2010 Minnesota Statutes

18B.065 WASTE Next Previous PESTICIDE Next Previous COLLECTION Next PROGRAM.

Subdivision 1. Previous Collection Next and disposal.

The commissioner of agriculture shall establish and operate a program to collect and dispose of Previous waste Next pesticides. The program must be made available to agricultural and nonagricultural Previous pesticide Next end users whose Previous waste Next generating activity occurs in this state. Previous Waste Next Previous pesticide Next generated in another state is not eligible for Previous collection Next under this section.

Subd. 2.Implementation.

(a) The commissioner may obtain a United States Environmental Protection Agency hazardous Previous waste Next identification number to manage the Previous waste Next pesticides collected.

(b) The commissioner may limit the type and quantity of Previous waste Next pesticides accepted for Previous collection Next and may assess Previous pesticide Next end users for portions of the costs incurred.

Subd. 2a.Disposal site requirement.

(a) For agricultural Previous waste Next pesticides, the commissioner must designate a place in each county of the state that is available at least every other year for persons to dispose of unused portions of agricultural pesticides. The commissioner shall consult with the person responsible for solid Previous waste Next management and disposal in each county to determine an appropriate location and to advertise each Previous collection Next event. The commissioner may provide a Previous collection Next opportunity in a county more frequently if the commissioner determines that a Previous collection Next is warranted.

(b) For nonagricultural Previous waste Next pesticides, the commissioner must provide a disposal opportunity each year in each county.

(c) As provided under subdivision 7, the commissioner may enter into cooperative agreements with local units of government to provide the collections required under paragraph (a) or (b) and shall provide a local unit of government, as part of the cooperative agreement, with funding for reasonable costs incurred including, but not limited to, related supplies, transportation, advertising, and disposal costs as well as reasonable overhead costs.

(d) A person who collects Previous waste Next Previous pesticide Next under this section shall, on a form provided or in a method approved by the commissioner, record information on each Previous waste Next Previous pesticide Next product collected including, but not limited to, the quantity collected and either the product name and its active ingredient or ingredients or the United States Environmental Protection Agency registration number. The person must submit this information to the commissioner at least annually by January 30.

Subd. 3.Information; education; Previous report Next .

(a) The commissioner shall provide informational and educational materials regarding Previous waste Next pesticides and the proper management of Previous waste Next pesticides to the public.

(b) No later than March 15 each year, the commissioner must Previous report Next the following to the legislative committees with jurisdiction over agriculture finance:

(1) each instance of a refusal to collect Previous waste Next Previous pesticide Next or the assessment of a fee to a Previous pesticide Next end user as authorized in subdivision 2, paragraph (b); and

(2) Previous waste Next Previous pesticide Next Previous collection Next information including a discussion of the type and quantity of Previous waste Next Previous pesticide Next collected by the commissioner and any entity collecting Previous waste Next Previous pesticide Next under subdivision 7 during the previous calendar year, a summary of Previous waste Next Previous pesticide Next Previous collection Next trends, and any corresponding program recommendations.

Subd. 4.Consultation with Pollution Control Agency.

The commissioner shall develop the program in this section in consultation and cooperation with the Pollution Control Agency.

Subd. 5.

[Repealed, 1Sp2005 c 1 art 1 s 98]

Subd. 6.

[Repealed, 1996 c 310 s 1]

Subd. 7.Cooperative agreements.

(a) The commissioner may enter into cooperative agreements with state agencies and local units of government for administration of the Previous waste Next Previous pesticide Next Previous collection Next program. The commissioner shall ensure that the program is carried out in all counties. If the commissioner cannot contract with another party to administer the program in a county, the commissioner shall perform collections according to the provisions of this section.

(b) The commissioner, according to the terms of a cooperative agreement between the commissioner and a local unit of government, may establish limits for unusual types or excessive quantities of Previous waste Next Previous pesticide Next offered by Previous pesticide Next end users to the local unit of government.

Subd. 8. Previous Waste Next Previous pesticide Next program surcharge.

The commissioner shall annually collect a Previous waste Next Previous pesticide Next program surcharge of $50 on each Previous pesticide Next product registered in the state as part of a Previous pesticide Next product registration application under section 18B.26, subdivision 3.

Subd. 9. Previous Waste Next Previous pesticide Next cooperative agreement account.

(a) A Previous waste Next Previous pesticide Next cooperative agreement account is created in the agricultural fund. Notwithstanding section 18B.05, the proceeds of surcharges imposed under subdivision 8 must be deposited in the agricultural fund and credited to the Previous waste Next Previous pesticide Next cooperative agreement account.

(b) Money in the Previous waste Next Previous pesticide Next cooperative agreement account, including interest, is appropriated to the commissioner and may only be used for costs incurred under a cooperative agreement pursuant to this section.

(c) Notwithstanding paragraph (b), if the amount available in the Previous waste Next Previous pesticide Next cooperative agreement account in any fiscal year exceeds the amount obligated to local units of government under subdivision 7, the excess is appropriated to the commissioner to perform Previous waste Next Previous pesticide collections under this section.

History:

1989 c 326 art 5 s 20; 1993 c 367 s 3; 1Sp2001 c 2 s 35; 2007 c 45 art 1 s 22,23; 2008 c 297 art 1 s 2-5; 2009 c 94 art 1 s 48-54