3 Del. Admin. Code § 601-16.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 601-16.0 - Storing And Disposal Of Pesticides And Pesticide Containers16.1 Prohibited Acts 16.1.1 No person shall dispose of or store (or receive for disposal or storage) any pesticide, pesticide container or pesticide container residue:16.1.1.1 In a manner inconsistent with its label or labeling;16.1.1.2 So as to cause or allow the open dumping of pesticides or pesticide containers;16.1.1.3 So as to cause or allow open burning of pesticide or pesticide containers.16.1.1.4 So as to cause or allow dumping of pesticides in any stream, river, pond, lake, sewer, storm water drain, or to ground water except in conformance with permits issued by the Delaware Department of Agriculture or other state agency having jurisdiction regarding water pollution;16.1.1.5 So as to violate any applicable state or federal pollution control standard.16.2 Pesticide And Pesticide Container Disposal 16.2.1 Pesticide containers shall, upon completion of use, be triple rinsed immediately by the applicator or someone under the applicator's direct supervision or cleaned by another method or procedure equivalent in residue removal effectiveness. 16.2.1.1 The standard triple rinse procedure is as follows:16.2.1.1.1 The emptied container shall be drained for at least 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.16.2.1.1.2 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 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 30 seconds after steady flow has ceased and after individual drops are evident.16.2.1.1.3 The above procedure shall be performed two more times, each time allowing the container to drain at least 30 seconds and adding all rinsate to the spray tank mix to be applied in accordance with label instructions.16.2.1.2 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 applicable Department of Natural Resources and Environmental Control (DNREC) regulations.16.2.1.3 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.16.2.1.4 In the case of containers with removable inner liners that prevent contact between the pesticide and the container, removal of the empty liner shall be considered the equivalent of triple rinsing. The removed liners must be disposed of in a sanitary landfill. Empty liners removed from pesticide containers that held pesticides listed as hazardous waste are also considered hazardous waste unless the liners are triple rinsed using a solvent or other method approved as equivalent by the DNREC. Once rinsed these liners may be handled and disposed of in a sanitary landfill. Rinsates shall be used in accordance with subsection 16.2.1.1.2.16.2.1.5 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 ensure they are empty and to prevent re-use. Glass containers are exempt from this puncture requirement.16.2.1.6 Pesticide containers labeled for commercial or farm use, which have been triple rinsed and handled in accordance with subsections 16.2.1.1 through 16.2.1.5, shall be disposed of at a sanitary landfill or through a Department accepted recycling program.16.2.1.7 Unused or unwanted farm or commercial use pesticides that qualify as hazardous waste shall be disposed of in accordance with 7 Del.C., Ch. 63 and the Delaware Regulations Governing Hazardous Waste.16.2.1.8 Pesticides or pesticide containers which are not subject to these regulations are as follows:16.2.1.8.1 Paper, cardboard and fiberboard containers. Storage, handling and disposal must, however, be in accordance with label directions and any applicable DNREC regulations or local ordinances. This waiver applies only if all the pesticide contents have been removed from the container using practical methods.16.2.1.8.2 Empty aerosol containers and empty compressed gas cylinders, provided that the empty aerosol containers contain non-reactive propellant and are disposed of according to the product labeling and the empty compressed gas cylinders are returned for re-use.16.2.1.8.3 Pesticide containers labeled as returnable, and which are returned to the manufacturer for refill.16.2.1.8.4 Pesticides and pesticide containers which are intended solely for home and garden use, provided they are securely wrapped in several layers of paper and disposed of singly through routine municipal solid waste disposal or at a sanitary landfill.16.3 Pesticide Storage and Containment 16.3.1 Pesticides shall be stored in such a manner so as to prevent the contamination of food, feed and/or water.16.3.2 Pesticides shall be stored out of the reach of children and so as not to present a public nuisance.16.3.3 Until the Secretary, along with the Pesticide Advisory Committee and any other person as the Secretary may consult, promulgates more specific rules and regulations covering the storage and containment of pesticides not provided in subsections 16.1 and 16.3 of this regulation, the procedures for the storage and containment of pesticides detailed in Regulations promulgated by the Administrator, United States Environmental Protection Agency, shall be the procedures for Delaware. The Secretary shall make copies of these procedures available to any person needing guidance for proper storage of pesticides or pesticide containers.3 Del. Admin. Code § 601-16.0
7 DE Reg. 1674 (06/01/04)
10 DE Reg. 833 (11/01/06)
26 DE Reg. 1050 (6/1/2023) (Final)