1. (a) Farmers who dispose of hazardous waste pesticides from their own use shall be exempt from this chapter provided they triple rinse each emptied pesticide container in accordance with Env-Hw 401.03(d)(3) and dispose of the pesticide residues on their own farm in a manner consistent with the disposal instructions on the pesticide label.

2. (b) A generator of household hazardous waste, as specified in Env-Hw 501.01(k), shall comply with the independent requirements and conditions for exemption applicable to its generator category, except as follows:

   1. (1) The packaging, manifest, and delivery requirements of Env-Hw 507.03(a), Env-Hw 510, and Env-Hw 511, respectively, shall not apply to government entities transporting household hazardous wastes to a household hazardous waste collection project, a permitted transfer facility, or a permitted treatment, storage or disposal facility, provided:

      1. a. The government entity has obtained prior approval from the household hazardous waste collection project, transfer facility, or treatment, storage or disposal facility receiving the wastes;
      2. b. The household hazardous wastes being managed have been separated by US DOT hazard class, as specified in 49 CFR 177.848 (b), (c), (d), and (e), prior to transport;

      3. c. The household hazardous wastes being managed have been:

         1. 1. Loose-packed or over-packed in containers meeting US DOT specifications for hazardous materials, as defined in 49 CFR 178; or
         2. 2. Packaged in strong outer packaging, as defined in 49 CFR 171.8, if the waste is in its original container and less than 8 gallons;

      4. d. The containers or strong outer packaging required by (b)(1)c., above, have been labeled with the following information:

         1. 1. US DOT hazard classes as specified in 49 CFR 173.2;
         2. 2. Date the waste was collected; and
         3. 3. Name of the original government entity that collected the waste;
      5. e. Each container has been sealed and secured for transport in a manner that prevents leakage, spillage, and releases to the environment;

      6. f. The wastes are transported only in a vehicle that is:

         1. 1. Owned and registered by a government entity; and
         2. 2. Operated by a government entity employee;
      7. g. During transport, the government employee transporting the wastes retains a bill of lading describing the contents of the vehicle;
      8. h. Each individual who transports 55 gallons or more of household hazardous wastes has had a minimum of 24 hours of initial training in function-specific hazardous waste handling, safety, hazard communication, and emergency procedures and 8 hours of annual refresher training; and
      9. i. The receiving facility counts the waste toward its generator status in accordance with Env-Hw 503; and
   2. (2) Env-Hw 507, Env-Hw 508, Env-Hw 509, Env-Hw 511, and Env-Hw 513 shall not apply to transporters while they are collecting only curbside household hazardous wastes.
3. (c) This chapter shall not apply to any person responding to an explosives or munitions emergency in accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv), 40 CFR 265.1(c)(11)(i)(D) or (iv), and 40 CFR 270.1(c)(3)(i)(D) or (iii), as applicable.
4. (d) A generator that manages all hazardous waste in accordance with Env-Hw 503.01(b) through (d), and as a result generates no waste that counts toward generator classification, shall not be subject to the requirements in Env-Hw 500 except those specified in Env-Hw 501, Env-Hw 502, and Env-Hw 503.01.
5. (e) Except as otherwise specified in Env-Hw 1300, this chapter shall not apply to a reverse distributor that complies with Env-Hw 1300 for the management of hazardous waste pharmaceuticals.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; amd by #10494, eff 1-1-14; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35