N.Y. Comp. Codes R. & Regs. tit. 6 § 325.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 325.4 - Cleansing and disposal of pesticide containers and disposal of unwanted or unusable pesticides

(a) Empty noncombustible pesticide containers must be cleansed before disposal, using the three-rinse technique or other methods approved by the department, as defined in section 325.1 of this Part, except that containers of ready-to-use pesticides that do not require dilution must be drained only for one 30-second period.

(b) After rinsing in accordance with the techniques described in section 325.1 of this Part, empty noncombustible containers must be disposed of as follows:

(1) nonreturnable containers may be disposed of on the property of the applicator in such a manner as to prevent contamination or in a sanitary landfill operating in accordance with department regulations; and

(2) returnable containers must be tightly closed to prevent leakage, the exterior cleaned and the containers returned to the supplier.

(c) Empty combustible containers of pesticides shall be disposed of as follows:

(1) in a sanitary landfill operating in accordance with department regulations;

(2) in a high temperature incinerator approved for such use by the department; or

(3) except containers of volatile hormone-type herbicides, at the site of application, if such containers are so destroyed by the end of the day on which they are emptied. Burning shall be done in accordance with the Public Health and Environmental Conservation Laws and the rules and regulations existing thereunder. Empty containers of volatile hormone-type herbicides shall be disposed of either in a sanitary landfill operating in accordance with department regulations or on the property of the applicator in such manner as to prevent contamination.

(d)

(1) Unwanted or unusable pesticides in total quantities per calendar year of 10 pounds or less of dry material active ingredient or five gallons or less of total liquid may be disposed of by burial with at least 18 inches of compacted cover in a manner and at a location such that ground or surface water will not be contaminated, except that no more than 1 kg (approximately 2.2 pounds or one quart) total quantity, per calendar year, of pesticides listed as acute hazardous waste in section 371.4(d)(5) of this Title may be buried, and no pesticide wastes shall be buried if the label prohibits such burial.

(2) Unwanted or unusable pesticides in total quantities per calendar year greater than 10 pounds active ingredient of dry material or five gallons of total liquid, or greater than 1 kg (approximately 2.2 pounds or one quart) of pesticides listed in section 371.4(d)(5) of this Title, and any quantity of waste pesticide whose label prohibits burial, shall be disposed of by:

(i) returning to the supplier; or

(ii) by disposal at a hazardous waste facility approved for this use by the department and the United States Environmental Protection Agency, or for an out-of-state facility, by USEPA and the appropriate State agency; or

(iii) by consignment to a pesticide clean-up day approved pursuant to section 360.1(f)(1)(xi) or 373-1.1(d)(1)(xviii) of this Title, provided that requirements of sections 364.1(e)(2)(xviii) and 372.1(e)(3)(iv) are also met.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 325.4