11-12-91
PLAN FOR THE CERTIFICATION OF PESTICIDE APPLICATION
ON THE OGLALA SIOUX RESERVATION
Pursuant to Section 11, paragraph (a)(2), of the Federal Insecticide,
Fungicide and Rodenticide Act of 1972, as amended (FIFRA), Public Law
92-516, and the regulations promulgated thereunder, 40 CFR Part 171,
the Oglala Sioux Tribe submits the following Reservation Plan for the
certification of Private and Commercial Pesticide Applicators.
SECTION 1 Participating Agencies. The South Dakota Department of
Agriculture (Department) and the South Dakota Cooperative
Extension Service (Extension) shall cooperate with the
Oglala Sioux Tribal (OST) Land and Natural Resources
Committee (Committee) and The Oglala Sioux Tribal Natural
Resources Regulatory (NRRA) and Oglala Sioux Tribe
Pesticide Enforcement Program (OSTPEP) in the
implementation of this Plan. The cooperating agencies and
responsible officials are as follows:
A. Lead Agency
The Oglala Sioux Tribal Council (OSTC) does hereby designate
the OST Land and Natural Resources Committee as the Lead
Agency responsible for administering the Plan. The
designated Lead Agency and the principal responsible
officials are listed below:
1. Land and Natural Resources Committee
2. John Mousseau, Program Coordinator
Oglala Sioux Tribe Natural Resources Regulatory Agency
Oglala Sioux Tribe
Pine Ridge, South Dakota 57770
Telephone: (605) 867-5624
3. Eli Clifford, Director
Pesticide Enforcement Program
Oglala Sioux Tribe
Pine Ridge, South Dakota 57770
Telephone: (605) 867-5821, ext. 243
B. Cooperating Agencies
1. John Mousseau, Coordinator
OST NRRA
Oglala Sioux Tribe
P.O. Box 338
Pine Ridge, South Dakota 57770
2. Vern Brakke, Director
Division of Regulator Services
South Dakota Department of Agriculture
Anderson Building
Pierre, South Dakota 57501
3. Dr. Richard Battaglia, Director
South Dakota Cooperative Extension Service
Extension Pesticide Coordinator
Entomology-Zoology Department
Agricultural Hall, Room 337
Brookings, South Dakota 57006
C. Coordination of Agencies
The Oglala Sioux Tribe Land and Natural Resources Committee
is the Lead Agency responsible for the overall coordination
of Tribal certification activities, issuance of Tribal
certification documents, enforcement of Tribal pesticide laws
and the dissemination of information to effected persons on
the Reservation concerning Tribal, State and Federal
pesticide codes and regulations. The Land and Natural
Resources Committee reports directly to the Oglala Sioux
Tribal Council.
The South Dakota Department of Agriculture is the lead Agency
for the Pesticide Applicator Certification Plan for the State
of South Dakota and enforces the State's pesticide laws and
regulations and the Federal pesticide laws and regulations in
the State of South Dakota. As the lead agency, the
Department examines, licenses, and certifies commercial
pesticide applicators and certifies private applicators in
the State. The Reservation will utilize portions of the
State certification program in the Reservation Certification
Plan.
The South Dakota State Cooperative Extension Service conducts
the training necessary for private applicator certification
within the State and assists commercial applicators in
obtaining certification by providing training and providing
for the development of commercial applicator certification
examinations. Extension also assists the Department in the
administration of commercial applicator examinations. The
Tribal pesticide program and the South Dakota State
Cooperative Extension Service will be responsible for
Reservation applicator training.
SECTION 2 Legal Authority and Qualified Personnel. The legal basis
on which the Committee administers the Plan is contained
in the Oglala Sioux Pesticide Code. A description of the
EPA/Tribal relationship is contained in the Environmental
Protection Agency/Oglala Sioux Tribe Cooperative
Enforcement Agreement.
Tribal inspectors and enforcement agents must be qualified
in these activities through training by cooperating
agencies of the State and by the Environmental Protection
Agency. They must also demonstrate knowledge of
applicable State, Federal and Tribal regulations. One
individual, Mr. Eli Clifford, Pesticide Enforcement
Director, shall be designated as responsible for carrying
out these functions.
Specific authorities citation:
A. Grounds for denying, suspending and revoking
certification of applicators and assessing civil
penalties are found in the Oglala Sioux Tribal
Pesticide Code, Section 8 and Section 14.
B. Provisions for reviewing a certification for possible
suspension or revocation in the event of a civil
violation based on FIFRA Section 14(a) or of a Tribal
enforcement action is found in the Tribal Pesticide
Cod, Section 13.
C. Provision for right-of-entry by consent or warrant by
appropriate Tribal Officials at reasonable times for
sampling, inspection, and observation purposes are
found in the Tribal Pesticide Code, Section
D. Provisions that make it unlawful for persons other
than certified applicators or persons under their
supervision to the use restricted-use pesticides is
contained in the Tribal Pesticide Code, Section
9(A)(1) and Section 9 (B)(1).
E. Provisions for requiring that certified commercial
applicators keep and maintain for at least three years
records of routine operations on kinds, amounts, uses,
dates nad places of application of restricted use
pesticides, and for assuring that such records will be
available to appropriate Reservation Officials, are
found in the Tribal Pesticide Code, Section 9(A)(3).
SECTION 3 Assurance of Funding. The Tribal Pesticide Program is
funded by the Oglala Sioux Tribal Council through Federal
and other non-Federal program sources. Tribal pesticide
applicator certification and enforcement activities will
be supported by the Tribe. The Tribe will accept
assistance form EPA or other granting authorities as
appropriate.
SECTION 4 Reports. A summary of certification activities for the
previous year will be submitted to the Administrator of
EPA Region 8 by October 15 of each year. This report will
include the following information:
A. Total numbers of applicators, private and commercial
by category, currently certified; and numbers of
applicators, private and commercial by category,
certified during the last reporting period.
B. Any changes in commercial categories or subcategories.
C. A summary of enforcement activities related to the use
of restricted-use pesticides during the last reporting
period.
D. Any significant proposed changes in required standards
of competency.
E. Proposed changes in plans and procedures for
enforcement activities related to the use of
restricted-use pesticides for the next reporting
period.
F. Any other proposed changes from the Reservation Plan
that would significantly affect the Reservation
certification program.
G. Other reports may be submitted from time to time as
required by the Administrator to meet specific needs.
H. Any recommendations that will improve the program,
address problems encountered and solutions to those
problems.
Program projection and accomplishment reports will be
provided to EPA Region 8 each year on the following
schedule:
Projections
Enforcement activities August 15
Certification activities August 15
Accomplishments
Enforcement activities
First Quarter January 15
Second Quarter April 15
Third Quarter July 15
Fourth Quarter October 15
Certification activities
Mid-year April 15
End-of-Year October 15
SECTION 5 Classification of Applicators.
A. Commercial Applicators
The commercial applicator classification will apply to
all certified applicators who use or supervise the use
of any restricted-use pesticide on any property other
than for purposes of: 1) producing any agricultural
commodity on property owned or rented by him or his
employer; or 2) if applied without compensation other
than trading of personal services between producers of
agricultural commodities, on the property of another
person.
B. Categories of Commercial Applicators
1. Agricultural Plant pest Control (Herbicides)
This category includes commercial applicators
using or supervising the use of restricted-use
pesticides in the production of agricultural
crops, including without limiting the foregoing,
feed grains, soybeans and forage; vegetable; small
fruits; tree fruits and nuts, as well as on
grasslands and non-crop agricultural lands.
This category is further subdivided into the
following subcategories: a) Insecticides
(including Miticides and Nematocides), b)
Herbicides and c) Fungicides.
2. Agricultural Animal Pest Control
This category includes commercial applicators
using or supervising the use of restricted-use
pesticides on animals, including but not limited
to beef cattle, dairy cattle, swine, sheep,
horses, goats, poultry and other livestock, and to
places on or in which animals are confined.
Doctors of Veterinary Medicine engaged in the
business of applying pesticides for hire, publicly
holding themselves out as pesticide applicators,
or engaged in the large-scale use of pesticides
are included in this category.
3. Forest Pest Control
This category includes commercial applicators
using or supervising the use of restricted-use
pesticides in forests, forest nurseries, and
forest seed producing areas.
4. Ornamental and Turf Pest Control
This category includes commercial applicators
using or supervising the use of restricted-use
pesticides to control pests in the maintenance and
production of ornamental trees, shrubs, flowers,
and turf.
5. Seed Treatment
This category includes commercial applicators
using or supervising the use of restricted-use
pesticides on seeds.
6. Aquatic Pest Control
This category includes commercial applicators
using or supervising the use of restricted-use
pesticide purposefully applied to standing or
running water, excluding applicators engaged in
public health related activities included in
category B below.
7. Right-of-Way Pest Control
This category includes commercial applicators
using or supervising the use of restricted-use
pesticides in the maintenance of rights-of way,
including but not limited to public roads,
electric powerlines, pipelines, and railway
right-of way must be certified for right-of-way
pest control.
8. Industrial, Institutional, Structural and Health
Related Pest Control
This category includes commercial applicators
using or supervising the use of restricted-use
pesticides in, on or around food handling
establishments, human dwellings, institutions such
as schools and hospitals, buildings use for office
space, industrial establishments, including
warehouses and grain elevators, and any other
structures and adjacent areas, public or private
and for the protection of stored, processed or
manufactured products.
9. Public Health Pest Control
This category includes State, Federal, Tribal or
other government employees or commercial
applicators using or supervising the use of
restricted-use pesticides in public health
programs for the management and control of pests
having medical and public health importance.
10. Regulatory Pest Control
This category includes commercial applicators and
State, Federal, Tribal or other governmental
employees or commercial applicators using or
supervising the use of restricted-use pesticides
in the control of regulated pests under State,
Federal, or Tribal quarantine with the exception
of noxious weeds.
11. Demonstration and Research Pest Control
This category includes: (a) individuals who
demonstrate to the public the proper use and
techniques of application of restricted-use
pesticides or supervise such demonstration, and
(b) persons conducting field research with
pesticides, and in doing so, use or supervise the
use of restricted-use pesticides. Included in the
first group are such persons as extension
specialist and county agents, commercial
representatives demonstrating pesticide products,
and those individuals demonstrating methods used
in public programs. The second group includes:
State, Federal, commercial and other persons
conducting field research on or utilizing
restricted pesticides.
12. Rodent and Bird Pest Control
This category includes State, Federal, Tribal or
commercial applicators using or supervising the
use of any restricted-use pesticides for the
control of rodents or birds.
13. Predator Pest Control
State, Federal, Tribal or commercial applicators
using or supervising the use of restricted-use
pesticides in the control of predators must be
certified for predator control.
14. Grain Fumigation Pest Control
Commercial applicators using or supervising the
use of restricted-use pesticides on stored grain
or grain in transit to control pests must be
certified for grain fumigation pest control.
15. Wood Preservation Pest Control
Commercial applicators using or supervising the
use of restricted-use pesticides to control pests
that damage or destroy wood must be certified for
wood preservation pest control.
C. Private Applicators
Certified applicators who use or supervise the use of
any pesticide which is classified for restricted use
for purposes of producing any agricultural commodity
on property owned or rented by him or his employer, or
(if applied without compensation other than trading of
personal services between producers of agricultural
commodities) on the property of another person, shall
be classified as a private applicator.
D. Supervision of Non-Certified Applicators
Persons not certified may use restricted-use
pesticides under the direct supervision of a certified
applicator. "Direct Supervision" shall include
verifiable instruction to the competent person, as
follows: (1) detailed guidance for applying the
pesticide properly, and (2) provisions for contacting
the certified applicator in the event he is needed.
In other situations, and as required by the label, the
actual physical presence of a certified applicator may
be required when application is made by a
non-certified applicator.
E. Government Employees
Employees of any government agency who apply general
use or restricted-use pesticides upon the Pine Ridge
Indian Reservation as part of their employment must be
certified. All government employees who apply general
use or restricted-use pesticides upon the Pine Ridge
Indian Reservation must be licensed certified
applicators.
F. Aerial Applicator Supervision
All aerial applicators must be certified and may not
avoid certification by applying pesticides under the
direct supervision of a certified applicator.
SECTION 6 Competency Standards for Commercial Applicators.
A. General Standards for All Categories of Certified
Commercial Applicators
All commercial applicators shall demonstrate practical
knowledge of the principles and practices of pest
control and safe use of pesticides. Testing shall be
based on examples of problems and situations
appropriate to the particular category or subcategory
of the applicator's certification and the following
areas of competency:
1. Labels & Labeling Comprehension
a) The general format and terminology of
pesticide labels and labeling;
b) The understanding of instructions, warnings,
terms, symbols, and other information commonly
appearing on pesticide labels;
c) Classification of the product, general or
restricted; and
d) Necessity for use consistent with the label.
2. Safety - Factors including:
a) Pesticide toxicity and hazard to man and
common exposure routes;
b) Common types of causes of pesticide accidents;
c) Precautions necessary to guard against injury
to applicators and other individuals in or
near treated areas;
d) Need for and use of protective clothing an
equipment;
e) Symptoms of pesticide poisoning;
f) First aid and other procedures to be followed
in case of a pesticide accident; and
g) Proper identification, storage, transport,
handling, mixing procedures and disposal
methods for pesticide and used pesticide
containers.
3. Environment - The potential environmental
consequences of the use and misuse of pesticides
as may be influenced by such factors as:
a) Weather and other climatic conditions;
b) Types of terrain, soil and other substrata;
c) Presence of fish, wildlife and other
non-target organisms; and
d) Drainage patterns.
4. Pests - Factors such as:
a) Common features of pest organisms and
characteristics of damage needed for pest
recognition;
b) Recognition of relevant pests; and
c) Pest development and biology as it may be
relevant to problem identification and control.
5. Pesticides - Factors such as:
a) Types of pesticides;
b) Types of formulation;
c) Compatibility, synergism, persistence and
animal and plant toxicity of the formulations;
d) Hazards and residues associated with use;
e) Factors which influence effectiveness or lead
to such problems as resistance to pesticides;
and
f) Dilution procedures.
6. Equipment - Factors including:
a) Types of equipment and advantages and
limitations of each type; and
b) Uses, maintenance and calibration.
7. Application Techniques - Factors including:
a) Methods or procedures used to apply various
formulations of pesticides, such as dust,
wettable powders, emulsions, solutions, and
gasses, together with a knowledge of which
technique of application to use in a given
situation.
b) Relationship of discharge and placement of
pesticides to proper use, unnecessary use, and
misuse; and
c) Prevention of drift and pesticide loss into
the environment.
8. Laws and Regulations
a) All commercial applicators shall be required
to demonstrate practical knowledge of all
applicable Tribal, State and Federal laws and
regulations.
B. Specific Standards of Competency for Each Category of
Commercial Applicator
1. Agricultural Plant Pest Control
Applicators must demonstrate practical knowledge
of the crops grown and the specific pest of those
crops on which they are using restricted-use
pesticides. The importance of such competency is
amplified by the extent of areas involved, the
quantities of herbicides needed, and the ultimate
use of many commodities as food and feed.
Practical knowledge is required concerning soil
and water problems, pre-harvest intervals,
re-entry intervals, phytotoxicity, and potential
for environmental contamination, non-target injury
and community problems resulting from the use of
restricted use herbicides in agricultural areas.
This category is further subdivided into: a)
Insecticides (including Miticides and
Nematocides), b) Herbicides and c) Fungicides.
2. Agriculture Animal Pest Control
Applicators applying pesticides directly to
animals must demonstrate practical knowledge of
such animals and their associated pests. A
practical knowledge is also required concerning
specific pesticide toxicity and residue potential,
since most animals will frequently be used for
food. Further, the applicator must know the
relative hazards associated with such factors as
formulation, application techniques, age of
animals, stress and extent of treatment.
3. Forest Pest Control
Applicators shall demonstrate practical knowledge
of the types of forests, forest nurseries, and
seed production in their State/Reservation and the
pests involved. They should possess practical
knowledge of the cyclic occurrences of certain
pests and specific population dynamics as a basis
for programming pesticide applications. A
practical knowledge is required of the relative
biotic agents and their vulnerability to the
pesticides to be applied. Because forest stands
may be large and frequently include natural
aquatic habitats and harbor wildlife, the
consequences of pesticide use may be difficult to
assess. The applicator must therefore demonstrate
practical knowledge of control methods which will
minimize the possibility of secondary problems
such as unintended effects on wildlife. Proper
use of specialized equipment must be demonstrated,
equipment use should be specified especially as it
may relate to meterorological factors and adjacent
land use.
4. Ornamental and Turf Pest Control
Applicators shall demonstrate practical knowledge
of pesticide problems associated with the
production and maintenance of ornamental trees,
shrubs, plantings, and turf, including cognizance
of potential phytotoxicity due to a wide variety
of plant material, drift, and persistence beyond
the intended period of pest control. Because of
the frequent proximity of human habitations to
application activities, applicators in this
category must demonstrate practical knowledge of
application methods which will minimize or prevent
hazards to humans, pets, and other domestic
animals.
5. Seed Treatment
Applicators shall demonstrate practical knowledge
of types of seeds that require chemical protection
against pests and factors such as seed coloration,
carriers, and surface active agents which
influence pesticide binding and may affect
germination. They must demonstrate practical
knowledge of hazards associated with handling,
sorting and mixing, and misuse of treated seeds
such as introduction of treated seed into food and
feed channels, as well as proper disposal of
unused treated seed.
6. Aquatic Pest Control
Applicators shall demonstrate practical knowledge
of the secondary effects which can be caused by
improper application rates, incorrect formulations
and faulty application of restricted-use
pesticides used in this category. They shall
demonstrate practical knowledge of various water
use situations and the potential of downstream
effects. Further, they must have practical
knowledge concerning potential pesticide effects
on plants, fish, birds, beneficial insects and
other organisms which may be present in aquatic
environments. These applicators shall demonstrate
practical knowledge of the principles of limited
area application.
7. Right-of Way Pest Control
Applicators shall demonstrate practical knowledge
of a wide variety of environments since
rights-of-way can traverse many different
terrains, including waterways. They shall
demonstrate practical knowledge of problems on
runoff, drift, and excessive foliage destruction
and ability to recognize target organisms. They
shall also demonstrate practical knowledge of the
nature of herbicides and the need for containment
of these pesticides within the right-of-way area
and the impact of their application activities in
the adjacent areas and communities.
8. Industrial, Institutional, Structural and Health
Related Pest Control
Applicators must demonstrate a practical knowledge
of a wide variety of pests including their life
cycles, types of formulations appropriate for
their control and methods of application that
avoid contamination of food, damage and
contamination of habitat and exposure of people,
and pets. Since human exposure, including babies,
children pregnant women and elderly people, is
frequently a potential problem, applicators must
demonstrate practical knowledge of the specific
factors which may lead to a hazardous condition,
including continuous exposure in the various
situations encountered in this category. Because
health related pest control may involve outdoor
applications, applicators must also demonstrate
practical knowledge of environmental conditions
particularly related to this activity.
9. Public Health Pest Control
Applicators shall demonstrate practical knowledge
of vector-disease transmission as it relates to
and influences application programs. A wide
variety of pests are involved, and it is essential
that they be known and recognized and appropriate
life cycles and habitats be understood as a basis
for control strategy. These applicators shall
have practical knowledge of a great variety of
environments ranging from streams to those
conditions found in buildings. They should also
have practical knowledge of the importance and
employment of such non-chemical control methods as
sanitation, waste disposal, and drainage.
10. Regulatory Pest Control
Applicators shall demonstrate practical knowledge
of regulated pests, applicable laws relating to
quarantine and other regulation of pests, and the
potential impact on the environment of
restricted-use pesticides used in suppression and
eradication programs. They shall demonstrate
knowledge of factors influencing introduction,
spread, and population dynamics of relevant pests.
Their knowledge shall extend beyond that required
by their immediate duties since their services are
frequently required in other areas of the country
where emergency measures are invoked to control
regulated pests, and where individual judgments
must be made is new situations.
11. Demonstration and Research Pest Control
Persons demonstrating the safe and effective use
of pesticides to other applicators and the public
will be expected to meet comprehensive standards
reflecting a broad spectrum of pesticide uses.
Many different pest problem situations will be
encountered in the course of activities associated
with demonstration, and practical knowledge of
problems, pests, and population levels occurring
in each demonstration situation is required.
Further, they should demonstrate an understanding
of pesticide-organism interactions and the
importance of integrating pesticide use with other
control methods. In general, it would be expected
that applicators doing demonstration pest control
work possess a practical knowledge of all
standards detailed in 40 CFR 171.4(b). In
addition, they shall meet the specific standards
required for categories (1) through (8) and
(12)(13)(14)(15) of the Code as may be applicable
to their particular activity. Persons conducting
field research or method improvement work with
restricted-use pesticides should be expected to
know the general standards of 40 CFR 171.4(b). In
addition, they shall be expected to know the
specific standards required for categories (1)
through (10) and (12)(13)(14)(15) of the Code,
applicable to their particular activity, or
alternatively, to meet the more inclusive
requirements listed under "Demonstration".
12. Rodent and Bird Pest Control
Applicators must demonstrate knowledge of the
biological and behavior patterns of target and
related non-target species, including toxicity
levels which could be expected to give selective
control of pest species without causing
significant damage to populations of non-target
species. They must also demonstrate knowledge of
application techniques and practices to minimize
secondary poisonings of non-target species and
proper placement and management techniques of
baits.
13. Predator Pest Control
Applicators must demonstrate knowledge of the
biological and behavior patterns of target and
non-target species including toxicity levels which
could be expected to give selective control of
pest species. They must also demonstrate
knowledge of application techniques and practices
that minimize the potential for secondary
poisonings of predator species and proper
management and placement of baits.
14. Grain Fumigation Pest Control
Applicators must demonstrate a knowledge of grain
pests, their life cycles and characteristics;
application techniques associated with applying
fumigants to grain under various structural and
environmental conditions; hazards associated with
fumigants and potential residue problems in food
and feed resulting from improper use.
15. Wood Preservative Pest Control
Applicators must demonstrate knowledge of the
following:
a) Application of wood preservatives:
1) Preparation of wood for treatment;
2) Methods of applying wood preservatives; and
3) Factors influencing the effectiveness of
wood preservatives;
b) Protecting human health:
1) Hazards to applicator (acute and chronic
effects);
2) Safety procedures to be adhered to in
order to reduce exposure;
3) First aid; and
4) Wearing and care of protective equipment
c) Protecting the environment:
1) Waste disposal;
2) Storage and disposal of containers; and
3) Handling of spills;
d) Monitoring procedures for measurement of
ambient inorganic arsenical when appropriate.
e) Exemptions
The above standards do not apply to the following
persons of these regulations:
1) Persons conducting laboratory type research
involving restricted-use pesticides;
2) Doctors of Medicine and Doctors of Veterinary
Medicine applying pesticides as drugs or
medication during the course of their normal
practice.
SECTION 7 Competency Standards for Private Applicators. All private
applicators shall demonstrate knowledge of the following
subjects:
A. Recognize common pests to be controlled and damage
caused by them.
B. Read and understand the label and labeling information
- including the common name of pesticide(s) to be
applied; pest(s) to be controlled; timing and methods
of application; safety precautions; any pre-harvest or
re-entry restrictions; and any specific disposal
procedures.
C. Apply pesticides in accordance with label instructions
and warnings, including the ability to prepare the
proper concentration of pesticide to be used under
particular circumstances taking into account such
factors as area to be covered, speed at which
application equipment will be driven, and the quantity
dispersed in a given period of operation.
D. Recognize local environmental situations that must be
considered during application to avoid contamination.
E. Recognize poisoning symptoms and procedure(s) to
follow in case of a pesticide accident.
F. Private applicators must demonstrate a practical
knowledge of applicable Tribal, State and federal laws
and regulations. A copy of the Tribal Code will be
given to each applicator certified by the Tribe.
SECTION 8 Competency Standards for Supervision of Non-Certified
Applicators by Certified Private and Commercial
Applicators. Certified applicators whose activities
indicate a supervisory role must demonstrate a practical
knowledge of Federal, State and Tribal supervisory
requirements, including labeling, regarding the
application of restricted-use pesticides by non-certified
applicators.
Unless otherwise prescribed by the pesticide label, the
certified applicators must be physically present when
supervising non-certified applicators and shall be liable
for injury, damage or violations arising from activities
of the non-certified applicators.
SECTION 9 Reservation Certification Procedures. The Reservation
certification procedure will utilize much of the existing
South Dakota state program. No person shall apply
restricted-use pesticides on the reservation without
first obtaining an OST certification document. In order
to obtain such a document, an applicant must present to
the Pesticide Enforcement Officer a valid and current
pesticide applicator license issued by the State of South
Dakota. A detailed description of reservation
certification procedures is contained in the Tribal
Pesticide Code, Section 9.
A. Commercial Applicators
The Reservation commercial applicator categories and
standards are the same as those adopted by the State
of South Dakota except that practical knowledge of
applicable Tribal laws and regulations is also
required. The Oglala Sioux Code contains similar
use, storage, sales and record keeping provisions as
the South Dakota pesticide legislation. Further, a
copy of the Tribal Code will be provided to each
Tribal certified applicator. To obtain a Reservation
commercial applicator credential, an applicant must
present to the Pesticide Enforcement Officer a
current valid South Dakota State certification
credential. If the application is approved, the
Pesticide Enforcement Officer will issue to the
applicant a Reservation commercial applicator
credential containing application authorities in
those commercial categories found on the State
credential. Further, the expiration date of the
Reservation credential shall be the same as the
printed on the State credential.
B. Private Applicators
The standards of Competency for private applicators
on the Oglala Sioux Reservation are the same as those
required by the State of South Dakota except that a
practical knowledge of applicable Tribal laws and
regulations is also required. The Oglala Sioux code
contains similar use, storage, sales and record
keeping provisions as the South Dakota pesticide
legislation. Further, a copy of the Tribal Code will
be provided to each Tribal certified applicator. To
obtain a Reservation private applicator credential,
applicants must present a current valid South Dakota
private applicator credential to the Pesticide
Enforcement Officer. If an application is approved,
the Pesticide Enforcement Officer will issue a
Reservation private applicator credential.
C. Recertification
Applicators will be recertified upon presentation to
the Pesticide Officer of a renewed State
Certification. The Tribal expiration date will be
the same as the date on the renewed State
certification.
D. Revocation
Upon receiving notice of any applicator certification
currently being revoked by the State, the Tribe will
concurrently revoke the Tribal Certification upon
review and concurrence by the Land and Natural
Resources Committee. If the Committee decides
otherwise, their recommendation will be transmitted
to the EPA Office in Denver.
E. Reciprocity
Since the Reservation certification program utilizes
the South Dakota State certification procedure, it is
impractical for the Reservation to offer reciprocity
to out-of-State applicators.
SECTION 10 Maintenance of the Pine Ridge Plan. The Pine Ridge plan
utilizes the certification procedures adopted by the
State of South Dakota. These procedures are described
in the South Dakota Plan for Certification of Pesticide
Applicators as approved by the U.S. Environmental
Protection Agency. The certification courses conducted
on or near the Pine Ridge Indian Reservation will be
monitored by the Land and Natural Resources Committee to
assure that they meet the Standards for Certification
described in this Plan. Instances of non-conformance
to the certification standards detected in the training
courses will be reported to the State.
The Land and Natural Resources Committee will oversee a
thorough Tribal pesticide applicator enforcement
program. The enforcement program will consist of
routine pesticide use inspectors, inspections of all
reports of possible pesticide misuse, routine dealer
inspections, routine commercial applicator records
inspections and restricted-use pesticide dealer
inspections. Periodic inspections of land fills on the
Reservation will be conducted to assure safe and legal
disposal of unwanted pesticides and pesticide containers.
The Land and Natural Resources Committee will maintain
the Oglala Sioux Certification Program as described in
the plan. Any modification to the Plan deemed necessary
by the Committee will be subject to the approval of the
U.S. Environmental Protection Agency.
SECTION 11 Acceptance of Federal Government Agency Plans (GAP). The
Oglala Sioux pesticide applicator certification system
utilizes the certification system as maintained by the
State of South Dakota, As such, the Land and Natural
Resources Committee can accept only the credentials of
the State. Should the State accept a GAP plan in the
future, the Committee will recognize the plan under
agreement with the sponsoring federal Agency, the State
and the U.S. Environment Protection Agency.
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