Lead Paint Contaminated Debris

Disposal Guidelines

The Department of Environmental Management's Offices of Compliance & Inspection and Waste Management have determined that manually or mechanically removed lead paint and lead painted wood removed from households fall under the definition of household waste, as defined in the federal hazardous waste regulations which are referenced in DEM's hazardous waste regulations. As such, it is exempt from the state hazardous waste regulations, so long as the following conditions are met:

1. The exemption applies only to material generated by manual or mechanical removal at households. Material generated at commercial or industrial property must be properly characterized by the generator per the Rules and Regulations for Hazardous Waste Management. This characterization can be based on laboratory analysis for TCLP lead (and other factors, in the event chemical strippers are used), or on knowledge of the material.

2. Manually or mechanically removed lead paint and lead painted wood from households may be disposed at any licensed solid waste disposal facility. However, under the hazardous waste regulations, this material must be sent directly to such a facility; if it is taken to an intermediate location, then that facility would be considered to be a generator of hazardous waste. Arrangements should be made to properly contain the material to avoid recontamination, and to take the material directly to a licensed solid waste landfill. No special transporter permit is required by the Department for transportation of this material.