TITLE 357 INDIANA PESTICIDE REVIEW BOARD
Proposed Rule
LSA Document #12-513
DIGEST
Authority: IC 15-16-4-50
Sec. 1. The following definitions apply throughout this rule:
(1) "Business location" means the physical site of each office, warehouse, salesroom, or other establishment with a distinct mailing or electronic address at which orders for pesticide products with restricted uses are brokered or accepted from certified users.
(2) "Certified user" means the following:
(C) A person acting as an agent for and under the direct supervision of clause (A) or (B).
(3) "Restricted use pesticide dealer" means any business location from which restricted use pesticides are distributed or brokered to certified users.
357 IAC 1-3-3 Distribution to certified users by registered dealers only
Authority: IC 15-16-4-50
Sec. 3. Restricted use pesticides shall be distributed to certified users only by restricted use pesticide dealers who are registered in accordance with IC 15-3-3.6-12 IC 15-16-5-57 and in compliance with regulations pertaining thereto.
Rule 6. Civil Penalty Assessment Schedule
Authority: IC 15-16
Sec. 1. The following definitions apply throughout this rule:
(5) "Labeling" means all products labels and written, printed, or graphic material as described in IC 15-3-3.5-2(18). IC 15-16-4-24.
(6) "Legal citation" means the Indiana Code (IC) or the Indiana Administrative Code (IAC) section or subsection cited on the schedule to describe the relevant portion of a pesticide law or rule that has been violated.
(8) "Per day" means the method to be utilized for determining the civil penalty to be assessed for a violation that is of a continuing nature but may be the result of one (1) distinguishable act or failure to act. The violation number shall remain the same when assessing civil penalties for multiple counts of violation on a per day basis.
(9) "Per incident" means the method to be utilized for determining the violation number for a violation that is usually not of a continuing nature and is the result of a separate and distinguishable act or failure to act. Violations involving separate and distinguishable acts may be assigned accumulating violation numbers.
(10) "Per person" means the method to be utilized for determining the civil penalty to be assessed for a violation that may involve more than one (1) person. The violation number shall remain the same when assessing civil penalties on a per person basis.
(10) (11) "Per product" means the method to be utilized for determining the violation number for a violation that may involve more than one (1) different product. Violations involving multiple products will be assigned accumulating violation numbers.
(12) (13) "Per year" means the method to be utilized for determining the violation number for a violation that may be documented on several dates or at several locations but is the result of one (1) distinguishable act or failure to act.
(15) (16) "State chemist" means the Indiana state chemist or his or her appointed agent.
(16) (17) "Violation assessment" means the scheme to be utilized for determining the violation number and the count of violations eligible to be assessed civil penalties on the schedule. This scheme includes the concept of assessing civil penalties on a per incident, per day, per product, and per year basis as indicated on the schedule.
Authority: IC 15-16
Sec. 2. (a) The schedule of civil penalties for violations of IC 15-3-3.5, the Indiana Pesticide Registration Law, IC 15-16-4 and IC 15-16-5, and the rules adopted under this law these laws is as follows:
| | | | | |
| Legal Citation | General Description of Violation | Violation Number | Violation Assessment |
| 1 | 2 | 3 and subsequent |
IC 15-3-3.5-3(1) IC 15-16-4-57(1) or IC 15-3-3.5-18.1(a)(1) IC 15-16-4-66(1) | Produce, distribute, display, sell, offer for sale, or transport a nonregistered pesticide product. | $250 | $500 | $1,000 | Per product and per year |
IC 15-3-3.5-3(2) IC 15-16-4-57(2) | Produce, distribute, display, sell, offer for sale, or transport a pesticide product with labeling claims or directions for use different from that registered. | $100 | $200 | $300 | Per product and per year |
IC 15-3-3.5-3(3) IC 15-16-4-57(3) | Produce, distribute, display, sell, offer for sale, or transport a pesticide product with composition different from that registered. | $250 | $500 | $1,000 | Per product and per year |
IC 15-3-3.5-3(4) IC 15-16-4-57(4) | Produce, distribute, display, sell, offer for sale, or transport a pesticide product with incomplete or illegible label or in a container other than manufacturer's immediate, unbroken, and approved or authorized container. | $250 | $500 | $1,000 | Per product and per incident |
IC 15-3-3.5-3(5) | Distribute an improperly colored product. | $250 | $500 | $1,000 | Per product and per year |
IC 15-3-3.5-3(6) IC 15-16-4-57(5), IC 15-3-3.5-18.1(2) IC 15-16-4-66(2), or IC 15-3-3.5-18.1(3) IC 15-16-4-66(3) | Produce, distribute, display, sell, offer for sale, or transport an adulterated or misbranded pesticide product. | $250 | $500 | $1,000 | Per product and per year |
IC 15-3-3.5-3(7) IC 15-16-4-57(6) or IC 15-16-4-57(9) | Produce, distribute, display, sell, offer for sale, or transport a pesticide product in a container not in compliance with container rules adopted by the board or regulations adopted under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) | $250 | $500 | $1,000 | Per product, and per
incident, and per year |
IC 15-3-3.5-3(8) IC 15-16-4-57(7) or IC 15-16-4-59(5) | Distribute a highly volatile herbicide except on written permission by the state chemist. | $250 | $500 | $1,000 | Per product and per incident |
IC 15-3-3.5-3(9) IC 15-16-4-57(8) | Produce, distribute, display, sell, offer for sale, transport, or store a bulk pesticide without an a fully compliant label affixed label to the container. | $100 | $200 | $300 | Per product and per incident |
| IC 15-16-4-57(9) | Produce, distribute, sell, offer for sale, or transport a pesticide that violates the Federal Insecticide, Fungicide, and Rodenticide Act (U.S.C. 136 et seq.) or regulations adopted under the Act. | $250 | $500 | $1,000 | Per product and per incident |
IC 15-3-3.5-4(1) IC 15-16-4-59(1) | Detach, alter, deface, or destroy a pesticide product label or labeling. or adulterate a product. | $250 | $500 | $1,000 | Per product and per incident |
IC 15-3-3.5-4(2) IC 15-16-4-59(2) | Reveal a product formula. Add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of IC 15-16-4 or IC 15-16-5. | $250 | $500 | $1,000 | Per product and per incident |
IC 15-3-3.5-4(3) IC 15-16-4-59(4) | Use or cause to be used a pesticide not in compliance with use, distribution, storage, transportation, disposal, or container rules. contrary to the rules adopted by the board. | $250 | $500 | $1,000 | Per product and per incident |
| IC 15-16-4-59(6) or IC 15-16-5-65(6) | Neglect, or after notice, refuse to comply with IC 15-16-4, IC 15-16-5, the rules adopted under these chapters, or any lawful order of the state chemist or board. | $250 | $500 | $1,000 | Per product and per incident |
IC 15-3-3.5-25 | Sell, use, or remove without permission a product placed under a stop sale, use, or removal order. | $250* | $500* | $1,000* | Per incident |
IC 15-3-3.5-33 IC 15-16-4-67 or IC 15-16-5-64 | Store, display Produce, handle, transport, store, display, dispose, or distribute a pesticide product or pesticide product container in a hazardous manner that may endanger or cause injury to humans, beneficial vegetation, crops, livestock, wildlife, beneficial insects, the environment, food, feed, or other associated products. | $250 | $500 | $1,000 | Per incident |
IC 15-3-3.5-34 IC 15-16-4-68 | Store, discard, or Dispose of, discard, or store a pesticide product or pesticide container in a hazardous manner that may cause injury to humans, plants, animals, wildlife, lands, or waters. | $250 | $500 | $1,000 | Per incident |
| IC 15-16-4-73(c) | Sell, use, or remove without written permission from the state chemist or by a court order a pesticide product placed under a stop sale, use, or removal order by the state chemist. | $250* | $500* | $1,000* | Per incident |
| IC 15-16-4-77 or IC 15-16-5-65(19) | Recklessly, knowingly, or intentionally impede or prevent the state chemist or the state chemist's agent in the performance of the state chemist's duty in connection with IC 15-16-4 or IC 15-16-5. | $250* | $500* | $1,000* | Per incident |
| IC 15-16-5-65(1) | Make a false or fraudulent claim either verbally or through any media misrepresenting the effect of a pesticide product or a method to be used. | $250 | $500 | $1,000 | Per incident and per day |
| IC 15-16-5-65(2) | Recommend, use, or supervise the use of a registered pesticide product in a manner inconsistent with its labeling, or in violation of the United States Environmental Protection Agency or Indiana state restrictions on the use of that pesticide product. | $250 | $500 | $1,000 | Per incident and per day |
| IC 15-16-5-65(3) | Use a known ineffective or improper pesticide product or known ineffective amount of pesticide. | $250 | $500 | $1,000 | Per incident |
| IC 15-16-5-65(4) | Operate faulty or unsafe equipment. | $250 | $500 | $1,000 | Per incident and per day |
| IC 15-16-5-65(5) | Operate in a careless or negligent manner. | $250 | $500 | $1,000 | Per incident and per day |
| IC 15-16-5-65(7) | Refuse or neglect to keep and maintain the records required by IC 15-16-5 or to make reports and supply information when required or requested by the state chemist in the course of an investigation or inspection. | $250 | $500 | $1,000 | Per incident and per day |
| IC 15-16-5-65(8) | Make false or fraudulent records, invoices, or reports. | $250 | $500 | $1,000 | Per incident and per day |
| IC 15-16-5-65(9) | Engage in or profess to engage in the business of using a pesticide or any other product regulated under IC 15-16-5 or by rules adopted under IC 15-16-5 or making a diagnostic inspection to determine infestations of a wood destroying pest for hire on the property of another without having a pesticide business license issued by the state chemist. | $250 | $500 | $1,000 | Per day |
| IC 15-16-5-65(10) | Use a restricted use pesticide without having an applicator, who is licensed or permitted under IC 15-16-5, in direct supervision. | $250 | $500 | $1,000 | Per incident, per day, and per person |
| IC 15-16-5-65(11) | Use fraud or misrepresentation in making an application for, or renewal of, a license, permit, registration, or certification. | $250 | $500 | $1,000 | Per incident and per person |
| IC 15-16-5-65(12) | Refuse or neglect to comply with any limitations or restrictions on or in a duly issued license, permit, registration, or certification. | $250 | $500 | $1,000 | Per incident and per day |
| IC 15-16-5-65(13) | Aid or abet a person to evade IC 15-16-5, conspire with a person to evade IC 15-16-5, or allow a license, permit, registration, or certification to be used by another person. | $250* | $500* | $1,000* | Per day |
| IC 15-16-5-65(14) | Make false or misleading statements during or after an inspection concerning any infestation or infection of pests. | $250 | $500 | $1,000 | Per incident |
| IC 15-16-5-65(15) | Impersonate any federal, state, county, or city inspector, investigator, or official. | $250* | $500* | $1,000* | Per incident |
| IC 15-16-5-65(16) | Knowingly purchase or use a pesticide product that was not registered under IC 15-16-4. | $250 | $500 | $1,000 | Per incident |
| IC 15-16-5-65(17) | Fail to continuously maintain financial responsibility required under IC 15-16-58 or to provide proof of financial responsibility to the state chemist when requested. | $250 | $500 | $1,000 | Per day |
| IC 15-16-5-65(18) | Intentionally alter a duly issued license, permit, registration, or certification. | $250* | $500* | $1,000* | Per incident |
| 355 IAC 4-2-3 | Fail to provide on-site supervision to a noncertified individual. | $125 | $250 | $500 | Per day |
| 355 IAC 4-2-5 | Fail to provide direct supervision. | $125 | $250 | $500 | Per day |
| 355 IAC 4-2-6 | Fail to provide technician with label, fact sheet, safety equipment, or voice communication. | $25 | $50 | $100 | Per day |
| 355 IAC 4-2-7 | Supervise more than 10 technicians. | $100 | $100 | $100 | Per day and per person |
| 355 IAC 4-2-8 | Fail to have technician credential at the work site. | $25 | $50 | $100 | Per incident |
| 355 IAC 4-4-1 | Fail to keep and maintain commercial applicator restricted use pesticide application records. | $100 | $200 | $300 | Per day |
| 355 IAC 4-4-1.5 | Fail to keep and maintain private applicator restricted use pesticide application records. | $100 | $100 | $100 | Per day |
| 355 IAC 4-4-1 or 355 IAC 4-4-1.5 | Fail to keep all required restricted use pesticide application record elements. | $25 | $50 | $100 | Per day |
| 355 IAC 4-4-3 | Fail to register as a restricted use pesticide dealer. | $250 | $500 | $1,000 | Per day |
| 355 IAC 4-4-3 | Fail to keep restricted use pesticide sale or distribution records. | $250 | $500 | $1,000 | Per day |
| 355 IAC 4-5-2(1) | Fail to develop for hire termiticide application records. | $100 | $200 | $300 | Per day |
| 355 IAC 4-5-2(2) | Fail to keep all required for hire termiticide application records. | $25 | $50 | $100 | Per day |
| 355 IAC 4-5-2(3) | Fail to keep for hire termiticide application records for five years. | $100 | $200 | $300 | Per day |
| 355 IAC 4-5-2(4) | Fail to provide label and application specifications to termite control technicians. | $25 | $50 | $100 | Per incident |
| 355 IAC 4-5-2(5) | Fail to ensure the completed termite control customer disclosure form is issued to the customer before the application. | $250 | $500 | $1,000 | Per incident |
| 355 IAC 4-5-2(6) | Fail to ensure that the state chemist is notified in advance of a preconstruction termiticide application. | $250 | $500 | $1,000 | Per incident |
| 355 IAC 4-7-7 | Make false or fraudulent reports or misrepresent participation in the certification or registration renewal process. | $250 | $500 | $1,000 | Per incident |
| 357 IAC 1-3-2 | Distribute a restricted use pesticide to a noncertified user. | $250* | $500* | $1,000* | Per incident |
| 357 IAC 1-3-3 | Distribute a restricted use pesticide without a dealer registration. | $250 | $500 | $1,000 | Per incident |
| 357 IAC 1-3-5(a) | Fail to keep restricted use pesticide distribution records. | $100 | $200 | $300 | Per incident |
| 357 IAC 1-3-5(c) | Fail to keep complete all required elements of restricted use pesticide distribution records. | $25 | $50 | $75 | Per incident |
| 357 IAC 1-5-2(a) | Fail to place a lawn marker at the time of a commercial application for hire. | $100 | $200 | $300 | Per incident |
| 357 IAC 1-5-2(b) | Fail to ensure the lawn marker meets all of the required specifications. | $50 | $100 | $200 | Per incident |
| 357 IAC 1-5-3 | Fail to provide written customer notification containing all required notification elements. | $100 | $200 | $300 | Per incident |
| 357 IAC 1-10-2 | Load, mix, or store a pesticide within an isolation area around a community public water supply system. | $100 | $200 | $300 | Per incident and per day |
| 357 IAC 1-10-3 | Fail to provide proper storage or containment in wellhead area. | $100 | $200 | $300 | Per day |
| 357 IAC 1-10-4 | Fail to properly and immediately clean up a pesticide spill within an isolation wellhead area. | $250 | $500 | $1,000 | Per incident and per day |
| 357 IAC 1-11-2 | Use or supervise the use of a pesticide for community-wide mosquito abatement without a category 8 license. | $250 | $500 | $1,000 | Per day |
| 357 IAC 1-11-3 | Fail to supervise a noncertified community-wide abatement applicator as required. | $250 | $500 | $1,000 | Per day |
| 357 IAC 1-12-2 | Apply a pesticide in a manner that allows it to drift from the target site in sufficient quantity to cause harm to a nontarget site. | $250 | $500 | $1,000 | Per incident |
| 357 IAC 1-13-2 | Cause the open burning of a pesticide container. | $250 | $500 | $1,000 | Per incident and per product |
| 357 IAC 1-14-3(a) | Fail to attach the required labeling to a pesticide service container. | $250 | $500 | $1,000 | Per incident and per product |
| 357 IAC 1-14-3(b) | Fail to have possession of a complete label copy during transport of a pesticide service container. | $250 | $500 | $1,000 | Per incident and per product |
| 357 IAC 1-15-2 | Use or supervise the use of a pesticide on a golf course without having a category 3b commercial applicator license. | $250 | $500 | $1,000 | Per day |
| 357 IAC 1-15-3 | Fail to supervise a noncertified pesticide applicator on a golf course. | $250 | $500 | $1,000 | Per day |
| 357 IAC 1-15-4 | Fail to keep and maintain all required records of a pesticide applied on the golf course. | $250 | $500 | $1,000 | Per day |
| 357 IAC 1-16-4 | Use or supervise the use of a pesticide at a school without the proper commercial applicator license. | $250 | $500 | $1,000 | Per incident |
| 357 IAC 1-16-5 | Fail to supervise a noncertified pesticide applicator at a school. | $250 | $500 | $1,000 | Per incident |
| 357 IAC 1-16-6(a) | Apply a pesticide at a school during normal instructional hours when school is in session. | $250 | $500 | $1,000 | Per incident |
| 357 IAC 1-16-6(c) | Allow a student to enter a pesticide treatment area during the required restricted reentry period. | $250 | $500 | $1,000 | Per incident |
| 357 IAC 1-16-7 | Store a pesticide at a school contrary to the storage requirements. | $250 | $500 | $1,000 | Per incident |
| 357 IAC 1-16-8 | Fail to provide required pesticide notification. | $250 | $500 | $1,000 | Per incident |
| 357 IAC 1-16-9(a) | Fail to keep and maintain required pesticide application at school records. | $250 | $500 | $1,000 | Per incident |
| 357 IAC 1-16-9(f) | Fail to provide requested pesticide application records for inspection or copying. | $250 | $500 | $1,000 | Per incident |
| 355 IAC 5-2-1 or 355 IAC 5-2-4 | Store a pesticide in a bulk container made of improper design or materials. | $100 | $200 | $300 | Per incident and per day |
| 355 IAC 5-2-2 | Store a pesticide in an underground bulk container. | $250 | $500 | $1,000 | Per incident and per day |
| 355 IAC 5-2-3 | Abandon a bulk storage container improperly. | $250 | $500 | $1,000 | Per incident |
| 355 IAC 5-2-5 | Fail to anchor a bulk storage container to prevent flotation or instability. | $100 | $200 | $300 | Per incident and per day |
| 355 IAC 5-2-6 | Fail to vent a bulk storage container. | $100 | $100 | $100 | Per incident |
| 355 IAC 5-2-7 | Fail to provide bulk storage container security. | $100 | $100 | $100 | Per day |
| 355 IAC 5-2-8 | Fill bulk storage container beyond intended capacity. | $100 | $200 | $300 | Per incident |
| 355 IAC 5-2-9 | Fail to have proper shut-off valve on bulk storage container. | $50 | $50 | $50 | Per day |
| 355 IAC 5-2-10 | Fail to support bulk storage container appurtenances. | $50 | $50 | $50 | Per day |
| 355 IAC 5-2-11 | Fail to have a proper liquid level gauging device on a bulk storage container. | $50 | $50 | $50 | Per incident |
| 355 IAC 5-2-12 | Fail to maintain a bulk storage container. | $100 | $100 | $100 | Per day |
| 355 IAC 5-3-1(a) | Fail to carry out operational area activities within contained area. | $250* | $500* | $1,000* | Per incident |
| 355 IAC 5-3-1(b) or 355 IAC 5-3-1(d) | Operate operational area containment with improper design, construction, capacity, or drainage. | $100 | $200 | $300 | Per incident and per day |
| 355 IAC 5-3-1(e) | Fail to remove liquids promptly from operational area containment. | $100 | $200 | $300 | Per day |
| 355 IAC 5-3-1(f) | Fail to protect storage containers and appurtenances from damage by vehicles. | $250 | $500 | $1,000 | Per incident |
| 355 IAC 5-3-1(h) | Fail to maintain operational area containment. | $100 | $200 | $300 | Per day |
| 355 IAC 5-4-1(a) | Store a bulk storage container outside of secondary containment. | $250* | $500* | $1,000* | Per day |
| 355 IAC 5-4-1(b) | Fail to separate pesticide secondary containment from other materials. | $100 | $200 | $300 | Per day |
| 355 IAC 5-4-1(c) | Fail to maintain required capacity for secondary containment. | $100 | $200 | $300 | Per day |
| 355 IAC 5-4-1(f) | Operate secondary containment with tile drainage within or under the containment. | $100 | $200 | $300 | Per day |
| 355 IAC 5-4-2 | Operate secondary containment with improperly constructed or sealed walls. | $100 | $200 | $300 | Per day |
| 355 IAC 5-4-3 | Operate secondary containment with improperly constructed or sealed base. | $100 | $200 | $300 | Per day |
| 355 IAC 5-4-4 | Operate secondary containment with a relief outlet, valve, or improper pump. | $100 | $200 | $300 | Per day |
| 355 IAC 5-4-7 | Operate an improperly designed, constructed, or maintained elephant ring. | $100 | $200 | $300 | Per day |
| 355 IAC 5-4-8(a) | Fail to maintain secondary containment. | $100 | $200 | $300 | Per day |
| 355 IAC 5-4-8(b) | Fail to maintain secondary containment free of debris and foreign matter. | $25 | $50 | $100 | Per day |
| 355 IAC 5-5-1 | Store dry bulk pesticide in improper, non-elevated, uncovered, or unsecured container or manner. | $250 | $500 | $1,000 | Per day |
| 355 IAC 5-8-1 | Fail to notify the state chemist annually of the bulk storage facility location and status. | $50 | $100 | $150 | Per year |
| * This penalty shall not be subject to the potential for mitigation listed in section 5 of this rule. |
(b) Each penalty for each violation, if the violation is of a continuing nature, shall not be imposed for more than one hundred eighty (180) days when assessed on a per day basis.
(c) Each penalty for each violation, if the violation is of an identical repetitive nature, shall not be imposed for more than one hundred eighty (180) incidents when assessed on a per incident basis.
(Indiana Pesticide Review Board; 357 IAC 1-6-2; filed Jan 9, 1992, 3:00 p.m.: 15 IR 706; readopted filed Oct 29, 2001, 4:41 p.m.: 25 IR 936; filed Jan 7, 2005, 2:15 p.m.: 28 IR 1690; readopted filed Nov 18, 2011, 1:21 p.m.: 20111214-IR-357110572RFA)
357 IAC 1-10-3 Pesticide storage within the WHPA and outside of the isolation area
Authority: IC 15-16-5-44; IC 15-16-5-64
Sec. 3. (a) Pesticide containers stored:
(1) within a WHPA; and
(2) outside of an isolation area determined by the Indiana department of environmental management; and
(3) with the capacity for the storage of to hold pesticides in undivided quantities exceeding fifty-five (55) U.S. gallons or one hundred (100) pounds dry product;
shall be subject to the storage and containment requirements in 355 IAC 5. (b) Pesticide containers not covered by the requirements referenced in subsection (a) shall be stored:
(1) on an impervious surface;
(2) in a covered area that is protected from precipitation; and
(3) within secondary containment when the quantity of pesticide product in all containers exceeds fifty-five (55) U.S. gallons of liquid or one hundred (100) pounds of dry product and a spill or leak is likely to enter a septic system, sanitary or storm sewer, drinking water well, or dry well.
(c) Secondary containment required in subsection (b) shall be:
(1) constructed with a capacity of a minimum of at least one hundred ten percent (110%) of the volume of the largest storage container within the contained area plus the volume displaced by all other pesticide containers, equipment, and other items in the containment vessel; and
(2) constructed, installed, and maintained so as to prevent the spill or leakage of the pesticide.
357 IAC 1-10-4 Cleanup of discharged or spilled pesticide
Authority: IC 15-16-5-44; IC 15-16-5-64
Sec. 4. (a) Remediation and cleanup of a discharged or spilled pesticide in an isolation area shall be performed immediately upon discovery.
(b) Clean-up procedures shall be conducted in:
(1) in accordance with the procedures on the pesticide product label; and
(2) in a manner that prevents the pesticide from impacting the soil or ground water, and from reaching a drinking water well, dry well, storm sewer, sanitary sewer, or septic system.
Posted: 10/17/2012 by Legislative Services Agency
DIN: 20121017-IR-357120513PRA
Composed: Apr 19,2024 5:39:49AM EDT
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