Environmental Health & Safety

Pesticide Control Management Policy

January 2010

Scope

In accordance with the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 40 CFR 150 to 189, the Massachusetts Pesticide Regulations, 333 C.M.R. and the OSHA Worker Protection Standard, 29 CFR 1910, Amherst College under the direction of the Environmental Health & Safety Committees has drafted, implemented and will maintain this Pesticide Management Policy for the application, storage, transportation and disposal of pesticides, including fungicides, herbicides, insecticides, and rodenticides.

Purpose:

Amherst College has written and implemented this policy in order to lessen potential risk to faculty, staff, students and the rest of the community and to reduce the negative environmental impact and to formalize methods of proper application of pesticides, which include fungicides, herbicides, insecticides, and rodenticides. Labeling, licensing, storage, use and disposal of these materials shall be properly managed in accordance with the regulatory requirements of the local, state and federal governments and the standard operating guidelines of the Environmental Health and Safety Committee.

Applicability:

The materials referenced above can and have been used on Campus and at the Amherst Golf Course for many years. Product utilization is broad range, from materials that are applied on the athletic fields and golf course to the insecticides that are used to control ants, cockroaches and other similar pests. Although faculty, staff, students, visitors and the rest of the community may come into contact with one or a few of these materials at some time, their use is closely monitored and regulated by the College. The ultimate responsibility for the application, storage, transportation and disposal of fungicides, herbicides, insecticides, and rodenticides rests with the Physical Plant. Departments within the Physical Plant (Athletics and Grounds) have the license and responsibility for use of the above materials. That being the case, applicability of the policy most often applies directly to them
  • Physical Plant has also contracted with Minuteman Pest and Wildlife Control for animal, insect and rodent control. As an addendum, a copy of the Minuteman Pest Control Plan has been attached to this policy. (See Appendix A)

Definitions

Agricultural Areas – includes but is not limited to. Actively cultivated gardens, greenhouses, orchards, fields, pastures and other areas where herbicides might adversely effect the vegetation under or around the cultivation or agricultural management.

Commercial Certified Applicator – personnel within the department of Athletics and Grounds at the Physical Plant who have fulfilled their state regulatory requirements and have been determined by the Commonwealth of Massachusetts to be competent in the use and handling of pesticides. Commercially Certified Applicators must have proven their competency by demonstrating both practical and written knowledge, before certification is granted. Under the direction or supervision of the Commercial Certified Applicator, a non-certified applicator working for the college can carry out the application of pesticides.

Contamination and Pollution – the presence of one or more fungicides, herbicides, insecticides, and rodenticides in the environment that may cause adverse environmental impact to air, food, land or water.

Non-Certified Commercial Applicator – an employee of the college who has been trained in the handling and use of pesticides but who is not commercially certified. A non-certified applicator works under the direction of a person who carries certification as a Commercial Applicator.

Ornamental Applicator – Applicator certified in this subcategory must have demonstrated knowledge of pesticides as it applies to the protection of flowers, trees and shrubs maintained for shade and aesthetic purposes.

Pest Control - Commercial applications used in, on or around food handling establishments, dormitories and houses, infirmaries, institutions, and any other structures and adjacent areas, public or private for the control of pests, including but not limited to cockroaches, ants, termites, stink bugs, bees, wasps, hornets etc.

Pesticide Use – The act of handling, releasing or exposing a person or the environment to a fungicide, herbicide, insecticide, or rodenticide, including, but not limited to:

  1. the application of a pesticide including loading of equipment and any supervisory action in or near the area of application.
  2. storage actions relative to pesticides and pesticide containers carried out or supervised by an applicator
  3. disposal actions relative to pesticides and pesticide containers carried out or supervised by an applicator
  4. transportation actions relative to pesticides and pesticide containers except those by carriers and dealers
Protected Area(s):
  1. Any building on campus that people gather and the area 100’ surrounding these structures provided that such defines “Protected Areas” shall not exceed the property line;
  2. Developed recreation areas on campus that are open to the public that include but are not limited to; recreation facilities, playgrounds, school bus stops, basketball and tennis courts, baseball, football, lacrosse and soccer fields and other areas developed for organized recreation.
Turf Applicators - Applicators who make or supervise applications to grassed areas that include, but are not limited to, golf courses, parks, recreation areas, business entities, projects, or operations on public or private lands.

Regulatory Requirements

Amherst College is required to comply with the state and federal regulatory requirements for pesticides issued by the Massachusetts Department of Environmental Protection and the Federal Environmental Protection Agency. Facilities using pesticides to up keep parks, public lawns, and facilities that deal with mechanical treatment of cleaning, adjusting, handling or removing parts that contain pesticide residues.

In accordance with federal, state and local regulations, the following businesses or groups shall comply with all applicable areas of the pesticide regulations;

  1. Manufacturers
  2. Distributors
  3. Transporters
  4. Facilities that use pesticides in all areas of their operations, including;
  • athletic fields and associated grounds
  • public lawns
  • pest and rodent abatement
  • those businesses that clean, adjust or handle parts that have or do contain pesticides
Facilities that use pesticides shall comply with the following FIFRA regulatory requirements in the area of worker protection, (OSHA) 29 CFR 1910;
  • the facility must have all of their chemicals including pesticides properly labeled
  • a copy of the Material Safety Data Sheet (MSDS) must be available to the employees upon request.
  1. Amherst College makes the MSDS for each and every chemical used by the Physical Plant available 24 hours a day, 7 days a week. The MSDSs are located in the main lobby of the Physical Plant, just outside the Amherst College Campus Police Department.
  • the college shall make first aid supplies and other safety equipment available in the areas where pesticides are mixed and stored.
  • Personal protective equipment must be provided to prevent worker illness or injury. When necessary eye, face, foot, hands and respiratory protection shall be provided by the employer.
  • the employer must also provide the necessary training to the employees who will be required to apply, handle, store and then dispose of pesticides, and
  • the employer must also provide a decontamination plan for the employees, in case of accidental leak or spill.
  • All pesticides, including fungicides, herbicides, insecticides and rodenticides must be properly handled at all times. Disposal of materials that are considered to be old, outdated or surplus shall be disposed of in a manner consistent with the requirements of the federal EPA
In accordance with the state and federal regulatory requirements for pesticide application, Amherst College shall only permit trained, authorized and certified personnel to apply, handle, store and dispose of pesticides (all inclusive) on campus, both interior and exterior. The College utilizes an in-house staff of 6 personnel for ornamental and turf pest control and an outside contractor for pest, food and public health concerns that may involve the use of pesticides. Of the 6 (in-house personnel), three hold supervisors licenses. The other three have applicator licenses.

The contractor for pesticide application in the dormitories, dining hall and health care center shall be the responsibility of:

  • Minuteman Pest and Wildlife Control

Industrial, Institutional, Structural and Health Related Pest Control

Application of fungicides, herbicides, insecticides, pesticides and rodenticides in the following areas shall be performed by a certified, licensed and fully insured commercial applicator, approved of by the Commonwealth of Massachusetts.
  1. all dormitories and other residential occupancies
  2. Keefe Health Center
  3. Valentine Dining Hall
  4. Keefe Campus Center
  5. all academic and support buildings
  6. storage and mechanical areas
The above referenced company shall, upon request provide the college and any regulatory agency with proof of all applicable training, certifications and insurance. The company noted above also shall follow all applicable, local, state and federal regulatory requirements specific to the most appropriate type of listed pest control listed in 333 CMR 10.04, as well as those standard operating guidelines drafted, implemented and maintained by the Physical Plant Environmental Health and Safety Committee.

Supervision of Non-Certified Amherst College Applicators

Certified applicators whose activities include a supervisory role must demonstrate written and practical knowledge
of the federal and state supervisory requirements, including those for labeling of pesticides by non-certified
applicators. The availability of a certified applicator must be directly related to the hazards of the situation:

In situations where the certified applicator is not required to be physically present "direct supervision" shall include verifiable instruction to the competent person, as follows;

  1. detailed guidance for properly applying pesticides, and
  2. Provisions for contacting the certified applicator in the event they are needed.
In situations or state restrictions on use require it, physical presence of a certified applicator shall be required when application is made by a non-certified applicator.

Acquisition of Fungicides, Herbicides, Insecticides, Pesticides and Rodenticides at Amherst College

In accordance with past practice, our pesticide management plan and the guidelines set forth by the Physical Plant Environmental Health & Safety Committee, the purchase of bulk or large quantity pesticides, including bug, hornet and wasp sprays shall be done through the Physical Plant Custodial Supply Department, located in Seelye Mudd.

As required, only those individuals who hold a certification for commercial application or those non-certified applicators operating under the direction of a certified applicator will be allowed to obtain fungicides, herbicides, insecticides, pesticides and rodenticides.

Amherst College, for reasons of health and safety, as well as liability shall require that only properly trained and certified employees of the college handle these materials. The certification specified above must be sub-category specific for the type of pest to be treated (i.e. Agricultural, Aquatic, Forest Ornamental, Right-of Way, Seed and Turf).

Storage Facilities

Areas and buildings utilized for the storage and / or mixing of pesticides shall be located such that accidental discharges, leaks, ruptures and spills will not adversely affect water (i.e. drinking, ground or surface). In accordance with federal and state regulatory requirements, pesticide storage shall be located…
  1. at least 400' away from a private or public drinking water supply
  2. at least 200' away from surface water - a greater distance is required in areas of sandy soil or fractured bedrock
Pesticide storage areas should be located…
  1. away from direct sunlight
  2. in an area that does not a temperature range that is less than 40 deg.F and greater than 100 degrees Fahrenheit.
  3. inside a building so as to protect it from temperature exposures, water, the possibility of cross contamination
    and unauthorized access and use.
Pesticides shall be stored …
Compatibly:
  • fungicides, herbicides, insecticides, and rodenticides must be physically separated by at least 10' in accordance with state and federal regulatory requirements.
  • in the original container with appropriate label and hazard type, or
  1. in a container specifically designed for the material it is to contain, provided the exact (full name) of the pesticide is identified on the label along with the appropriate hazard (i.e. corrosive, ignitable, reactive, toxic).
  2. off the ground to prevent water infiltration and cross-contamination
  3. away from fertilizers, food, potable water supplies, seeds, emergency response equipment and personal protective equipment
  4. out of direct sunlight and elevated temperatures
  5. for not longer than two (2) years
  6. in cabinets, in storage containers or placed upon impermeable shelves (painted wood or steel)
  7. in adequate secondary containment in cases of discharge, leak, rupture or spill
  8. in areas or buildings that are clearly identified as being used for the storage and mixing of pesticides.
  • signage shall appear on the exterior side of the main entrance door or on the garage doors so as to properly warn incoming emergency response agencies.
  • an Amherst College Safety Information Card shall be used for this purpose and to provide information about the materials within and the personnel responsible for their quantity and placement.
  • an NFiPA 704 diamond shall appear on the doors to warn incoming emergency response personnel as outlined above.
The Pesticide Storage Area shall also be equipped with:
  1. An Emergency Action Plan. The plan must be made available to all emergency response personnel, before an incident takes place. The plan must include;
  • Facility Layout
  • Fuel Storage Tank Locations
  • Fire Hydrant and Extinguisher Locations
  • Sanitary and Storm Sewer Locations
  • Any nearby wetlands, ponds, rivers and streams
  • Location of Emergency Equipment and Supplies
  • First Aid Kit and Emergency Shower / Eyewash Locations
  • What to do if the Pesticide Storage Facility is involved in flame
  1. at least one (1) 10 lb. ABC Fire Extinguisher located outside the area used for the mixing or storage of pesticides.
  2. Material Safety Data Sheets (MSDS) for the chemicals located at each site
  3. A list of all pesticides in storage. The list should include…
  • the most significant quantities of material that will be on hand at any given time.
  • location of all pesticides and maps to better identify site
  • shall be identified in full names (no abbreviations are permitted) with type of hazard on the container
  1. an Amherst College Safety Information Card that is placed upon the doors to the pesticide storage and mixing area for hazard identification and for the purpose of notifying the persons responsible for, or most knowledgeable of the area and storage.
  2. Other appropriate signage (i.e. NFiPA 704 diamond and No Smoking) shall also be included.

Mixing Facilities

It is the policy of Amherst College Physical Plant to limit the quantity, storage and disposal of pesticides on the campus. Pesticides are most often purchased on an as needed basis.
  1. Pesticides used in amounts greater than that of incidental use are ordered and then applied at the time of delivery.
  2. Unwanted, outdated or inherently "waste like" materials are disposed of as soon as they are discovered
  3. Contact Rick Mears at 8189 for proper disposal requirements.
Mixing of pesticides and other associated chemicals must be performed under the direction of an Amherst College employee with a current Commercial Applicators" certification. The mixing facilities shall have the following for health and safety reasons;
  1. appropriate, fitted personal protective equipment (PPE), including eye protection
  2. adequate ventilation in the storage / mixing area to reduce adverse chemical exposure to the pesticides
  3. an accurate calculation of the pesticides, before mixing them into a solution for proper application.
  4. adequate lighting sufficient to perform associated work
  5. a water spray capability for mixing (when necessary) that is protected by the required backflow prevention device - hoses used for the above purposes must be removed from the sink to prevent accidental cross-contamination of the water supply to the building

Restricted Use Pesticides

Amherst College has one (1) restricted use pesticide on campus. The material is a fungicide that is applied by a commercially certified applicator, or a non-certified person working under the direction of a commercially certified applicator. Other pesticides utilized by the college include, but are not limited to;
  1. Tupersan
  2. Sitron
  3. Pesticides containing Chlorothalonil

Pesticide Treated Areas

Areas that have been treated with pesticides shall (when applicable) be posted. The signage will indicate "Pesticide Application" - "Keep off the Grass." Also, any drains in the immediate area of pesticide applications shall be covered (i.e. Rubber matted) or otherwise protected to prevent accidental spillage into the environment.

Training

All Amherst College employees who do or wish to handle, use and dispose of pesticides on campus must receive training provided by a certified trainer. The trainer must have completed a pesticide safety train-the-trainer program that has been approved by the state DEP or Federal EPA. The training must have been given orally or by using audio-visual means, but there must be a presenter on site to answer any questions. The training must include;
  1. Reading Pesticide Labels
  2. Knowing the adverse health effects of the materials being used
  3. Routes on how the pesticides enter the body
  4. Signs and symptoms of Pesticide poisoning
  5. Emergency First Aid procedures
  6. How to obtain emergency medical care
  7. Use of Personal Protective Equipment (PPE)
  8. Safety Requirements for handling, storing, using and disposing of pesticides
  9. Environmental concerns
  10. Warnings about improper use of pesticides and pesticide containers
Trainees must be at least 18 years of age. Employees looking for certification as a "Commercial Applicator" must have a minimum of two (2) years relevant experience, hands on or academic. The Department of Public Safety will conduct written examinations, and, when appropriate performance testing to determine applicator competence in the use and handling of pesticides. Both the practical and written portion of the examination will have to be successfully completed before the department will grant certification.

Certification or License Renewal

Forms for renewal or re-certification will be mailed to "Commercial Applicators" at least 30 days prior to the due date. Certifications and licenses may be renewed annually for up to three (3) years without re-examinations or retraining provided;
  1. conditions of the license have not changed and that the certification did not lapse
  2. the Department of Environmental Protection has not introduced or required additional training or examinations for any new pesticide use, handling or disposal procedure, the introduction of newly restricted materials which have new and greater precautionary requirements in their labeling under the direction of the federal EPA.
  3. The Department of Environmental Protection has not required rectification, relicensing or additional instruction for the protection of human health and the environment.
Retraining requirements for all "Certified Applicators" must at the end of a three (3) year period be recertified either by;
  • Re-examination, or
  • Attendance, within the three (3) year period, at training programs approved by the Department of Environmental Protection, to;
  1. Ensure that they continue to meet the requirements of changing technology covering uses for which they are certified.
  2. Ensure that they maintain a continuing level of competence and ability to use pesticides safely and properly, and
  3. Ensure that they are familiar with changes in local, state and federal regulations.
  • Contact hours, which are needed for rectification, must be obtained every three (3) years prior to expiration of certification. The number of contact hours for each type of certification is as follows;
  1. Commercial Certification 12 hours per category
  2. Private Certification 12 hours per category
  3. Commercial Applicator License 6 hours
  4. Each contact hour is equal to 50 minutes of training
  • Subjects that are required to be covered as part of the continuing education plan must include those that are identified in 333 CMR 10.08 (h).

Insurance Requirements

Amherst College is required by the Department of Environmental Protection to submit an applicants application an attestation by an insurance broker certifying that the insurance policy coverage in force and issued on behalf of the College meets or exceeds that standards set forth in 333 CMR 10.13, Financial Responsibility. All insurance information kept by the College shall be made available, upon request, to any local, state or federal inspector that may request such information.

The Physical Plant Purchasing Agent and the Office of the Facilities Management and Planning shall have copies of the insurance information.

Recordkeeping Requirements

All Amherst College certified "Commercial Applicators" are required to keep true and accurate operational records containing at least the following information;
  1. Places of Application
  2. Dates of Application
  3. Brand or registered name of pesticide
  4. The EPA registration number of the pesticide
  5. The amount of pesticide applied
  6. The purpose for which the pesticide was applied
  7. Method of Application
  8. A list of the certified or licensed employees recognized by the Department of Environmental Protection
  9. Accidents or incidents involving pesticide use
  10. The amount of liability insurance carried and the name of the insurer
  11. Any licenses or injuries caused by or suspected to have been caused by pesticides and reported to the applicator.
Amherst College has decided, through the Department of Athletics and Grounds to maintain all applicable records including medical records, indefinitely. The annual reports and records may be requested and turned over to the Department of Environmental Protection. Annual submittal of all records is outlined in 333 CMR 10.14.

The Department of Environmental Protection shall require Amherst College to immediately report in not more than 48 hours any significant accidents, incidents, injuries or illnesses that may have been caused by the pesticides, as outlined in 333 CMR 10.14.

Leaks, Spills and Ruptures

Should Amherst College have a discharge, leak, rupture or spill involving a pesticide, the primary responsibility of the person who discovers said incident shall immediately:
  • notify the Amherst College Campus Police at 2111
  1. the dispatcher should first dispatch a police officer reminding the officer that this is a known or potential hazardous materials incident.
  2. The dispatcher should then (by caller or 1st arriving officer) determine if persons on the scene are either ill or injured. If so, Contact:
  3. Amherst Fire Department
  4. Request an ambulance
  • after the fire department has been notified for either ambulance or fire, the dispatcher should then call, page or radio the office of Environmental Health & Safety for hazard mitigation.

Fire

Amherst College has taken the position that a fire in a pesticide storage facility that has already become fully involved shall be sacrificed in its entirety - smoke and flame have less of a negative environmental impact than does contamination of the ground water.