§ 128b.10. Responsibilities of applicant or participant.
(a) Generally. An applicant or participant is responsible for the safe storage of pesticides held, owned or possessed by the applicant or participant. This exclusive responsibility does not lapse with the filing of a preregistration application, with an inspection of the pesticide or pesticide storage area or with the notice of acceptance of the pesticide for disposal through the Program as described in § 128b.15 (relating to notification of participants). Action by the Department does not relieve the applicant or participant of the responsibility to store pesticides in a safe and lawful manner. With respect to central-site pesticide collection, the participant shall retain sole responsibility for the safe transport of pesticides and for the cleanup, if necessary, of the site at which the pesticide was stored. With respect to onsite pesticide collection, the contractor is responsible for the cleanup, if necessary, of the site at which the pesticide was stored. The contractor is responsible for property damage, personal injuries and the cleanup of spills or other contamination which it causes. The contractor will not be responsible for the clean up of any areas outside of the site at which the pesticides are stored.
(b) Right to withdraw. An applicant or participant may withdraw from the Program at any time.
Authority The provisions of this § 128b.10 amended under section 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
Source The provisions of this § 128b.10 amended June 30, 2006, effective July 1, 2006, 36 Pa.B. 3231. Immediately preceding text appears at serial pages (279360) to (279361).
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