Section 285.637.1. Definitions; A to O.

Rule 1. As used in these rules:

(a)   "Act" means 1994 PA 451, MCL 324.8301.

(b)     "Broadcast" means any application of pesticides over an area, such as a lawn, field, room, crawl space, or other such surface. The term does  not include crack and crevice or spot  applications  made to  selected  plants, insects, soil, or other surfaces.

(c)     "Building manager" means the person who is responsible for the building's pest management program and to whom any reporting and notification shall be made pursuant to these rules.

(d)       "Commercial building" means any building or portion thereof which is not a private residence where a business is located and which  is  frequented by the public.

(e)     "Community pesticide application" means an application of pesticides to multiple properties for which the commercial applicator does not have a service agreement with each individual property owner or resident, such as local mosquito control and gypsy moth spray programs. Apartments, town houses or condominiums are considered a single property under this definition.

(f)       "Crack and crevice" means the application of insecticide into openings commonly found at expansion joints, between different elements of construction, and between equipment and floors.

(g)      "Dry break" means a 1 or 2-piece 'in-line' aperture or area used for accepting or drawing liquid, which is separate from the active  circulating system,  and   not  subject to positive or negative pressure during the application process. This aperture may include a spring operated plunger device to prevent leakage in the event of shutoff valve failure.

(h)"Emergency situation" means an occurrence which is not  reasonably foreseeable and which requires attention and action before the time required for notice pursuant to MCL 324.8316(3) in order to protect or enhance the health or safety of those reasonably believed to be involved with, or exposed to, the occurrence.

(i) "FIFRA" means the federal insecticide, fungicide, and rodenticide act of 1947, as amended, 7 U.S.C. §136 et seq.

(j)   "Health care facility" means a facility which is not a private home and at which people may stay 1 or more nights and receive medical care, such as a hospital or nursing home.

(k)     "Mixing and loading facility" means a site for commercial applicators that has the following meanings:

(i)       For commercial aerial applicators, the term means the primary location in Michigan at which pesticides are repackaged, loaded, mixed, or transferred from 1 container to another.

(ii)       For all other commercial applicators, the term means a location or site where pesticides are transferred  from  one  container   to  another, repackaged, or mixed in dry or liquid form for over 10 days in any calendar year, but does not mean a pesticide- producing establishment as defined by FIFRA, unless the establishment also transfers, repackages, or mixes dry or liquid pesticides. Transfer between containers includes transfers to pesticide application equipment and nurse tanks. Any mixing or loading site that is owned or operated within a 1/2-mile radius of another site that is owned or operated by the same person will be considered as the same facility or site.

(l)     "Multiple-use areas" means developed outdoor public recreation areas, such as, but not limited to, campgrounds, rest areas, parks, playgrounds, picnic areas, and athletic fields.  The term  does  not include undeveloped forested areas.

(m)     "Nonpowered equipment" means pesticide application equipment that pumps or disperses pesticides without utilizing a motorized power source. Examples include manual pumps, aerosols, or other non-motorized self-contained or operated spray equipment.

(n)       "Off-target direct discharge" means the direct application of pesticides onto a property that is beyond  the boundaries  of  the intended treatment area.

(o)        "Off-target drift" means the physical movement of a pesticide at the time of application from the targeted site of application to any nontarget site. Off-target drift shall not include the off-target movement of a pesticide by means of erosion, volatilization, or windblown  soil  particles after the application of a pesticide.

(p)     "Organic farm" means a location or site that is registered under MCL 286.911(4).

History: 1992 AACS; 1995 AACS; 2008 AACS.