Document Citation: 4 TAC § 8.12

Header:
TEXAS ADMINISTRATIVE CODE
TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 8. AGRICULTURAL HAZARD COMMUNICATION REGULATIONS

Date:
08/31/2009

Document:

§ 8.12. Emergency Response

(a) Covered employers.

(1) A covered employer who normally stores covered pesticide chemicals within 1/4 mile of a residential area composed of three or more private dwellings shall provide to the fire chief of the fire department having jurisdiction over the storage place the name(s) and telephone number(s) of a knowledgeable representative(s) of the covered employer who can be contacted for further information or in case of an emergency. This information shall be in writing.

(2) A covered employer, upon reasonable request, shall provide a copy of the workplace chemical list and attachments to the fire chief having jurisdiction over the storage place.

(3) A covered employer shall notify the fire chief of any significant changes in any workplace chemical list including changes in the types of covered pesticide chemicals being stored, a substantial increase in the volume of covered pesticide chemicals, a change in the storage location of covered pesticide chemicals, or a change in the identity of the employer's representative.

(4) A covered employer shall allow the fire chief having jurisdiction over the storage place, or his representative, upon reasonable request, to conduct on-site inspections of the chemicals on the workplace chemical list to prepare fire department emergency response activities.

(b) Other farm operators and other entities.

(1) Farm operators who are not covered employers and other entities who normally store covered pesticide chemicals in an amount in excess of 55 gallons or 500 pounds within 1/4 mile of a residential area composed of three or more private dwellings shall provide to the fire chief having jurisdiction over the storage area, in writing, the name(s) and telephone number(s) of a knowledgeable representative(s) of the farm operator or other entity who can be contacted for further information, or in case of an emergency. The 55 gallon or 500 pound threshold amount shall be based upon the sum of all covered pesticide chemicals normally stored.

(2) Entities covered by this provision include other farm operators who are not covered employers, commercial and noncommercial applicators, pesticide dealers, chemical manufacturers, chemical distributors, and storage facilities.