01- 026 C.M.R. ch. 21, § A

Current through 2024-51, December 18, 2024

Section 026-21-A - Limited and Restricted-Use Pesticides Purchased In-State

1.Scope. The rules in this Subchapter A apply to limited and restricted-use pesticides and their containers purchased from licensed Maine dealers. The following types of containers are exempt from these regulations but must be stored, handled and disposed of according to label directions and applicable D.E.P. regulations.

a. Paper, cardboard and fiberboard containers and plastic bags.

b. Containers of less than one-half pint volume.

c. Sealed containers, refillable only by the manufacturer or distributor, provided that such containers are required to be returned by the applicator to the manufacturer or distributor, that a deposit of no less than $50 per container is charged by the manufacturer or distributor to the applicator or purchaser, and that the manufacturer or distributor establishes and carries out a monitoring system which provides for the identification and tracking of each container.

2.Deposits. Dealers shall collect deposits in cash or posted credit charges on each pesticide container at the time of sale or delivery to the purchaser or its agent, as follows:

a. Non-refillable containers

(1) One-half pint to 30 gallons capacity - $5.00 per container

(2) 30 gallons capacity and over - $10.00 per container

b. Refillable containers. At their option, dealers may collect deposits greater than those required for non-refillable containers.

3.Stickers. Prior to or at the time of delivery of the pesticide to the purchaser or its agent, stickers obtained from the Board of Pesticides Control shall be affixed by dealers to pesticide containers.

a. Dealers shall obtain stickers by making a request, on forms provided for that purpose, to the Board at least two weeks prior to anticipated need. Completed forms shall be forwarded to the Board of Pesticides Control, Deering Building, AMHI Complex, Augusta, Maine 04333. Arrangements for emergency pick up of stickers may be made by contacting the Board at 207/287-2731. Dealers will be billed and shall pay for the costs of printing and shipping stickers, as assessed by the Board.

b. Dealers shall affix stickers prominently and securely to containers in a manner that will not obscure or interfere with any trademark or label instructions. Such stickers shall in no event be deemed a part of the label. If an unopened case of containers is to be sold and delivered to the purchaser or its agent, the dealer may securely attach or fasten a sufficient number of stickers (one for each container) to the exterior of the unopened case prior to delivery. In such event, the purchaser or his agent shall either affix stickers to containers immediately upon opening the case, or the containers shall at all times be kept with the case on which the stickers remain affixed, except during actual use of the containers, and shall be returned to the dealer or his agent as a unit for return of deposit and disposal.

c. Stickers, as supplied by the Board and completed by the dealer at the time of sale or delivery to the purchaser or his agent, shall identify the dealer and the purchaser and shall contain such other information as the Board shall require. Dealers shall keep a record of sticker numbers and corresponding purchasers for each container sold.

d. It shall be unlawful to remove, deface, or otherwise render illegible a sticker affixed to a container except at the time of recycling or disposal in accordance with these regulations.

4.Records. Dealers shall maintain records of all restricted or limited use pesticide sales subject to these regulations for a period of two calendar years. Information required includes the following:

a. the name and address of the purchaser (and agent, if any), and date of delivery

b. the registered name of the pesticide and the number and size of each container

c. the serial number of each sticker affixed to a container

d. the amount of the deposit paid or posted to credit

5.Triple rinse or equivalent. Pesticide containers shall be triple rinsed immediately by the applicator or someone under his direct supervision, or cleaned by another authorized method or procedure equivalent in residue removal effectiveness.

a. The standard triple rinse procedure is as follows:

(1) the emptied container shall be drained for at least thirty (30) seconds after steady flow of pesticide formulation has ceased and after individual drops are evident. Any pesticide formulation drained shall be added to the spray tank mix and shall be applied in accordance with label instructions.

(2) a solvent, usually water, specified by the manufacturer and capable of removing the pesticide residue shall be added to the drained container in an amount equal to ten percent (10%) of its capacity. The container then shall be shaken, agitated, or rolled vigorously in such fashion as to dislodge residues from the top, bottom and sides. The liquid residues (rinsate) shall be added as make-up to the spray tank mix, and the container shall be allowed to drain for at least thirty (30) seconds after steady flow has ceased and after individual drops are evident.

(3) the above procedure shall be performed two more times, each time allowing the container to drain at least thirty (30) seconds and adding all rinsate to the spray tank mix, to be applied in accordance with label instructions.

b. In cases where undiluted formulations are used and rinsate cannot be added to the spray tank, the residue must be disposed of in accordance with label instructions.

c. Methods of rinsing or cleaning containers, other than the standard triple rinsing procedure described above, may be used provided they are shown to remove equivalent amounts of pesticide residues which can be disposed of in an environmentally safe manner. Any person proposing to use an equivalent method that has not been previously authorized by the Board shall first obtain the Board's approval by providing data and information to document the cleaning effectiveness of the method and the environmental safety of residue disposal.

d. In the case of containers with removable inner liners that prevent contact between the pesticide and the container, removal of the liner shall be considered the equivalent of triple rinsing. The removed liners must be handled and disposed of according to the label and D.E.P. regulations. Liners removed from pesticides containers containing pesticides listed as hazardous waste by the D.E.P. are also considered hazardous waste unless the liners are triple rinsed with an applicable solvent or other method approved as equivalent by the D.E.P.

e. Following the rinsing, cleaning or liner removal procedure, plastic or metal containers not destined for return to manufacturers or shipment to reconditioners shall be punctured prior to disposal to insure they are empty and to prevent reuse. Glass containers are exempt from this puncture requirement.

6.Affidavits. The Board shall provide blank affidavit forms which purchasers or their agents must accurately complete and provide to the dealer or his representative prior to disposal and a refund of the deposit. No deposit shall be returned unless this requirement is satisfied.

a. The following information must be recorded on the affidavit form:

(1) the name and address of the purchaser, and agent if any

(2) the registered name of the pesticide and the number and size of each container

(3) the serial number of each sticker affixed to a container

b. The following must be completed by the purchaser or his agent on the affidavit at the time the empty and properly rinsed containers are returned to an authorized collection, recycling or disposal place:

(1) The following certification to be signed by the purchaser or his agent and the person performing container rinsing "This is to certify under oath that the container(s) with the sticker number(s) listed herein has(have) been properly rinsed according to regulations adopted by the Board of Pesticides Control."

(2) The location and date containers were returned.

c. The information contained on the affidavit shall be true and correct. It shall be a violation hereof to sign or submit a false affidavit.

d. The dealer shall retain a copy of the completed affidavit for two years following return or may forward the same to the Board.

7.Return and refund

a. Containers bearing the Board's stickers that have been properly rinsed according the Board's regulations, and that are accompanied by completed affidavits to that effect, shall be returned for refund of deposit as follows:

(1) to an authorized collection, disposal or recycling facility specified by the dealer, provided that arrangement for the use of such facility have been made by the dealer, or

(2) otherwise, to the place of business of the dealer who sold the pesticide.

b. Upon return of the containers and receipt of the affidavit as provided above, cash deposits shall be refunded by the dealer in cash, and deposits that were posted to credit accounts shall be credited to reduce such accounts, except that if such accounts have been paid in full prior to return, then refunds shall be in cash.

01- 026 C.M.R. ch. 21, § A