[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown
8-20-1990 by L.L. No. 17-1990. Amendments noted where applicable.]
The Village of Tarrytown realizes that facilities which store pesticides,
herbicides and fertilizers in bulk present some potential human health and
environmental hazards. In an effort to minimize public risks associated with
the storage of such chemicals, the following chapter establishes regulations
and precautions that must be taken in the siting, construction, operation
and maintenance of these facilities.
As used in this chapter, the following terms shall have the meanings
indicated:
Twenty gallons of concentrate, 25 pounds of dry chemical (spray material)
or 500 pounds of dry chemical (lawn material). The above amounts shall apply
for the storage of all pesticides, herbicides and fertilizers.
A.
The storage area should be isolated from other buildings,
in an area not subject to flooding, away from public water supplies, watershed
drainage areas, storm sewers and sanitary sewers and 50 feet from any stream,
lake or pond.
B.
The storage area must be accessible to a designated fire
road; the building should be accessible from all sides for fire fighting or
other emergency vehicle considerations.
Facility structural requirements shall be as follows:
A.
Two inches of styrofoam insulation in place before concrete
floor poured and sealed with chemical-resistant substance. In the event of
a storage container rupturing, the concrete floor shall be recessed eight
inches to act as a containment area and have separation barriers to avoid
the mixing of noncompatible chemicals. The amount of liquid chemical stored
on the site shall not exceed that of the containment area. NFPA-30 Flammable
and Combustible Liquids Code 1984 should be used as a reference for standards
on fire-resistant walls and doors.
B.
A ventilation system that is sufficient to prevent accumulation
of vapors, such as galvanized ducts running from floor to ceiling in any corner
of pesticide storage area and the installation of fans, if the mixing of volatile
liquids takes place inside the building.
C.
Installation of a nonexplosive heating system. Building
temperatures should be maintained below 95º F. and above freezing points
of liquid pesticides.
D.
Because of the flammability and volatility of some of
the contents within the pesticide storage area, the installation of explosion-proof
halogen lighting.
E.
Smoke- and fire-detection systems connected to outside
warning devices (light, alarms, etc.).
A.
Pesticides should be segregated by hazard class with
incompatible materials stored separately.
B.
Herbicides should be separated from insecticides and
fungicides.
C.
Flammable and combustible liquids shall not be stored
with other pesticides. Refer to NFPA-30 for requirements on proper aisle spacing
and limitations on volumes.
D.
It is the obligation of the property owner or party in
control of the site to inspect all pesticide containers regularly for signs
of leakage or other defects.
E.
All containers must indicate the type of material and
known hazard classification.
A.
The owner of the pesticide storage area shall provide
the proper protection equipment such as boots, gloves, respirators and coveralls
and personnel training in emergency procedures.
B.
Postings and warnings regarding pesticides, herbicides
and fertilizers as required by Occupational Safety and Health Administration
hazard communication and New York State right-to-know regulation shall be
posted.
C.
An emergency response plan must be submitted, reviewed
and approved by the Fire Chief. The appropriate fire extinguishers must be
provided for the various types of pesticides stored, and spill kits must be
provided for emergency cleanup. In addition, first-aid supplies for initial
response to pesticide poisonings shall be available, including the telephone
numbers of agencies that provide emergency information and assistance on chemical
emergencies of any type. (Chemtric: 800-424-9300; Environmental Protection
Agency regional office: 212-264-5175; Hudson Valley Poison Center: 914-353-1000)
D.
A current inventory shall be maintained at all times
and be provided to local emergency response groups (police, fire and ambulance).
E.
Regulations from the Federal Insecticide, Fungicide and
Rodenticide Act, the United States Environmental Protection Agency and the
New York State Department of Environmental Conservation Bureau of Pesticide
Management shall be adhered to regarding handling, application and disposal
of pesticides and their containers.
This chapter shall be enforced by the Police Department, the Fire Department
and any Code Enforcement Officer so designated by the Board of Trustees of
the Village of Tarrytown.
Any person, partnership or corporation that violates any of the provisions
of this chapter shall be punishable by a fine of not more than $250 for each
offense or by imprisonment for not more than 15 days, or both. Each day that
such violation continues shall constitute and be deemed a separate offense.