(1)  The department or its designated agent may conduct outreach and educational activities to inform the public about the functions of the disposal program and may conduct these activities in cooperation with the Montana state university extension service, local governments, the contractor(s)  and others.

(2)  The department may target the operational activities of the disposal program to regions or areas within the state during each fiscal year.

(3)  Collection site(s)  shall be selected by the contractor.

(4)  The department will establish minimum criteria for a site to qualify as a collection site.

(5)  The department establishes the following procedures for disposal of acceptable pesticides.

(a)  Persons intending to participate in the disposal program must make application to the department or the department designee on forms provided by the department. Information provided on the form must include but is not limited to:

(i)  brand name of the pesticide if present on label or known;

(ii)  active ingredient of the pesticide if present on label or known;

(iii)  EPA registration number or the United States department of agriculture (USDA)  registration number, if present;

(iv)  quantity of each pesticide;

(v)  container size, composition, condition;

(vi)  applicant's name, address and telephone number.

(b)  Persons who submit applications to the program must receive written approval from the department or the department designee to participate in the program.

(c)  Prior to the collection day, the department shall provide the participant with a form listing the acceptable pesticides approved for disposal. This form will serve as a bill of lading and must be in the possession of the participant during transport of the acceptable pesticides to the collection site. This form will also serve to transfer ownership of the pesticide(s)  from the participant to the contractor by a pesticide product release statement on the form.

(d)  Participants in the disposal program must transport acceptable pesticide products to the collection site according to the Montana Pesticides Act and United States department of transportation regulations.

(e)  A participant may assign a designee to transport the participant's acceptable pesticides to the collection site only if the designee is approved by the department during preregistration.

(f)  Ownership of acceptable pesticides approved for disposal will be transferred from the participant to the contractor at the collection site.

(6)  The department establishes the following procedures for recycling of pesticide containers.

(a)  Persons intending to participate in the disposal program for the purpose of recycling pesticide containers must make application to the department on forms provided by the department. Information provided on the form must include but may not be limited to:

(i)  brand name of the pesticide if present on label or known;

(ii)  active ingredient of the pesticide if present on label or known;

(iii)  EPA registration number or United States department of agriculture registration number, if present;

(iv)  number and size of each pesticide container;

(v)  container composition;

(vi)  applicant's name, address and telephone number.

(b)  Recyclable pesticide containers must be rinsed according to label directions as addressed in the code of federal regulations (40 CFR 156.10)  .

(c)  The contractor shall inspect each container. The contractor must not accept any container that in the judgement of the contractor has any visible residue.

(d)  A form completed by the department following review of the participant's application will list containers approved for recycling under the disposal program. A copy of this form will be returned to the participant and must be in the participant's possession during transport of the containers to the collection site and must be provided to the contractor at the collection site.

(7)  The department establishes the following procedures for the exchange of exchangeable pesticides:

(a)  a pesticide may be exchanged or transferred from one person to another for the purpose of using the pesticide according to label directions.   The pesticide offered for exchange must be:

(i)  registered or meet provisions of 80-8-201(9)  (a)  or (b)  , MCA; and

(ii)  in the original, labeled, unopened sealed container.

(b)  owners of exchangeable pesticides must apply to the department or department designee and provide information on a department form according to ARM 4.10.1804(5)  (a)  ;

(c)  persons wanting to receive exchangeable pesticides must provide their name, address, telephone number and pesticides wanted to the department.   Persons wanting pesticides classified as restricted use must be licensed to use restricted use pesticides by the department;

(d)  the department or department designee will match donors to users;

(e)  transfer of ownership of exchangeable pesticides may occur during scheduled pesticide disposal collections or through other arrangements approved by the department.

(f)  the department may require the pesticide offered for exchange to be analyzed for label claim.