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4.10.1803    STANDARDS FOR DISPOSAL PROGRAM OPERATION

(1)  The disposal program may accept:

(a)  acceptable pesticides;

(b)  recyclable pesticide containers;

(c)  exchangeable pesticides.

(2)  The disposal program shall not accept:

(a)  nonpesticide materials;

(b)  unacceptable pesticides.

(3)  Contractors conducting the disposal program must meet qualifications that include but are not limited to the following items:

(a)  registered as a hazardous waste generator with the Montana department of environmental quality (DEQ)  and possess a hazardous waste identification number issued by the United States environmental protection agency (EPA)  .  DEQ registration and an EPA hazardous waste identification number shall not be required for a contractor involved solely with recyclable pesticide containers and exchangeable pesticides;

(b)  possess or subcontract only with transporters that possess all necessary federal and state permits, licenses and registrations required for the transportation of hazardous wastes;

(c)  certify that employees conducting the disposal program meet occupational safety and health administration safety and training requirements in the code of federal regulations (29 CFR 1910.120)  .

(4)  The department may issue request for bid proposals (RFPs)  and enter into written contracts with contractors to conduct the operational aspects of the disposal program.  The department may require that entities responding to the RFP provide specific information on methods and procedures that the contractors will use in conducting a disposal program.  This information provided by the contractor may include but is not limited to:

(a)  a collection site preparation and restoration plan to provide for safe transfer of acceptable pesticides, exchangeable pesticides, and recyclable pesticide containers including provisions for site selection, protection of the environment and public health, and restoration of the site to its original condition;

(b)  evidence of an established quality assurance/quality control program used by the contractor;

(c)  provisions for development of site specific health and safety plan(s)  for the chosen collection site(s)  ;

(d)  written documentation provided to the department before collection that the acceptable pesticides collected under the disposal program will be accepted by an EPA permitted disposal facility for incineration;

(e)  methods for management of collected acceptable pesticides from the collection site to the disposal facility in compliance with Title 17, chapter 54, Administrative Rules of Montana;

(f)  provisions for inspection and monitoring of the disposal program by the department;

(g)  attendance at organizational meeting(s)  prior to collection day(s)  ;

(h)  provisions for written documentation of collection activities provided to the department within established time schedules which may include:

(i)  an itemized list of pesticide products by trade/generic name and amounts collected;

(ii)  shipping manifests.

(5)  The department shall establish criteria for awarding the disposal program contract(s)  . Selection criteria shall include but not be limited to:

(a)  ability to perform service;

(b)  related experience or similar waste disposal projects;

(c)  references;

(d)  federal Resource Conservation and Recovery Act (RCRA)  compliance record;

(e)  clarity and completeness of bid proposal;

(f)  cost.

History: Sec. 80-8-105 MCA; IMP, Sec. 80-8-111, 80-8-112 MCA; NEW, 1994 MAR p. 1280, Eff. 5/13/94.

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