Colorado Department of Agriculture
Conservation Services Division
Water Quality Control Concerning Agricultural Chemicals and Ground Water
8 CCR 1206-1
II.	PESTICIDES
Part 11.0	Definitions
These definitions apply to Parts 11 through 18.
11.1.	“Agricultural Chemical” for pesticides means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; except that the term “pesticide” shall not include any article that is a “new animal drug” as designated by the United States Food and Drug Administration.
11.2.	“Appurtenances” means all valves, pumps, fittings, pipes, hoses, metering devices, mixing containers, and dispensing devices which are connected to a storage container, or which are used to transfer bulk pesticide into or out of a storage container.
11.3.	“Bulk pesticide” means any pesticide which is transported or held in an individual container in undivided quantities of greater than fifty-five (55) U.S. gallons liquid measure or one hundred (100) pounds net dry weight.
11.4.	“Bulk pesticide storage facility” means any facility or site where pesticides are being stored in bulk for a period of more than 15 consecutive days. Any bulk storage facility within 300 feet of another bulk pesticide storage facility shall be considered one facility for the purpose of determining the number of consecutive days in storage.
11.5.	“Dry pesticide” means any pesticide which is in solid form prior to any application or mixing for application, and includes formulations such as dusts, wetable powders, dry flowable powders, and granules.
11.6.	“Impervious” means that the structure shall be maintained so that liquid pesticide or water does not move through it at a rate that exceeds 1 X 10-7 centimeters per second (~0.0035 inches per day).
11.7.	“Liquid pesticide” means any pesticide in liquid form, and includes solutions, emulsions, suspensions and slurries.
11.8.	“Mixing and loading area” means a physical site where pesticides are transferred, loaded, unloaded, mixed, repackaged, refilled or where pesticides are cleaned, washed or rinsed from containers or application, handling, storage or transportation equipment. Any mixing and loading area within 300 feet of another mixing and loading area shall be considered one mixing and loading area for the purpose of determining the threshold amount of formulated product or active ingredient of pesticides.
11.9.	“Mobile container” means any storage container designed for transportation.
11.10.	“Primary containment” means the storage of bulk liquid pesticides in storage containers at a storage facility.
11.11.	“Secondary containment” means any structure used to contain product spills from primary containment and prevent runoff or leaching.
11.12.	“Sump” means a shallow reservoir or area at the lowest point of the bulk pesticide facility or mixing and loading area that allows for the temporary collection and retrieval of liquid.
11.13.	“Storage container” means:
(a)	A container used for the storage of bulk pesticide; or
(b)	A nurse tank, or other mobile container used for the storage of bulk pesticide.
Part 12.0	Scope of These Rules
12.1.	These rules apply to:
(a)	All operating bulk pesticide storage facilities, commercial or private, with the exception that portable refillable containers that are approved by the Environmental Protection Agency and have a capacity of greater than 56 gallons and less than 660 gallons are exempt from secondary containment.
(b)	All mixing and loading areas, commercial or private, where any of the following are handled in any one year period:
(1)	Five hundred (500) gallons or more, in the aggregate, of formulated product or combination of formulated products of liquid pesticides;
(2)	Three thousand (3,000) pounds or more, in the aggregate, of formulated product or combination of formulated products of dry pesticides; or
(3)	One thousand five hundred (1,500) pounds or more, in the aggregate, of active ingredients of pesticides.
(For liquid pesticides, Parts 13 and 15–17 apply; for dry pesticides, Parts 14–17 apply)
12.2.	These rules do not apply to:
(a)	Field mixing and loading of pesticides; or
(b)	Loading and unloading of unopened containers. ; or
(c)	Facilities storing pesticides used for water treatment at public water systems, which are systems used to provide the public with piped water for human consumption, and domestic wastewater treatment works.
12.3.	Operation of the bulk pesticide storage facilities and mixing and loading areas are regulated by these rules.
12.4.
(a)	Pesticide facilities subject to these rules must be in compliance the following number of years after the effective date of these rules (September 30, 1994):
Liquid Pesticide Secondary Containment	3 years	
Liquid & Dry Pesticide Mixing and Loading Areas	3 years	
Dry Pesticide Storage	3 years	
 (b)	New facilities or expansion of existing facilities constructed three (3) years after the effective date of these rules (September 30, 1994) shall be in compliance with these rules prior to beginning operations.
12.5.	All bulk pesticide storage facilities are required to have a mixing and loading area.
Part 21.0	Statements of Basis, Specific Statutory Authority and Purpose
21.4	September 17, 2014 – Effective November 14, 2014
Statutory Authority:
This amendment to the Rules published at 8 C.C.R. 1206-1 is adopted by the Commissioner of Agriculture pursuant to his authority under § 25-8-205.5(3)(b), C.R.S.
Purpose:
This amendment adds a new subpart (c) to part 12.2 to exempt from these rules the inspection of bulk pesticide storage and mixing/loading areas at public water treatment systems and domestic wastewater treatment works. 
Factual and Policy Basis:
The factual, legal and policy issues pertaining to the amendment of these Rules are as follows:
1.	The Department of Agriculture has identified a duplication of State efforts regarding inspection at water treatment facilities and this change is needed to clarify which facilities the CDA will regulate.
2.	The Department has determined, in consultation with the CDPHE, that the CDPHE inspection protocol adequately addresses pesticide storage at water treatment facilities.
3.	The Department needs to more narrowly focus its rules regarding the storage of bulk pesticides. This change will more clearly define which types of pesticide storage facilities that the CDA will regulate. The rules are intended to focus on agriculturally-related industries and this change will keep the CDA’s efforts focused on industries where CDA has its primary expertise. 
4.	The proposed changes have been reviewed by the members of the Agricultural Chemicals and Groundwater Protection Advisory Committee, an advisory body established by the State Agricultural Commission that is composed of representatives from various stakeholders including the Colorado Water Quality Control Commission, commercial pesticide applicators, the green industry, agricultural chemical suppliers, agricultural producers, and the general public. The Committee members unanimously support the adoption of these amendments.