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Legal & Legislative Committee |
The final approval from the Governor's Office will be made soon, which will enact the changes to the registered technician training and certifcation regulations (2VAC-20-51). For details about the proposed regulation changes visit http://www.townhall.state.va.us/L/viewstage.cfm?stageid=3813&display=documents
ESPP - The EPA has
not created any county bulletins yet for the ESPP. However they are coming. Liza Fleeson will speak at the State Technical
Meeting on this issue.
Federal Container/Containment Rule - The FCCR provides regulation
that addresses three issues: design of pesticide containers, cleaning and
disposing or recycling containers and mechanisms for refilling containers. OPS is awaiting final policy from the EPA on
states that do not have container/containment rules, which VA does not. Once the policy is issued, VA OPS will have 6
months to form a plan for enforcing it. Virginia
has three options: enforce it as federal agents using their federal
certification, incorporate federal requirements into our code, or promulgate
new legislation that is at least as stringent as the federal requirements.
Certification Regulation changes - Proposed changes to the
certification regulations in Virginia
are pending; and are currently in the public comment phase until
September 10. The Legal and Legislative Committee will work with the
Executive Director to prepare comments to submit on these proposed
regulation changes. Any member wishing to make comments on their own
can visit the following link. Additionally, members can submit
suggestions to VPMA to consider as the Association's comments are
prepared. Submit suggestions to VPMA by August 20th by emailing
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Comments requested -
At the July 19, 2007
PCB meeting, the issue of individual
applicator culpability vs. company responsibility when violations are
assessed
a civil penalty came up. This issue is
likened to a technician receiving a speeding ticket while driving a
company
truck. The individual is responsible for
paying the fine and having the ticket on his driving record. When a
technician is sited for a violation in
the application of a pesticide, it is his company that is responsible
for
appearing at the OPS hearing, defending or appealing the decision and
ultimately paying the fine. From the
regulatory standpoint, should the individual be responsible for
appearing at
the hearing and/or paying the fine? It did
come out at the meeting, that an individual technician does receive a
mark
against him on his record with VDACS. An
employer can call OPS to see if a prospective employee has any
violations
against his certificate. The PCB has asked VPMA, the Virginia Turfgrass
Council and
the Virginia Crop Protection Association to provide comments on this
issue by September 18, 2007. Any members desiring to submit their
thoughts on this issue are encouraged to email
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