West Virginia Pesticides regulations & environmental compliance analysis

West Virginia Pesticides: What you need to know

Governing Law and Regulations

West Virginia Pesticide Control Act, West Virginia Code (WV Code) 19-16A-1 et seq., and regulations at West Virginia Regulations (WV Reg.) 61-12-1 to 61-12J-11

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Hazardous waste pesticides:

Listed hazardous wastes: WV Reg. 33-20-3

Farmer exemption: WV Reg. 33-20-5

Applicator certification: WV Reg. 61-12A-1 to 61-12A-12

Commercial applicators: WV Reg. 61-12A-4

Recordkeeping for commercial applicators: WV Reg. 61-12A-9

Pesticide businesses license: WV Reg. 61-12B-1 to 61-12B-9

Recordkeeping for pesticide application businesses: WV Reg. 61-12B-7

Financial assurance: WV Reg. 61-12B-8

Fees: WV Reg. 61-12-1 to 61-12-5

Groundwater protection fund fees: WV Reg. 47-55-3.5

Pesticide bulk storage facilities:

Training: WV Reg. 61-12H-6

Emergency response plan: WV Reg. 61-12H-6

Pesticide use: WV Reg. 61-12G-5

Regulatory Agencies

West Virginia Department of Environmental Protection (DEP) Division of Land Restoration

West Virginia Department of Agriculture (DOA) Plant Industries Division

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. West Virginia's rules for pesticides that are hazardous wastes are the same as the federal requirements, with additional requirements for pesticide application, certification, licensing, and training. The state has also established fees under the state Pesticide Control Act.

To promote the protection of groundwater from pesticides, the DEP may conduct environmental impact studies on the use of pesticides on the groundwaters of the state.

For a discussion of penalties for violation of the state's pesticide rules, see the state section PENALTIES/LIABILITIES.

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