Mich. Admin. Code R. 285.637.8 - Management of excess pesticides and pesticide - containing materials

Rule 8.

(1) Persons who have pesticide-containing materials that consist of pesticides for which federal or state registration has not been suspended may, except as provided in subrules (3) and (4) of this rule, use these materials as a pesticide in accordance with the instructions for use on the label of the pesticide or pesticides they contain. Both of the following uses of pesticides or pesticide-containing material are considered to be uses in accordance with label directions:

(a) The application of a pesticide or pesticide-containing material to a labeled site so that the total application rate of the active ingredient does not exceed directions for use provided on the label.

(b) Pesticide-containing materials that are used as diluents in subsequent mixtures of pesticides and diluents if the subsequent applications of such mixtures are in compliance with the provisions of subdivision (a) of this subrule.

(2) Soils, sediments, debris, or other pesticide-containing material may be used as a pesticide under the provisions of these rules if the person who manages the material knows the amount of active ingredient in the material or can estimate the largest possible amount of active ingredient in the material being managed either because of having direct knowledge of the amount of pesticide that is contained in the material or as a result of testing the material. Application of material for which the amount of active ingredient is unknown or cannot be estimated is prohibited.

(3) A person who has quantities of pesticide-containing materials and who does not intend to use these materials as pesticides in compliance with the provisions of subrule (1) of this rule shall follow the instructions for product and container disposal on the label of the pesticide. A person who recycles, recovers, or otherwise handles pesticide-containing materials in compliance with applicable local, state, and federal solid waste laws shall be considered to be in compliance with the label directions for disposal, even if a method of disposal or handling that is used is not specified in the instructions for disposal on the pesticide label.

(4) Soils, sediments, debris, or other solids that contain pesticides that may have been altered as a result of a fire or other occurrence shall not be used as a pesticide unless laboratory analysis is obtained to confirm that the material may still be effectively used as a pesticide.

(5) Spills, leaks, releases, or other accidental discharges of pesticides or pesticide-containing materials shall be promptly contained and recovered in a manner that assures the protection of human health and the environment. Surfaces that intercept such discharges shall be promptly cleaned to assure maximum recovery. Recovered pesticides and pesticide-containing materials and materials that are used to contain, minimize, absorb, or collect spills shall be managed in accordance with subrule (1)(a) of this rule.

(6) A person shall not dispose of or handle any pesticide or any pesticide-containing material as follows:

(a) In a manner that is inconsistent with its labeling.

(b) So as to cause or allow a discharge to the environment in a manner that is inconsistent with the label instructions for use or disposal.

(c) So as to violate any state or federal pollution control statute.

(d) So as to cause or allow burying in a land site in a manner that is not in compliance with applicable state and federal solid waste regulations.

(e) So as to cause or allow the storage of pesticides or pesticide-containing materials, including rinsate or wash water, in underground tanks. This prohibition does not apply to watertight catch basins that are used for temporary collection or other recirculating systems as approved by the director.

Notes

Mich. Admin. Code R. 285.637.8

1992 AACS; 2008 AACS