Current through 2024-38, September 18, 2024
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.
