OAR 340-109-0020: Empty Container Management

(1) Empty rigid pesticide containers, including but not limited to cans, pails, buckets or drums constructed of metal, plastic, glass, or fiber may be managed as ordinary solid waste and decontaminated, verified and altered as follows: (a) Decontamination consists of removing any residual by: (A) Jet or multiple rinsing; (B) Aeration of volatile substances; COMMENT: For purposes of this rule, all fumigants are considered to be volatile. (C) Chemical washing methods such as those used to recondition metal drums; or (D) Other methods that have been shown in the scientific literature, or by generator tests, to achieve equivalent removal. (b) Verification consists of observing no residue on the interior surface of the container, or no turbidity (less than 5 Nephelometric turbidity units) in a sample rinse when a diluent, which does not solubilize the residue, is placed in the container to fill five percent of its volume and agitated for 30 seconds. (c) Alteration consists of puncturing or removing both ends and crushing the container except that: (A) 30-gallon or larger containers shall be punctured or have their ends removed but need not be crushed; (B) Containers to be beneficially used or reused need not be altered if alteration would interfere with such use or reuse; and (C) Gas cylinders shall be altered by removing the closure valve or valve stem to ensure venting. COMMENT: Extreme caution should be exercised in altering containers having held flammable pesticides or solvents. (2) Empty non-rigid pesticide containers, including paper, paper-laminated and paper-laminated foil bags, may be managed as ordinary solid waste and disposed as follows: (a) In a permitted solid waste landfill; or (b) Burned in an incinerator or boiler which has been permitted by the Department; or (c) Open burned in less than 50 pound lots on-site on the day of generation or as soon thereafter as feasible provided the site is not a public-use airport, distributorship or other permanent base of operation and the burning does not emit dense smoke, noxious odor or creates a public nuisance. Open burning shall be in compliance with OAR 340, division 23, local fire district requirements, and in such a manner as to protect public health and the environment. The ash and foil liners must be buried after burning. (3) Farmers may bury empty non-rigid or decontaminated rigid pesticide containers on their own property provided: (a) The containers were generated from their own use; and (b) The burial site is on flat ground, not in a swale, and at least 500 feet from surface water or any well. (4) No person shall use or provide for use empty or decontaminated pesticide containers to store food, fiber or water intended for human or animal consumption.