C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 265—INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I—Use and Management of Containers

40 C.F.R. § 265.173

Management of containers

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(a) A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

(b) A container holding hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak.

[Comment: Re-use of containers in transportation is governed by U.S. Department of Transportation regulations, including those set forth in 49 CFR 173.28.][45 FR 33232, May 19, 1980, as amended at 45 FR 78529, Nov. 25, 1980]
Notes of Decisions
Cited in 1 case, 1988–1988 · leading case: United States v. Clow Water Sys., a Div. Of Mcwane, Inc., 701 F. Supp. 1345 (S.D. Ohio 1988).
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United States v. Clow Water Sys., a Div. Of Mcwane, Inc., 701 F. Supp. 1345 (S.D. Ohio 1988). “171 and the CAFO, and failed to assure that the containers were always kept closed except when necessary to add or remove waste, in violation of 40 C.F.R. § 265.173 and the CAFO. Plaintiff also alleges that Clow violated 40 C.”
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