Section 33-24-05-703 - Applicability - Pesticides1.Pesticides covered under sections 33-24-05-700 through 33-24-05-799. The requirements of sections 33-24-05-700 through 33-24-05-799 apply to persons managing pesticides, as described in section 33-24-01-04, meeting the following conditions, except those listed in subsection 2: a. Recalled pesticides that are: (1) Stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under federal Insecticide, Fungicide, and Rodenticide Act section 19(b), including, but not limited to, those owned by the registrant responsible for conducting the recall; or(2) Stocks of a suspended or canceled pesticide, or a pesticide that is not in compliance with federal Insecticide, Fungicide, and Rodenticide Act, that are part of a voluntary recall by the registrant.b. Stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program.2.Pesticides not covered under sections 33-24-05-700 through 33-24-05-799. The requirements of sections 33-24-05-700 through 33-24-05-799 do not apply to persons managing the following pesticides: a. Recalled pesticides described in subdivision a of subsection 1, and unused pesticide products described in subdivision b of subsection 1, that are managed by farmers in compliance with section 33-24-03-40.b. Pesticides not meeting the conditions set forth in subsection 1. These pesticides must be managed in compliance with the hazardous waste regulations in 33-24-01 through 33-24-04, 33-24-06, sections 33-24-05-01 through 33-24-05-559, and 33-24-05-800 through 33-24-05-1149;c. Pesticides that are not wastes under 33-24-02, including those that do not meet the criteria for waste generation in subsection 3 or those that are not wastes as described in subsection 4; andd. Pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in sections 33-24-02-15 through 33-24-02-19 or if it exhibits one or more of the characteristics identified in sections 33-24-02-10 through 33-24-02-14.3.When a pesticide becomes a waste. a. A recalled pesticide described in subdivision a of subsection 1 becomes a waste on the first date on which both of the following conditions apply: (1) The generator of the recalled pesticide agrees to participate in the recall; and(2) The person conducting the recall decides to discard the pesticide (for example, burn the pesticide for energy recovery).b. An unused pesticide product described in subdivision b of subsection 1 becomes a waste on the date the generator decides to discard it.4.Pesticides that are not wastes. The following pesticides are not wastes: a. Recalled pesticides described in subdivision a of subsection 1 provided that the person conducting the recall: (1) Has not made a decision to discard the pesticide (for example, burn for energy recovery). Until such a decision is made, the pesticide does not meet the definition of "solid waste" under section 33-24-02-02; thus the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including sections 33-24-05-700 through 33-24-05-799. This pesticide remains subject to the requirements of federal Insecticide, Fungicide, and Rodenticide Act; or(2) Has made a decision to use a management option that, under section 33-24-02-02, does not cause the pesticide to be a solid waste (for example, the selected option is use (other than use constituting disposal) or reuse (other than burning for energy recovery) or reclamation). Such a pesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to hazardous waste requirements including sections 33-24-05-700 through 33-24-05-799. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of federal Insecticide, Fungicide, and Rodenticide Act.b. Unused pesticide products described in subdivision b of subsection 1, if the generator of the unused pesticide product has not decided to discard them (for example, burn for energy recovery). These pesticides remain subject to the requirements of federal Insecticide, Fungicide, and Rodenticide Act.N.D. Admin Code 33-24-05-703
Effective July 1, 1997; amended effective December 1, 2003.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04