Texas Agriculture Code - Section 76.131. Rules
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§ 76.131. RULES. (a) The department may adopt rules
governing the storage and disposal of pesticides and pesticide
containers for the purpose of:
(1) preventing injury from storage or disposal to man,
vegetation, crops, or animals; and
(2) preventing any water pollution that is harmful to
man or wildlife provided, however, that such rules be consistent
with and not less stringent than Texas Natural Resource
Conservation Commission rules adopted under Chapter 26 of the Water
Code.
(b) A person may not store or dispose of a pesticide in
violation of a rule adopted by the department under this section.
(c) Applicators and other entities covered by this chapter
who normally store products listed under the FIFRA in an amount that
exceeds 55 gallons, 500 pounds, or a lesser amount the department
determines by rule for certain highly toxic or dangerous chemicals
covered by this chapter, within one-quarter mile of a residential
area composed of three or more private dwellings for more than 72
hours, shall provide to the fire chief of the fire department having
jurisdiction over the storage place, in writing, the name and
telephone number of the applicator or a knowledgeable
representative of the applicator or other entity storing the
product who can be contacted for further information or contacted
in case of emergency.
(d) On request, each applicator or entity shall provide to
the fire chief having jurisdiction over the storage place a copy of
a list of pesticides stored by the applicator or entity. The
applicator or other entity shall notify the fire chief of any
significant changes that occur relating to the stored pesticides if
requested by the fire chief in writing.
(e) The fire chief having jurisdiction over the storage
place or the fire chief's representative, on request, shall be
permitted to conduct on-site inspections of the pesticides stored
for the sole purpose of preparing fire department activities in
case of an emergency.
(f) On request, the fire chief having jurisdiction over the
storage place shall make the stored pesticide list available to
members of the fire department having jurisdiction over the
workplace and to personnel outside the fire department who are
responsible for preplanning emergency activities, but may not
otherwise distribute the information without approval of the
applicator.
Acts 1981, 67th Leg., p. 1202, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 100, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 76, § 11.07, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997.
Section: 76.113 76.114 76.115 76.116 76.117 76.118 76.119 76.131 76.141 76.142 76.143 76.144 76.151 76.152 76.153
Last modified: August 10, 2007
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