S.D. Admin. R. 12:56:18:03

Current through Register Vol. 51, page 67, December 16, 2024

Section 12:56:18:03 - Pesticides acceptable for collection

Only waste pesticides are eligible for collection. Pesticides are prioritized based on the toxicity of the pesticide, condition of the container, and the potential for the pesticide to harm human health or the environment. Pesticides that exhibit the greatest risks shall receive priority for collection, within the constraints of program funding. Regardless of priority, the secretary may refuse to collect and dispose of any pesticide based on any one or more of the following factors:

(1) Physical or financial constraints;

(2) Misrepresentation of waste pesticide;

(3) Newly discovered facts regarding the toxicity, condition, or potential effect of the pesticide on the environment; and

(4) Differences between the original pesticide as sold or produced and the present condition of the pesticide.

Waste pesticides considered eligible but not collected because of inadequate program funding shall be put on a list for consideration in the next annual cycle of collections.

S.D. Admin. R. 12:56:18:03

19 SDR 114, effective 2/11/1993; 19 SDR 198, effective 7/1/1993; 49 SDR 124, effective 7/3/2023

General Authority: SDCL 38-20A-36, 38-20A-54.

Law Implemented: SDCL 38-20A-54, 38-20A-55.