340-109-0010 Pesticide Residue Waste Management (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, evapotranspiration, 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, evapotranspiration, 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. Statutory/Other Authority: ORS 183.325 - 183.335, 466.020, 468.020 & 468 Statutes/Other Implemented: ORS 466.025 & 466.075 History: DEQ 183-2018, minor correction filed 04/16/2018, effective 04/16/2018 DEQ 91-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 12-1996, f. & cert. ef. 7-31-96 DEQ 17-1984, f. & ef. 8-22-84 DEQ 7-1984, f. & ef. 4-26-84