Section 18.90.615. Storage and disposal of pesticides and pesticide containers.

	(a)  A person who applies a pesticide shall properly dispose of each empty container. A person may burn an empty pesticide container only if  
		(1) the container's labeling allows the container to be burned; and  
		(2) burning is done in compliance with 18 AAC 50.  
	(b)  Custom, commercial, or contract applicators, and school administrators shall store all pesticides, including general-use and restricted-use pesticides, as required by (d) - (h) of this section.  
	(c)  Private agricultural applicators and dealers shall store restricted-use pesticides as required by (d) - (h) of this section.  
	(d)  The storage requirements of this section apply to empty, full, or partially full pesticide containers that are the responsibility of the persons identified in (b) and (c) of this section. These containers must be stored in one of the following enclosures that, when unattended, is locked to prevent unauthorized persons, or livestock or other animals from gaining entry:  
		(1) a closed vehicle;  
		(2) a closed trailer;  
		(3) a closed building or room;  
		(4) a fenced area with a fence at least six feet high; or  
		(5) a truck or trailer with solid side racks and secured tailgate at least six feet above the ground.  
	(e)  A warning notice must be posted on the outside of an enclosure listed in (d)(2) - (4) of this section. The notice must  
		(1) include the name and telephone number of a person to contact in an emergency;  
		(2) be a minimum size of 8 by 10 inches;  
		(3) use lettering at least three-fourths inch high;  
		(4) be a sign as follows, if the stored pesticide has an EPA-approved label containing a skull and crossbones and the signal word "danger"; and  
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		(5) be a sign containing the signal word of the most hazardous pesticide being stored, either "warning" or "caution", as follows, if none of the stored pesticides has an EPA-approved label containing a skull and crossbones and "danger" signal word:  
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	(f)  The notice described in (e) of this section must be repeated in an appropriate language other than English if it is probable that persons who do not understand English will come to the enclosure.  
	(g)  The posting of a warning notice other than as specified in (e) of this section must be approved by the department.  
	(h)  The words "POISON" or "CHEMICAL" may be substituted for the word "PESTICIDE" in a warning notice required under (e) of this section.   

Authorities

46.03.010;46.03.020;46.03.320;46.03.330;46.03.730

Notes

Authority

AS 46.03.010 AS 46.03.020 AS 46.03.320 AS 46.03.330 AS 46.03.730 Editor's note: The warning notices required in 18 AAC 90.615(e) are available at the department's pesticide program offices in Wasilla or Anchorage or on the Internet at http://www.dec.state.ak.us/eh/ pest/index.htm.

History

Eff. 2/15/98, Register 145; am 11/30/2003, Register 168; am 9/30/2007, Register 183

References

18.90.615