Institute of Agriculture and Natural Resources personnel are involved routinely in research and other activities using pesticides. Uniform policies, practices and procedures therefore must be established and followed to ensure protection of personal health and safety, prevent unreasonable adverse effects on the environment, and obtain full compliance with applicable federal, state and local laws and regulations.

1.0  Policy

Pesticide use, container disposal, and pesticide waste disposal within the Institute of Agriculture and Natural Resources, University of Nebraska-Lincoln, shall comply fully with all provisions of federal, state, and local laws and regulations.

1.1  Applicability:  This policy applies to all faculty and staff who use pesticides at any IANR unit.

     1.1.1    Exemption:  Persons using pesticides, including experimental use pesticides, only in laboratory applications involving quantities less than 10 grams shall be exempt from the procedures set forth herein; however, such persons shall be responsible for complying fully with all applicable provisions of laws and regulations and directions for product use.

1.2  Rescission:  This publication supersedes all previously published IANR policy statements on pesticide use, pesticide waste disposal, and all such policy statements are hereby rescinded.

1.3  Incorporation of Related Guidance:    University of Nebraska-Lincoln administrators, in August, 1988, approved and adopted "Guidelines for the Safe Use of Hazardous Materials and the Disposal of Hazardous Waste." Provisions of the Guidelines are hereby incorporated into this policy.

1.4  Definitions:   For purposes of this policy statement, the terms listed in this section are defined as follows.

     1.4.1  Pesticide means 1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and 2) any substance or mixture of substances used as a plant growth regulator, defoliant, or desiccant.

     1.4.2  Restricted use pesticide means any pesticide which is labeled for purchase and use only by a certified pesticide applicator.

     1.4.3  General use pesticide means any pesticide which may be legally purchased and used by persons who are not certified.

     1.4.4  Hazardous pesticide means any pesticide appearing on the "P" and "U" lists in the federal Resource Conservation and Recovery Act (40 CFR, Sec 261.33) and in Chapter 15, Title 128, "Rules and Regulations Governing Hazardous Waste Management in Nebraska."

     1.4.5  Mixture means any combination of pesticide product, diluent, and/or any other additive prepared by an applicator for use on a site or pest.

2.0  Applicator Restrictions, Training and Certification, Monitoring

2.1  Applicator Restrictions:   As a condition of employment, any IANR employee who purchases, handles, mixes or applies any Restricted Use Pesticide must hold current, valid U.S. Environmental Protection Agency (EPA) certification in an appropriate category as a commercial pesticide applicator.

     2.1.1  Any IANR employee who purchases, handles, mixes and applies only pesticides classified by the EPA as General Use products need not be a certified commercial applicator.

          2.1.1.1    Each employee affected by provisions of paragraph 2.1.1 shall be required to participate in non certification pesticide applicator training. Such training shall include, as a minimum: provisions of the Federal Insecticide Fungicide & Rodenticide Act (FIFRA) and Nebraska state statutes, handling, mixing and application procedures, equipment calibration, signs and symptoms of pesticide poisoning, pesticide container and waste disposal procedures (including requirements for disposal of hazardous waste), and environmental impacts of pesticide use. Training shall be the responsibility of the department or unit in which the individual is employed, in coordination and cooperation with the Extension Pesticide Applicator Training Coordinator and the University Office of Environmental Health and Safety.

2.2    Chemigation Applicator Training and Certification:    Any IANR employee who applies any agricultural chemical through an irrigation system must participate in training and become qualified as a certified chemigation applicator.

2.3    Monitoring:    Suitable health monitoring, as determined by competent medical authority, is mandatory for any employee assigned duties and responsibilities that require frequent or prolonged exposure to pesticides (e.g., carbamates, organophosphates). Unit administrators shall be responsible for determining those individuals who must be monitored. Costs of such monitoring shall be the responsibility of the employing department.

3.0    Management and Supervision of Pesticide Products Usage

3.1    General:    The Director of each Research and Extension Center and the senior administrator of each other IANR department, center, facility or site where pesticides are used, shall be responsible for implementing provisions of this policy. The Director or senior administrator may delegate appropriate portions of the responsibilities set forth herein.

3.2    Responsibilities:    The Director/senior administrator shall be responsible for:

      3.2.1    Receipt and secure storage of all pesticides delivered to that unit that are intended for greenhouse, field and livestock use;

      3.2.2    Presenting orientation briefings for all IANR personnel within that unit on provisions of University and Institute policies relating to handling and use of pesticides;

      3.2.3    Ensuring that pesticide applications are performed in accordance with the product labeling and all applicable federal and state laws and regulations;

      3.2.4    Maintaining an inventory and disposition record for each Resource Conservation and Recovery Act (RCRA) listed pesticide used at that IANR unit (See 40 CFR, Sec. 261.33, and Ch. 15, Title 128, "Rules and Regulations Governing Hazardous Waste Management in Nebraska.");

      3.2.5    Managing disposal of pesticide containers and non-RCRA listed pesticides and ensuring compliance with required methods and procedures;

      3.2.6    Other duties and responsibilities as set forth herein.

4.0    Ordering, Receiving Pesticides

4.1    Ordering:    Each order (requisition) for pesticides should include: 1) name of the person(s) who will be responsible for using the product(s), 2) desired date of delivery, and 3) delivery location.

4.2    Receiving:    Pesticides delivered to the University must be accompanied by the appropriate Materials Safety Data Sheet (MSDS). A copy of the MSDS must be readily accessible to employees.

      4.2.1    If available from the manufacturer, it is desirable that experimental compounds (numbered compounds) be accompanied by a copy of the Experimental Use Permit issued by the EPA.

           4.2.1.1    Each container of experimental or demonstration chemical should be labeled or tagged to show the date received and the name of the individual responsible for its use.

           4.2.1.2    Store experimental products separately from those having full registration to avoid accidental misuses.

      4.2.2    In general, each container of pesticide received must have a complete, legible label, and when required, be accompanied by complete supplemental labeling. However, small quantities of experimental pesticides that will be used solely for laboratory evaluation may be accompanied only by a technical data sheet.

      4.2.3    Inspect all containers immediately for evidence of breaks, tears, or leaks. Damaged containers should not be accepted, but should be returned to the supplier for replacement or credit.

      4.2.4    If the pesticide will not be used immediately upon receipt, it should be delivered to, and secured in, a designated pesticide storage area.

4.3    Hazardous Pesticides Control Record:    Whenever a hazardous pesticide (See 1.4.4) is used, a Hazardous Pesticides Control record shall be established and maintained.

      4.3.1    As a minimum, the record shall include: 1) product name, 2) RCRA number, 3) concentration, 4) manufacturer, 5) quantity, 6) lot number, 7) date of manufacturer, 8) date of receipt, 9) date and site where used, 10) amount declared excess, 11) date and site excess material applied, and 12) person responsible for use of the product.

           4.3.1.1    The record shall be maintained for 36 months and then destroyed. During the period that the record is maintained, it shall be made available for inspection by the University's Hazardous Materials Safety Officer, official representatives of the Nebraska Department of Environmental Control, and the U.S. Environmental Protection Agency.

           4.3.1.2    Copies of Hazardous Pesticides Control records shall be submitted annually by October 15 to the Director of Environmental Programs and the University's Hazardous Materials Safety Officer. The Director of Environmental Programs shall be responsible for filing annually by November 1 a consolidated Hazardous Pesticides Use report with the Nebraska Department of Environmental Control.

      4.3.2    The Office of Environmental Programs is responsible for providing current hazardous pesticides lists to each IANR site having a pesticide rinsate management unit.

5.0    Storage and Security of Pesticides

5.1    Storage:    Pesticides in University inventories shall be stored in a manner consistent with labeling directions for each stored product. Store pesticides only in original containers with labeling intact and plainly visible.

      5.1.1    Store pesticides in a specially designated area that can be secured by lock and key. Store them away from food, feed, seed, fertilizers, veterinary supplies and other stored products that could become contaminated. Separate herbicides, insecticides and fungicides within the storage area. The storage area should be insulated sufficiently to protect stored pesticides from both extreme heat and freezing.

      5.1.2    Store pesticides packaged in water-permeable containers on pallets or metal shelves. Pesticides packaged in metal containers that are to be stored for a prolonged period also should be placed on pallets to help prevent potential corrosion and leakage.

5.2    Security:    Keep the pesticide storage area securely locked whenever it is not in use to prevent unauthorized access and to minimize potential for accidental exposure.

      5.2.1    Each door of the pesticide storage area shall be clearly marked with signs stating "Danger-Pesticides-Keep Out".

      5.2.2    Inspect all stored pesticides at least every 30 days for corrosion, leaks and other signs of damage or deterioration.

      5.2.3    Contents of a damaged container may be transferred to a suitable, sound container, only if the new container held the same identical product and the product labeling on the new container remains completely intact. If a container and its contents are damaged so that the contents are rendered unsuitable for use, both the container and product must be disposed of as waste. Remove damaged or leaking containers from the storage area and dispose of them in accordance with applicable regulations.

      5.2.4    Keep a supply of absorptive materials available in the storage area to use if needed in case of spills or leaks.

      5.2.5    Contact the UNL Hazardous Materials Safety Officer, Division of Environmental Health and Safety, (402) 472-2155, for guidance in the event of a pesticide leak or spill. In an emergency, contact either the chemical manufacturer or CHEMTREC for specific directions. The toll-free CHEMTREC number is: (800) 424-9300.

6.0    Handling and Applying Pesticides

6.1    General:    Each person who uses pesticides at any IANR site shall comply with labeling directions.

      6.1.1    Protective Clothing and Equipment:    Wearing/use of protective clothing and equipment specified by the product labeling is mandatory while handling, mixing, loading or applying any pesticide. Unless otherwise directed by labeling instructions, minimum protection for an IANR employee while applying a pesticide shall include: a long sleeve shirt, long legged trousers, respiratory protection, eye protection and a hat. In no case shall the protective clothing and equipment used by an applicator be less than is specified on the labeling of the product being used.

      6.1.2    Each IANR Department/Unit is responsible for providing necessary safety clothing and equipment for each person involved in using pesticides.

6.2    Fire Plan:    Smoke and vapors of some pesticides are highly toxic. Therefore, a fire safety action plan is necessary for each site where pesticides are stored. At a minimum, the plan should include provisions for: 1) periodic fire prevention inspections, 2) alerting the nearest fire department in the event of a fire, 3) evacuation of personnel and/or animals from the area as necessary, 4) notification of personnel downwind from the fire; and 5) containment of water to prevent surface and/or ground water contamination.

6.3    Transporting Pesticides:    Whenever pesticides are transported in a bulk tank, be certain to label the tank properly. Secure the tank on the vehicle bed before moving it and comply fully with all applicable U.S. Department of Transportation and Nebraska Department of Roads rules and regulations pertaining to chemical transport. Be cautious when transporting because material moving in a tank can increase the probability of an overturn accident.

6.4    Posting:    Whenever required by pesticide labeling directions or applicable federal, state or local laws and regulations, fields and/or other affected facilities shall be posted with signs prohibiting re-entry for an appropriate period. Signs are to be removed at the end of the required exclusion period.

6.5    Calibration:    Inspect application equipment for serviceability, maintain as necessary and calibrate before each use.

6.6    Post-application Equipment Maintenance:    Clean application equipment as necessary after use. Dispose of any washdown water in accordance with guidelines in paragraph 7.

7.0    Procedures for Disposing of Pesticides, Rinsate and Pesticides Containers

7.1    General:    IANR pesticides users shall comply with labeling directions for pesticide and pesticide container disposal. The U.S. Environmental Protection Agency has determined that provisions of the "farmers exemption" to the Resource Conservation and Recovery Act apply to the University of Nebraska. Therefore, pesticide waste, including waste from RCRA regulated hazardous pesticides (See 1.4.4), can be disposed of on farm land the University owns, rents or leases and operates. Pesticides to be disposed of should be applied to a site specified by the product labeling. Do not exceed label specified application rates. Avoid endangering wildlife and contaminating either surface or ground water sources. (NOTE: The "farmers exemption" applies to both pesticide residues and containers. See paragraph 7.5 for guidance on container disposition.)

      7.1.1    Regardless of quantity and concentration, excess pesticide mixtures, concentrates and rinsates containing any RCRA regulated pesticide or experimental use pesticide cannot be introduced into any University pesticide rinsate management unit. Any RCRA regulated pesticide that is not used in accordance with paragraph 7.3.1.1, and all experimental use pesticides shall be considered toxic substances and turned over to the University Division of Environmental Health and Safety (402) 472-2155 for disposal at a licensed toxic substance disposal facility.

      7.1.2    Disposing of pesticide rinsate or waste on roadways, in roadside ditches, stream banks or other unauthorized locations is strictly prohibited. (Note: Right-of-way application is acceptable if the product applied is labeled for such use and the application does not exceed label specified application rates.)

7.2    Pesticide Rinsate Management Units

      7.2.1    A current list of RCRA regulated pesticides (the "P" and "U" lists from 40 CFR, Sec. 261.33) shall be posted at each pesticide rinsate management unit. Consult the list before washing down any equipment to ensure that a listed pesticide is not introduced into the unit. If there is a question whether a product is a RCRA regulated pesticide, contact either the Office of Environmental Programs or the University Division of Environmental Health and Safety before proceeding to introduce materials into the rinsate management unit.

      7.2.2    Inspect rinsate management units at least monthly for structural defects. Promptly repair any faults detected to ensure safety and prevent unreasonable adverse effects on the environment.

           7.2.2.1    Establish and maintain an inspection record showing, at a minimum, name of the individual conducting the inspection, date of inspection, and any defects noted. Retain inspection records on file for three years after the date of the last inspection, then destroy.

      7.2.3    Do not allow sludge to accumulate in the pesticide rinsate management unit and do not allow a unit to overflow. Evacuate (i.e., pump out) the unit as necessary and compost the evacuated material thoroughly to ensure maximum biodegradation. Field apply the residue when composting is complete. (Note: If liquid and/or sludge in the rinsate management unit contains any hazardous waste it can not be composted. The total contents of the unit must be regarded as hazardous waste and disposed of accordingly. As noted in paragraph 7.1.1, RCRA regulated pesticides may not be introduced into any rinsate management unit; presence of a hazardous pesticide in a rinsate management unit constitutes a major violation of RCRA.)

      7.2.4    A log shall be established at each pesticide rinsate management unit on which each user shall record the following information: 1) user's name, 2) date, 3) item(s) of equipment washed down, 4) trade name(s) or common name(s) of the pesticide(s) introduced into the unit, 5) estimated volume of rinsate introduced into the management unit.

7.3    Disposal of Pesticide Mixtures, Concentrates and Rinsates:

      7.3.1    In order of preference, excess pesticide mixtures (See 1.4.5) and rinsate, except those containing any RCRA regulated pesticide or experimental use pesticide, should be: applied to a listed site in accordance with label directions; or introduced into a pesticide rinsate management unit.

            7.3.1.1    Rinsates resulting from proper preparation of containers for disposal should be placed into the applicator tank and applied to a site and pest in accordance with labeling recommendations.

            7.3.1.2    Rinsates of all pesticides except RCRA regulated pesticides and experimental use pesticides may be introduced into IANR pesticide rinsate management units.

      7.3.2    Disposal of Pesticide Concentrates and Other Pesticide Products

            7.3.2.1    Small quantities of undiluted (concentrated) liquid pesticides, except RCRA regulated pesticides and experimental use pesticides, may be introduced into a pesticide rinsate management unit. However, in all cases, application according to label directions is the preferred method.

            7.3.2.2    Return unused experimental (numbered) or unlabeled compounds directly to the manufacturer/source from which they were received.

            7.3.2.3    Ear tag pesticide products should be removed when expended or prior to slaughter and disposed of in a sanitary landfill or by incineration.

7.4    Disposal of Empty Pesticide Containers

      7.4.1    General: Guidelines for handling and disposal of empty pesticide containers are as follows:

            7.4.1.1    Follow labeling instructions for pesticide container disposal.

            7.4.1.2    Do not reuse a pesticide container for any purpose other than that for which it was originally intended.

            7.4.1.3    Dispose of empty pesticide containers regularly rather than letting them accumulate. If empty containers must be stored temporarily, use the same precautions as in storing pesticides.

      7.4.2    Dispose of combustible containers, except plastic containers, through one of the following methods:

            7.4.2.1    Burn small quantities (50 lbs. or one day's accumulation, whichever is less) if burning is recommended by the pesticide manufacturer and if permitted by local ordinances.

            7.4.2.2    Arrange for disposal through the University Office of Environmental Health and Safety (402) 472-2155.

      7.4.3    Noncombustible and plastic containers should first be triple rinsed or pressure rinsed, then disposed of through one of the following methods:

            7.4.3.1    Whenever possible, return containers to the pesticide manufacturer or formulator, or drum reconditioner for reuse.

            7.4.3.2    Other rinsed metal and plastic containers should be punctured to prevent reuse, then transported to a recycling facility.

            7.4.3.3    Triple rinsed or pressure rinsed containers are considered to be ordinary solid waste; as such they may be crushed and buried in a landfill, if permissible under provisions of local ordinances.

      7.4.4    Unrinsed empty containers are considered to be a hazardous waste and must be disposed of only at a hazardous waste disposal facility. Arrangements for disposal of unrinsed pesticide containers must be made through the University's Office of Environmental Health and Safety, (402) 472-2155; and the Waste Recovery Section, Nebraska Department of Environmental control, Box 98922, Statehouse Station, Lincoln, NE 68509; telephone (402) 471-2186.

      7.4.5    Combustible and noncombustible containers which formerly contained organic mercury, lead, cadium or arsenic or inorganic pesticides must be handled with special precautions as the pesticides packaged in them are extremely hazardous and persistent. Arrangements for disposal of such containers must be made through the University's Office of Environmental Health and Safety, (402) 472-2155 in coordination with the Land Quality Division, Nebraska Department of Environmental Control, (402) 471-4210.

8.0    Disposal of Edible Plant and Animal Products Which May Contain Residues for Which No Pesticide Tolerances are Established or Which Exceed Established Tolerances.

8.1    Ensure that plant or animal products treated with nonregistered pesticides or pesticides for which specific tolerances have not been established do not enter the market place or are otherwise used in any manner that might affect human or animal health. Any plant or animal products containing pesticide residues above established tolerances for any given pesticide also must be withheld from market and/or consumption.

8.2    Disposal by Burial:    Plant and animal products containing biodegradable pesticides may be buried on University property. The concentrations of grain, animal products and/or pesticide should not be such that extremely long periods of time are required for decomposition. Depth of burial should be adequate to cover the products with at least two feet of soil and made in a location which will prevent contamination of ground water and endangerment of wildlife.

8.3    Disposal by Incineration:    If it is necessary to incinerate contaminated plant or animal products, contact the University's Office of Environmental Health and Safety, (402) 472-2155, to make arrangements.

9.0    Disclaimers in Research Reports

9.1    Each scientist who publishes and/or distributes any publication containing data or information on nonregistered pesticides or pesticide use practices shall include the following statements in that publication:

Commercial companies are mentioned in this publication solely for the purpose of providing specific information. Mention of a company does not constitute a guarantee or warranty of its products by the Agricultural Research Division, University of Nebraska-Lincoln, or an endorsement over products of other companies not mentioned.

This publication reports research involving pesticides. It does not contain recommendations for their use, nor does it imply that the uses discussed herein have been registered. All uses of pesticides must be registered by appropriate federal and state agencies before they can be recommended.

9.2    In any oral presentations to the general public which contain information or nonregistered pesticides or pesticide use practices not registered, a statement shall be made that it is against federal law to use a registered pesticide in any manner inconsistent with its labeling.

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