40 C.F.R. § 261.30
General
(a) A solid waste is a hazardous waste if it is listed in this subpart, unless it has been excluded from this list under §§ 260.20 and 260.22.
(b) The Administrator will indicate his basis for listing the classes or types of wastes listed in this subpart by employing one or more of the following Hazard Codes:
| Ignitable Waste | (I) |
| Corrosive Waste | (C) |
| Reactive Waste | (R) |
| Toxicity Characteristic Waste | (E) |
| Acute Hazardous Waste | (H) |
| Toxic Waste | (T) |
(c) Each hazardous waste listed in this subpart is assigned an EPA Hazardous Waste Number which precedes the name of the waste. This number must be used in complying with the notification requirements of Section 3010 of the Act and certain recordkeeping and reporting requirements under parts 262 through 265, 267, 268, and 270 of this chapter.
(d) The following hazardous wastes listed in § 261.31 are subject to the generator category limits for acutely hazardous wastes established in table 1 of § 262.13 of this subchapter: EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026 and F027.
Notes of Decisions
Cited in 15
cases, 1981–2012 · leading case: United States v. Cunningham, 194 F.3d 1186 (11th Cir. 1999).
United States v. Cunningham, 194 F.3d 1186 (11th Cir. 1999). “1 Second, they suspected that it might be a “listed waste” under 40 C.F.R. § 261.30 -.31. 2 Cunningham contended that RD-344 was *1191 not a solid waste, and therefore not a hazardous waste, because he recycled the material.”
Aiello v. Town of Brookhaven, 136 F. Supp. 2d 81 (E.D.N.Y 2001). “As for the three chemicals which did contaminate the pond and creek — ammonia-N, iron and manganese — -none has been listed by the EPA as a hazardous waste, see 40 C.F.R. §§ 261.30 to 261.38 Apps. VII, VIII, or as exhibiting any of the requisite four hazardous waste…”
United States v. Union Corp., 259 F. Supp. 2d 356 (E.D. Pa. 2003). ““Certain wastes have been listed by the EPA as hazardous pursuant to 40 C.F.R. § 261.30 .” Remington Arms Co., 989 F.”
United States (EPA) v. Env't Waste Control, Inc., 710 F. Supp. 1172 (N.D. Ind. 1989). “These substances are hazardous wastes or hazardous waste constituents within the meaning of 40 C.F.R. § 261.30 et seq. Based on the evidence presented at trial, the court concurs with the Administrator’s finding.”
O'LEARY v. Moyer's Landfill, Inc., 523 F. Supp. 642 (E.D. Pa. 1981). “31 Hazardous wastes are listed at 40 C.F.R. § 261.30 et seq., 45 Fed.Reg. 33084, 33122 (May 19, 1980), and include the carcinogens found to be escaping in the landfill’s leachate, see supra at 653.”
Forest Park Nat'l Bank & Trust v. Ditchfield, 881 F. Supp. 2d 949 (N.D. Ill. 2012). “40 C.F.R. § 261.30 (c). . U.S. Bancorp, as successor trustee to Trust Numbers 12861 and 31081, is also a named Defendant in this law suit.”
Hernandez v. Esso Stand. Oil Co.(Puerto Rico), 599 F. Supp. 2d 175 (D.P.R. 2009). “Esso does not dispute that gasoline that leaks into soil can create RCRA solid waste, hut argues that such waste is not classified as “hazardous” unless it has been listed by the EPA as hazardous, pursuant to 40 C.F.R. § 261.30 , or unless the waste exhibits any of the…”
United States v. Conservation Chem. Co. of Illinois, 733 F. Supp. 1215 (N.D. Ind. 1989). “See 40 C.F.R. § 261.30 (a); § 261.32, Haz. Waste No.”
People v. Roth, 129 Misc. 2d 381 (1985). “4 [a]-[d]) copy the Federal list set forth in 40 CFR 261.30 through 261.33. On the other hand, subdivision (e) of the State list added "Wastes containing polychlorinated biphenyls” (PCB’s) specifically enumerating 11 such substances although these were not listed as hazardous…”
Connecticut Coastal Fishermen's Ass'n v. Remington Arms Co., 989 F.2d 1305 (2d Cir. 1993). “Certain wastes have been listed by the EPA as hazardous pursuant to 40 C.F.R. § 261.30 . Alternatively, a waste is considered hazardous if it exhibits any of the characteristics identified in 40 C.”
California v. M & P INVESTMENTS, 308 F. Supp. 2d 1137 (E.D. Cal. 2003). “In addition to the statutory definition of hazardous wastes, “[c]ertain wastes have been listed by the EPA as hazardous pursuant to 40 C.F.R. § 261.30 . Alternatively, a waste is considered hazardous if it exhibits any of the characteristics identified in 40 C.”
AL TECH SPECIALTY STEEL Corp. v. United States Env't Prot. Agency, 674 F. Supp. 72 (N.D.N.Y. 1987). “The hazardous content of the leachate is undisputed as it is derived from emission control dust, and baghouse bags, a listed hazardous waste known as “K061" under 40 C.F.R. § 261.30 and 6 N.Y.C.R.R. § 371.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.