and container recycling activities must be conducted in accordance with the following minimum criteria: (1) T…

Rule 12:62:02:01 Definitions. 12:62:02:01. Definitions. Words defined in SDCL 38-22-1.2 have the same meaning when used in this article. In addition, terms used in this article have the following meaning: (1) "Community," a township, a natural or artificial geographical area, or …

Rule 12:62:03:01 Characteristics of noxious weed. 12:62:03:01. Characteristics of noxious weed. A noxious weed possesses the following characteristics: (1) The weed is a perennial; (2) The weed is capable of unique and rapid spreading and growth under adverse conditions; (3) The …

12:62:03:01.01. Characteristics of declared pest. A declared pest possesses the following characteristics: (1) The pest is capable of spreading rapidly by natural means in a previously uninfested area; (2) The pest is not controllable without special preventive, chemical, biologi…

Rule 12:62:03:01.02 Repealed. 12:62:03:01.02. Exotic noxious weeds.Repealed. Source: 22 SDR 52, effective October 25, 1995; repealed, 23 SDR 185, effective May 8, 1997.

Rule 12:62:03:01.03 Repealed. 12:62:03:01.03. Primary noxious weeds.Repealed. Source: 22 SDR 52, effective October 25, 1995; repealed, 23 SDR 185, effective May 8, 1997.

Rule 12:62:03:01.04 Repealed. 12:62:03:01.04. Secondary noxious weeds.Repealed. Source: 22 SDR 52, effective October 25, 1995; repealed, 23 SDR 185, effective May 8, 1997.

Rule 12:62:03:01.05 Declared pests. 12:62:03:01.05. Declared pests. The following pests are declared pests statewide: (1) Gypsy moth. Source: 22 SDR 52, effective October 25, 1995; repealed, 23 SDR 185, effective May 8, 1997; readopted, 24 SDR 176, effective June 21, 1998; 29 SDR…

Rule 12:62:03:01.06 Statewide noxious weeds. 12:62:03:01.06. Statewide noxious weeds. The following weeds are declared to be noxious statewide: (1) Absinth wormwood (Artemisia absinthium); (2) Canada thistle (Cirsium arvense); (3) Hoary cress (Lepidium draba); (4) Leafy spurge (E…

12:62:03:01.07. List of weeds and pests for use in declaring locally noxious weeds or declared pests. A county board may select weeds or pests from the following list or may request declaration of other weeds that meet the requirements of §§ 12:62:07:01 and 12:62:07:02, when the …

Rule 12:62:03:02 Repealed. 12:62:03:02. Weeds declared noxious in state.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:03:03 Transferred. 12:62:03:03. Transferred to § 12:62:07:01.

Rule 12:62:03:04 Transferred. 12:62:03:04. Transferred to § 12:62:07:03.

Rule 12:62:03:05 Transferred. 12:62:03:05. Transferred to § 12:62:07:04.

Rule 12:62:03:06 Additions to and deletions from noxious weed and declared pest lists. 12:62:03:06. Additions to and deletions from noxious weed and declared pest lists. The commission shall evaluate additions and deletions to the noxious weed and declared pest lists at its annua…

Rule 12:62:03:07 Emergency designation of noxious weed or declared pest. 12:62:03:07. Emergency designation of a noxious weed or declared pest. With the concurrence of the chair of the commission, the secretary may make an emergency designation of a noxious weed or declared pest.…

Rule 12:62:07:01 Characteristics of locally noxious weed. 12:62:07:01. Characteristics of locally noxious weed. The commission may designate as a locally noxious weed a weed possessing the following characteristics: (1) The weed is biennial, perennial, or a pernicious annual; (2)…

Rule 12:62:07:02 Characteristics of locally declared pest. 12:62:07:02. Characteristics of locally declared pest. The commission may designate as a locally declared pest a pest possessing the following characteristics: (1) The pest is capable of spreading rapidly by natural means…

Rule 12:62:07:03 Request for designation as locally noxious weed or declared pest. 12:62:07:03. Request for designation as locally noxious weed or declared pest. Each board may request the commission to designate not more than eight species of weed or pest as locally noxious or d…

Rule 12:62:07:04 Weed and pest designated locally noxious weed or declared pest for five years. 12:62:07:04. Weed and pest designated locally noxious weed or declared pest for five years. Locally noxious weeds and declared pests retain their designation for five years, unless rem…

Rule 12:62:07:05 Emergency designation of locally noxious weed or declared pest. 12:62:07:05. Emergency designation of locally noxious weed or declared pest. The secretary may with the concurrence of the chair of the commission make an emergency designation of a noxious weed or l…

Rule 12:62:09:01 Board to direct, develop, present, and adopt weed and pest control program. 12:62:09:01. Board to direct, develop, present, and adopt weed and pest control program. Each board shall direct, develop, present, and adopt a program in cooperation with state and feder…

Rule 12:62:09:01.01 Number and time of board meetings. 12:62:09:01.01. Number and time of board meetings. The board shall conduct at least four paid meetings a year. The annual meeting shall be held before March 31. The annual inspection shall be made after July 1. Source: 10 SDR…

Rule 12:62:09:02 Repealed. 12:62:09:02. Officers.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:09:03 Repealed. 12:62:09:03. Terms of office.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:09:04 Repealed. 12:62:09:04. Certification of election to be sent to state weed control office.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:09:05 Reserved. 12:62:09:05. Reserved.

Rule 12:62:09:06 Repealed. 12:62:09:06. County weed board budget.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:09:07 Repealed. 12:62:09:07. Board expenses to be approved by board prior to submission to county commission.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:09:08 Repealed. 12:62:09:08. Responsibility for county highway weed control.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:09:09 Repealed. 12:62:09:09. Setting of community boundaries by county weed board.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:09:10 Repealed. 12:62:09:10. Minimum number of communities in county.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:09:11 Repealed. 12:62:09:11. Weed board to set elections.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:09:12 Reserved. 12:62:09:12. Reserved.

Rule 12:62:09:13 Repealed. 12:62:09:13. Time of elections of community representatives.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:09:14 Repealed. 12:62:09:14. Election of community representatives after organization.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:11:01 Repealed. 12:62:11:01. Informational investigations of noxious weeds.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.

Rule 12:62:11:02 Repealed. 12:62:11:02. Enforcement procedures to be commenced upon refusal of voluntary cooperation with weed control program.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.