Rule 12:56:18:03 Pesticides acceptable for collection.
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
(2) Misrepresentation in preregistration;
(3) Newly discovered facts
regarding the toxicity, condition, or potential effect of the pesticide on the
(4) Differences between the
original pesticide as sold or produced and the present condition of the
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.
19 SDR 114, effective February 11, 1993; 19 SDR 198, effective July 1, 1993.
Authority: SDCL 38-20A-36, 38-20A-54.
Implemented: SDCL 38-20A-54, 38-20A-55.
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