Arsenic-contaminated plants that are generated at a home may qualify for the household hazardous waste exclusion in 40 CFR §261.4(b)(1) if the contamination results from normal household activities, such as the residential use of CCA-treated wood or pesticide. However, if contamination results from significant arsenic sources other than household activities (e.g., industrial or mining activities), the household hazardous waste exclusion is not applicable (Memo, Springer to Ferguson; June 23, 2003 (RCRA Online #14673)).
These memoranda are available in the at the RCRA Online database.
Is household plant material contaminated with arsenic a hazardous waste?
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