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          12:56:18:03.  Pesticides acceptable for collection. To be eligible for collection, pesticides must be preregistered on a form provided by the secretary. From these preregistrations, the secretary shall compile a prioritized list of eligible waste pesticides and participants based on the toxicity of the pesticide, condition of the container, and the potential for the pesticide to harm human health or the environment. Pesticides that exhibit the greatest risks shall receive the highest ranking. Those waste pesticides that rank highest on the list shall receive priority for collection, within the constraints of program funding. Regardless of the priority list, the secretary may refuse to collect and dispose of any pesticide based on any one or more of the following factors:

          (1)  Physical or financial constraints;

          (2)  Misrepresentation in preregistration;

          (3)  Newly discovered facts regarding the toxicity, condition, or potential effect of the pesticide on the environment; and

          (4)  Differences between the original pesticide as sold or produced and the present condition of the pesticide.

          The secretary shall notify the applicant of the eligibility of the pesticides for disposal under the program at least 15 days before the date of collection. If the pesticides are eligible for disposal, the secretary shall specify in the notice where and when the pesticides will need to be delivered.

          Waste pesticides considered eligible but not collected because of inadequate program funding shall remain on the list for consideration in the next annual cycle of collections and do not require submission of another application for preregistration.

          Source: 19 SDR 114, effective February 11, 1993; 19 SDR 198, effective July 1, 1993.

          General Authority: SDCL 38-20A-36, 38-20A-54.

          Law Implemented: SDCL 38-20A-54, 38-20A-55.

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