01-026 C.M.R. ch. 21, § B - Limited and Restricted Use Pesticide Purchased Out-of-State

1. Scope. The rules in this Subchapter B apply to limited and restricted use pesticides and their containers purchased out-of-state and brought into the State other than for resale, and which are held for use or used within the State. 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. Any person who purchases or otherwise acquires pesticides in containers within the scope of the regulations in this Subchapter B shall pay deposits on the containers to the Board of Pesticides Control, as follows:

a. All containers

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

(2) 30 gallons capacity and over - $10.00

b. Deposits shall be in cash, check, or money order and must be paid at the time stickers are requested under paragraph 3.

3. Stickers. At the time that pesticides are received for use in this State, stickers must be obtained from the Board and shall be affixed to such containers by the purchaser or his agent, as follows:

a. Stickers shall be obtained 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 207/289-2731. All requests must be accompanied by cash, check, or money order in an amount to cover the deposits due and for the costs of printing and shipping the stickers, as assessed by the Board.

b. Stickers shall be affixed prominently and securely to containers in a manner that will not obscure or interfere with any trademark or label instruction. Such stickers shall in no event be deemed part of the label.

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

4. Affidavits. The Board will provide blank affidavit forms to those seeking stickers for containers and the purchaser or his agent must complete such a form prior to returning containers for disposal.

a. The following information must be completed 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 illegal to sign or submit a false affidavit.

d. The completed and signed affidavit shall be submitted to the Board at the time a request is made for refund of the deposit.

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 set forth in Subchapter A, Section 5 a and b of this Chapter.

b. 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 sound 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.

c. 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. All 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.

d. Following the rinsing, cleaning, or liner removal procedure, plastic or metal containers not designated 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. Return for Refund

a. Containers bearing the Board's stickers that have been properly rinsed and punctured according to the Board's regulations shall be returned to an authorized recycling, collection or disposal facility, as follows:

(1) completed and signed affidavits must accompany all containers returned

(2) the place and date of return shall be confirmed by the operator of the recycling, collection or disposal facility.

b. Requests for refund of deposits shall be made, on forms provided for that purpose, to the Board of Pesticides Control, Deering Building, AMHI Complex, Augusta, Maine 04333. All requests must be accompanied by properly completed and signed affidavits that account for stickers issued by the Board.

7. Out-of-State Dealer Option. Any out-of-state dealer may elect to act as if it were an in-state dealer under Subchapter A hereof. In that case such dealer shall apply for stickers from the Board and shall otherwise comply with the requirements of Subchapter A. Purchasers from such dealers and other handlers shall comply with Subchapter A. The provisions of this Subchapter B shall not apply in such case.

Notes

01-026 C.M.R. ch. 21, § B