80-8-111. Waste pesticide and pesticide container collection, disposal, and recycling program. (1) The department shall establish a waste pesticide and pesticide container collection, disposal, and recycling program. The program must be funded by license, permit, and special fees designated for that purpose in this chapter. The department may also establish waste pesticide and pesticide container fees and accept grants, gifts, and other funds to finance this program.
     (2) The department may cooperate and contract with a person to conduct and manage the waste pesticide and pesticide container collection, disposal, and recycling program.
     (3) (a) The department shall establish a collection program for waste pesticides and pesticide containers. In order to participate in this program, a person shall:
     (i) notify the department in advance of the type and amount of waste pesticide or pesticide containers that will be delivered for collection; and
     (ii) deliver the waste pesticide or pesticide containers for collection by the department at a time and location designated by the department.
     (b) A person may not be subject to an administrative or judicial penalty or action under this chapter as a result of participation in the waste pesticide or pesticide container collection, disposal, and recycling program pursuant to this section.
     (4) The department may designate types of waste pesticides or pesticide containers that it will not collect for disposal and recycling under this program.
     (5) The department shall provide pesticide applicators, dealers, and operators who participate in the waste pesticide and pesticide container collection, disposal, and recycling program and who are subject to a license or permit fee under 80-8-203, 80-8-205, 80-8-207, 80-8-209, or 80-8-213 with a credit against the fees levied pursuant to 80-8-105(2)(s), provided that:
     (a) the credit does not exceed the amount of the license or permit fee paid by the applicator, dealer, or operator under 80-8-203, 80-8-205, 80-8-207, 80-8-209, or 80-8-213; and
     (b) each applicator, dealer, or operator may receive only one credit for each permit or license period.
     (6) The department shall consult affected local governments before implementing the collection program under this section.

     History: En. Sec. 2, Ch. 51, L. 1991; amd. Sec. 2, Ch. 465, L. 1993; amd. Sec. 290, Ch. 42, L. 1997.