40 C.F.R. § 265.17

General requirements for ignitable, reactive, or incompatible wastes

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(a) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to: Open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specially designated locations. “No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(b) Where specifically required by other sections of this part, the treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, must be conducted so that it does not:

(1) Generate extreme heat or pressure, fire or explosion, or violent reaction;

(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;

(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(4) Damage the structural integrity of the device or facility containing the waste; or

(5) Through other like means threaten human health or the environment.

Notes of Decisions
Cited in 3 cases, 1983–1993 · leading case: United States (EPA) v. Env't Waste Control, Inc., 710 F. Supp. 1172 (N.D. Ind. 1989).
United States (EPA) v. Env't Waste Control, Inc., 710 F. Supp. 1172 (N.D. Ind. 1989). · cites it 3× “STOP contends that EWC violated 40 C.F.R. § 265.17 (a) 67 and 40 C.F.R. § 265.”
Missouri Dep't of Nat. Resources v. Valley Steel Prods. Co. (In Re Valley Steel Prods. Co.), 157 B.R. 442 (Bankr. E.D. Mo. 1993). “94, 40 C.F.R. 265.17 through 265.120 and 40 C.”
Opinion No. (1983) (Mo. Att'y Gen. 1983). “050 (4)(C)1 and 2 which together prohibit placing incompatible wastes and materials in a tank without complying with special requirements identical to 40 CFR 265.17 (b). Section 265.192(b) is met by 10 CSR 25-7.”
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