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Hazardous Waste
N/A
14
Law
Professional
12/13/2009

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Term
RCRA is a comprehensive environmental statute that ___
Definition
empowers EPA to regulate
hazardous wastes from cradle to grave, in accordance with the rigorous safeguards
and waste management procedures of Subtitle C, 42 U.S.C. §§ 6921-6934
Term
The objective of RCRA is to
Definition
promote protection of health and the environment and to conserve valuable material and energy resources
Term
In passing RCRA, Congress expressed concern over ___
Definition
The rising tide of scrap, discarded, and waste materials
Term
Two major parts of RCRA
Definition
Non-hazardous solid waste management and hazardous waste management (EPA only promulgated regulations establishing a comprehensive management system
Term
EPA's jurisdiction is limited to solid waste because
Definition
hazardous waste is defined as a subset of solid waste.
Term
Definition of hazardous waste
Definition
a solid waste, or combination of solid wastes,
which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may - (A) cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapacitating reversible,
illness; or (B) pose a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported, or disposed of, or
otherwise managed." RCRA § 1004(5), 42 U.S.C.A. § 6903(5)
Term
Definition of solid waste
Definition
"any garbage, refuse, sludge from a
waste treatment plant, water supply treatment plant, or air pollution control facility
and other discarded material, including solid, liquid, semisolid, or contained
gaseous material ...." [FN4] RCRA § 1003(27), 42 U.S.C. § 6903(27)
Term
Definition of discarded material
Definition
"Discarded material"
is defined in the regulations as including materials that are "Abandoned" or
"Recycled," as further explained in the regulations. [FN5] 40 C.F.R. § 261.2(a)(2)
Term
Definition of abandoned
Definition
The regulatory definition of "Abandoned" is as follows: "Materials are solid
waste if they are abandoned by being: (1) Disposed of; or (2) Burned or incinerated;
or (3) Accumulated, stored, or treated (but not recycled) before or in lieu
of being abandoned by being disposed of, burned, or incinerated."
Term
American Mining Congress
Definition
Environmental Protection Agency exceeded scope of its jurisdiction to regulate “solid waste,” statutorily defined as “discarded material,” by including material destined for reuse in industry's ongoing production process; plain language of statute did not encompass materials retained for immediate reuse, and legislative intent, to deal with problems of solid waste disposal, indicated that Congress was using term “discarded” in its ordinary sense. Solid Waste Disposal Act, § 1004(27), as amended, 42 U.S.C.A. § 6903(27).
Term
Hazardous wastes must be treated ___ being land disposed
Definition
Before
Term
In a land treatment facility, the treatment of hazardous waste occurs ___
Definition
Only after the waste has been disposed
Term
Solid wastes are considered hazardous if they possess one of four characteristics
Definition
ignitability, corrosivity, reactivity, and toxicity
Term
Disposal of hazardous waste is forbidden unless the waste is
Definition
treated to reduce its hazardous constituents or stored in a manner ensuring that the hazardous constituents will not migrate from the disposal unit
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