2016 North Dakota Century Code Title 4 Agriculture Chapter 4-35.2 Pesticide and Pesticide Container Disposal
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CHAPTER 4-35.2
PESTICIDE AND PESTICIDE CONTAINER DISPOSAL
4-35.2-01. Pesticide and pesticide container disposal program - Pesticide container
management - Compensation.
1. The definitions contained in section 4-35-05 apply to this section.
2. In consultation with an advisory board consisting of the state health officer, director of
the North Dakota state university extension service, two individuals representing
agribusiness organizations, and two individuals representing farm organizations, all of
whom must be selected by the agriculture commissioner, the commissioner shall
continue to implement the project authorized by section 1 of chapter 77 of the 2001
Session Laws, which is known as project safe send. The purpose of the project is to:
a. Collect and either recycle or dispose of unusable pesticides and unusable
pesticide containers. The commissioner shall provide for the establishment and
operation of temporary collection sites for the pesticides and pesticide containers.
The commissioner may limit the type and quantity of pesticides and pesticide
containers acceptable for collection.
b. Promote proper pesticide container management. In consultation with the director
of the North Dakota state university extension service, the commissioner shall
evaluate and promote proper methods of pesticide container management,
including information on the variety of pesticide containers available.
3. Any entity collecting pesticide containers or unusable pesticides shall manage and
dispose of the containers and pesticides in compliance with applicable federal and
state requirements. When called upon, any state agency shall assist the commissioner
in implementing the project.
4. For services rendered in connection with the design and implementation of this project,
the members selected by the commissioner are entitled to reimbursement for mileage
and travel expenses in the same manner and for the same amounts provided for state
employees and officials. Compensation and expense reimbursement must be paid
from the environment and rangeland protection fund.
4-35.2-02. Project scope and evaluation.
The project described in section 4-35.2-01 must occur in areas to be determined by the
agriculture commissioner in consultation with the advisory board under subsection 2 of section
4-35.2-01.
4-35.2-03. Project safe send pesticide and pesticide container collection - User fees.
The agriculture commissioner, in consultation with the advisory board for the project safe
send pesticide and pesticide container disposal program, may charge a fee for collection of
rinsate. The fees must be established at a level that will generate enough revenue to cover the
cost of disposal associated with the rinsate that is collected. Collections from this fee must be
deposited in the environment and rangeland protection fund.
4-35.2-04. Report on pesticide container disposal program.
The agriculture commissioner shall submit a biennial report to a joint meeting of the house
of representatives and senate agriculture committees on the status of the pesticide container
disposal program.
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