Section 673.03. Applicability — pesticides.

 

(1)   Pesticides covered under this chapter. The requirements of this chapter apply to persons managing pesticides, as described in s. NR 673.09 , meeting any of the following conditions, except those listed in sub. (2) :

(a) Recalled pesticides that are any of the following:

1. Stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under 7 USC 136q (b), including, but not limited to those owned by the registrant responsible for conducting the recall.

2. Stocks of a suspended or canceled pesticide, or a pesticide that is not in compliance with 7 USC 136 to 136y , that are part of a voluntary recall by the registrant.

(b) Stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program.

(2)   Pesticides not covered under this chapter. The requirements of this chapter do not apply to persons managing any of the following pesticides:

(a) Recalled pesticides described in sub. (1) (a) , and unused pesticide products described in sub. (1) (b) , that are managed by farmers in compliance with s. NR 662.070 .

(b) Pesticides not meeting the conditions set forth in sub. (1) . These pesticides shall be managed in compliance with the hazardous waste rules in chs. NR 660 to 670 .

(c) Pesticides that are not wastes under ch. NR 661 , including those that do not meet the criteria for waste generation in sub. (3) or those that are not wastes as described in sub. (4) .

(d) Pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in subch. D of ch. NR 661 or if it exhibits one or more of the characteristics identified in subch. C of ch. NR 661 .

(3)   When a pesticide becomes a waste.

(a) A recalled pesticide described in sub. (1) (a) becomes a waste on the first date on which all of the following conditions apply:

1. The generator of the recalled pesticide agrees to participate in the recall.

2. The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

(b) An unused pesticide product described in sub. (1) (b) becomes a waste on the date the generator decides to discard it.

(4)   Pesticides that are not wastes. All of the following pesticides are not wastes:

(a) Recalled pesticides described in sub. (1) (a) , provided that the person conducting the recall has done any of the following:

1. Has not made a decision to discard (e.g., burn for energy recovery) the pesticide. Until such a decision is made, the pesticide does not meet the definition of "solid waste" under s. NR 661.02 . Thus, the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including this chapter. This pesticide remains subject to the requirements of 7 USC 136 to 136y .

2. Has made a decision to use a management option that, under s. NR 661.02 , does not cause the pesticide to be a solid waste (i.e., the selected option is use (other than use constituting disposal) or reuse (other than burning for energy recovery), or reclamation). Such a pesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to the hazardous waste requirements including this chapter. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of 7 USC 136 to 136y .

(b) Unused pesticide products described in sub. (1) (b) , if the generator of the unused pesticide product has not decided to discard (e.g., burn for energy recovery) them. These pesticides remain subject to the requirements of 7 USC 136 to 136y .

CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.

Note

Title 7 USC 136 to 136y is also known as the federal insecticide, fungicide and rodenticide act (FIFRA). Microsoft Windows NT 6.1.7601 Service Pack 1 Section NR 662.070 addresses pesticides disposed of on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label, provided the container is triple rinsed in accordance with s. NR 661.07 (2) (c) . Microsoft Windows NT 6.1.7601 Service Pack 1