While at the work site, wastes must be collected at the conclusion of each work day and at the conclusion of the renovation and stored under containment, in an enclosure, or behind a barrier that prevents release of dust and debris out of the work area and prevents access to dust and debris.

Similarly, while transporting the waste out of the work site for disposal or storage, waste must be contained to prevent releases of dust and debris.

Finally, contractors may dispose of lead-containing wastes from residential renovations in a municipal solid waste landfill (MSWLF) or a municipal solid waste combustor. Dumping and open burning of residential lead-based paint waste is not allowed.

Note: As a general matter, all debris, paint chips, dust, and sludges that exceed the toxicity characteristic regulatory limit of five mg/L lead in the waste leachate are considered “hazardous” and subject to more stringent RCRA hazardous waste management and disposal requirements. However, pursuant to 40 65 CFR 261.4(b)(1), household wastes (i.e., those derived from households) are excluded from the universe of RCRA hazardous wastes. In 2000, EPA issued a memorandum clarifying that the household hazardous waste exclusion applies to waste generated by either contractors or residents performing leadbased paint activities (abatement) or renovations in residences. Wastes from non-residential renovations may still be subject to RCRA hazardous waste requirements.

Question Number: 23002-33375

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