Pesticides

A pesticide is a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant. Recalled, suspended, and cancelled pesticides, and unused pesticides that have not been recalled but are collected and managed as part of a waste pesticide collection program may be managed as a universal waste.  Recalled, suspended, and cancelled pesticides become a waste on the first date on which the generator agrees to participate in the voluntary or mandatory recall and the person conducting the recall decides to discard it.  An unused pesticide becomes a waste on the date the generator decides to discard it.

When managed as universal waste, handlers must manage pesticides in a way that prevents a release or any component of universal waste to the environment. Universal waste pesticides must be contained in one or more of the following:

• A container that is closed, structurally sound, compatible with the pesticide, and lacking evidence of leakage, spillage or damage that could cause leakage.
• An overpacked container that is closed, structurally sound, compatible with the pesticide, and lacking evidence of leakage, spillage or damage that could cause leakage.
• A tank that meets the requirements of 40 CFR part 265 subpart J.
• A transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide, and lacking evidence of leakage, spillage or damage that could cause leakage.

A container (or multiple container package unit), tank, transport vehicle or vessel in which recalled universal waste pesticides are contained is labeled or marked clearly with the label that was on or accompanied the product as sold or distributed and the words “Universal Waste- Pesticide(s)” or “Waste Pesticide(s).