(a) No person may dispose of, discard, or store any pesticide or pesticide container in a manner that may cause or result in injury to humans, vegetation, crops, livestock, wildlife, pollinating insects, or pollution of any water supply or waterway.
(b) Pesticides intended for distribution or sale must be displayed or stored within an enclosed building or fenced area, and may not be displayed on sidewalks, parking lots, or similar open areas without surveillance.
(c) Bulk storage tanks, when not enclosed in a secured fenced area or a building, must have a lock on the dispensing device.
(d) Pesticides in leaking, broken, corroded, or otherwise unsafe containers, or with illegible labels shall not be displayed or offered for sale. Such containers shall be removed from display areas and segregated from other pesticides for distribution to prevent environmental contamination or health and safety hazards prior to proper disposal or return to manufacturer.
(e) Pesticide containers, concentrates, spray mixes, container rinsates, and/or spray system rinsates that are to be discarded shall be disposed of in accordance with pesticide label directions and in accordance with the provisions of the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361.
(f) The applicator, the owner of the pesticide, and/or the person in control of the mixing site shall be jointly and severally liable for proper storage and disposal of pesticide containers and contents.
Source Note: The provisions of this §7.34 adopted to be effective December 4, 1997, 22 TexReg 11652.