Current through Register Vol. 63, No. 3, March 1, 2024
(1) A person producing pesticide-containing
material from any pesticide operation or pesticide management shall make every
effort to beneficially use or reuse such material to the extent permissible
under federal and state law. Persons accumulating pesticide-containing material
for use or reuse, shall contain these materials according to industry standards
for containing commercial pesticides for use or reuse, and the container shall
be labeled as to its contents and marked with the EPA Registration Number(s)
for the pesticide(s).
(2) A person
producing pesticide residue at a public-use airport, pesticide dealership or
other permanent base of operation, and who does not beneficially use or reuse
such residue, must manage the pesticide residue:
(a) According to the universal waste
management standards in
40 CFR Part 273 and OAR 340 Division 113,
and standards in this Division, whereby such residues are designated "waste
pesticide." A waste pesticide designation occurs only when the owner or manager
of the residue:
(A) Contains the wastes;
and
(B) Labels the container with
the words "waste pesticide," and
(C) Marks the container(s) with the date the
wastes are created, and
(D) Manages
the contained wastes according to the universal waste management standards in
40 CFR Part 273 and OAR 340 Division 113; or
(b) Under a Water Pollution Control Facility
(WPCF) permit issued pursuant to OAR 340 Division 14; or
(c) As otherwise authorized by the
Department. Such management shall be in conformance with the following
performance standards:
(A) Containment by any
one or combination of: physical means (e.g., natural or man-made liners),
chemical means (e.g., adsorption-absorption layers), or other equivalent
means;
(B) Detoxification by any
one or combination of: physical means (e.g., solar radiation), chemical means
(e.g., hydrolysis), biological means (e.g., microbial degradation), or other
equivalent means;
(C) Volume
reduction by any one or combination of: evaporation, evapo-transpiration, use
for new product makeup, or other equivalent means; and
(D) Protection of groundwater and surface
waters by any one or combination of: system design, construction materials, or
a groundwater monitoring program.
(3) Pesticide residue managed other than as
specified in this Division, or by the Department remains a hazardous waste and
is subject to OAR 340, Divisions 100 to 106 and 142.
(4) Waste pesticide may be managed in:
(a) A RCRA Subtitle C hazardous waste
facility meeting the requirements of Division 100 to 106 and 142; or
(b) A permitted RCRA Subtitle D facility
meeting the requirements of OAR 340 Division 94 provided either the applicable
land disposal concentration-based standards in 40 CFR 268.40 are
met for waste pesticide containing any pesticide active ingredient(s) listed in
40 CFR 261.33(e) and (f), or if standards do not
exist, the wastes do not fail the "Department of Environmental Quality Aquatic
Toxicity Test," whereby a representative sample of a pesticide residue exhibits
a 96-hour aquatic toxicity LC 50 equal to or less than 250 mg/l; or
(c) A facility having a Water Pollution
Control Facility (WPCF) permit issued pursuant to OAR 340, Division 14;
or
(d) As otherwise authorized by
the Department. Such management shall be in conformance with the following
performance standards:
(A) Containment by any
one or combination of: physical means (e.g., natural or man-made liners),
chemical means (e.g., adsorption-absorption layers), or other equivalent means,
and
(B) Detoxification by any one
or combination of: physical means (e.g., solar radiation), chemical means
(e.g., hydrolysis), biological means (e.g., microbial degradation), or other
equivalent means, and
(C) Volume
reduction by any one or combination of: evaporation, evapo-transpiration, use
for new product makeup, or other equivalent means, and
(D) Protection of groundwater and surface
waters by any one or combination of: system design, construction materials, or
a groundwater monitoring program.
(5) A person producing pesticide residue at a
temporary base of operation, and who does not beneficially use or reuse such
residue, must manage such residue either:
(a)
At a permitted facility or site participating in a pesticide collection
program; or
(b) By spraying on the
ground, provided:
(A) The residue is sprayed
under pressure through a nozzle which is moving at a sufficient rate of speed
so as not to saturate the ground with waste;
(B) The person doing the spraying owns or
controls the management of the ground, or receives permission from the manager,
owner, or controller of the ground;
(C) The spray site location will not endanger
surface water or groundwater, or pose a hazard to humans, wildlife (game and
non-game animals) or domestic animals; and
(D) If applied to agriculture land, the
pesticide residue will not result in excessive or prohibited residuals in
current or subsequent crops.
(6) A person who spills pesticide residue
shall:
(a) Report and clean up such spill in
accordance with OAR 340, Division 142.
Stat. Auth.: ORS 183.325 - 183.335, 466.020, 468.020& 468
Stat Implemented: ORS 466.025 &
466.075