(1) A licensee must
store, manage, and dispose of solid and liquid waste generated during marijuana
production and processing in accordance with applicable state and local laws
and regulations.
(2) A licensee
must store marijuana waste in a secured waste receptacle in the possession of
and under the control of the licensee.
(3) Waste that must be rendered unusable
prior to disposal includes:
(a) marijuana
plant waste, including roots, stalks, leaves, and stems that have not been
processed with solvent;
(b) waste
solvents used in the marijuana process;
(c) spent solvents, laboratory waste, and
excess marijuana from any quality assurance testing; and
(d) marijuana items that ultimately fail to
meet testing requirements.
(4) The allowable method to render a
marijuana item unusable is by grinding (for solids) and incorporating or
absorbing (for liquids) the marijuana item with other ground materials so the
resulting mixture is undesirable, unrecognizable, unfit for human use, and
incapable of growth or germination. For whole marijuana plants, the resulting
mixture must be at least 50 percent nonmarijuana waste by volume.
(5) For purposes of this rule, "use"
includes, but is not limited to, ingestion, inhalation, topical application,
processing, or remediation.
(6)
Nonhazardous marijuana waste shall be disposed of as follows:
Marijuana Item
|
Destruction Method
|
Disposal Method
|
Marijuana plants
|
Mix with yard debris, wood chips, sawdust, soil,
manure, vegetable-based grease or oils, other wastes
|
Compost or anaerobic digester, if available, off
site
|
Usable marijuana
|
Mix with yard debris, wood chips, sawdust, soil,
manure, vegetable-based grease or oils, other wastes
|
Landfill, transfer station, or incinerator, if
composing not available or feasible
|
Liquid concentrate, extracts, or infused
products
|
Absorb in cat litter, slack lime, soil, or similar
substance
|
Landfill, transfer station, or incinerator
|
Solid concentrate, extracts, or infused
products
|
Mix with soil, slack lime, garbage, or similar
substance
|
Landfill, transfer station, or incinerator
|
(7)
Marijuana testing laboratories, marijuana manufacturers, and other licensees
that generate hazardous waste shall follow all applicable rules and regulations
for the disposal of hazardous waste, including ARM
17.53.105 and
17.53.113.
Licensees need to contact the Department of Environmental Quality Hazardous
Waste Program for assistance.
(8) A
licensee must maintain accurate and comprehensive records regarding waste
material in the seed-to-sale tracking system that accounts for, reconciles, and
evidences all waste activity related to the disposal of marijuana to include:
(a) what was disposed;
(b) quantity by weight or volume;
(c) date disposed;
(d) video evidence of disposal to be retained
for 30 days; and
(e) reason for the
disposal.
(9) A licensee
must provide a minimum of 72 hours' notice in the seed-to-sale tracking system
prior to rendering the marijuana item unusable and disposing of it.
(10) After the expiration of the 72-hour
period in (9), a licensee may dispose of marijuana waste other than usable
marijuana as defined in 16-12-102, MCA, without rendering it unusable pursuant
to (3) by releasing it to a third-party contractor to render it unusable. A
licensee must provide the department with a copy of the waste removal agreement
with the third-party contractor before commencing services and must maintain
the contract in the binder of documents required by ARM
42.39.105(6). The
third-party contractor may process marijuana stalks and stems into
non-marijuana products or otherwise render the marijuana stalks and stems
unusable.