40 C.F.R. §261.2 - Definition of solid waste
| Cite as | 40 C.F.R. §261.2 |
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118 cases
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United States v. Chemetco, Inc.
...Materials pursuant to the approved Process Work Plan, which is discarded and not excluded from the definition of Solid Waste under 40 CFR § 261.2. Process Waste may include Solid Waste, Hazardous Waste, Hazardous Substances, and process waters. Process Waste Staging Area shall mean the area......
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Idaho Dep't of Envtl. Quality v. Gibson, Docket No. 46217
...Gibson had a use for that substance.Gibson argues that the district court erred in failing to rule "the RCRA, 40 CFR 261.4(b)(2), and 40 CFR 261.2(e) exclude organic recyclable substances from ‘solid waste.’ He claims that the RCRA excludes "organic substances" used as a direct ingredient t......
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CONNECTICUT COASTAL FISHERMEN ASSOC. v. Remington Arms Co., Civ. No. B-87-250 (EBB).
...further define discarded material as any material which is either: 1) abandoned; 2) recycled; or 3) considered inherently waste-like. 40 C.F.R. § 261.2(a). Both parties agree that the activities at Lordship Point should be assessed as to whether they fit the "abandoned" definition of discar......
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US v. Eastern of New Jersey, Inc., Civ. A. No. 90-3809.
...EPA ordinarily places the burden of proving an exemption from regulation on the party seeking the exemption. Def. Brief at 11 (citing 40 C.F.R. § 261.2(f)19). Eastern, however, contends it is not seeking exemption from regulation. Rather, it contends it is merely seeking to be regulated und......
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8 books & journal articles
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Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Pollutant' Element of the Federal Water Pollution Offense
...42 U.S.C. §§6901-6992k, ELR Stat. RCRA §§1001-11011. 74. RCRA deines “solid waste” in 42 U.S.C. §6904; EPA elaborates the deinition in 40 C.F.R. §261.2. Under RCRA, hazardous waste is a subset of solid waste. Determining whether material is a solid waste is often the most diicult legal issu......
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Specific Environmental Statutes
...deine a solid waste as “any discarded material” that is not excluded by variance granted under other cited sections of the regulations. 40 C.F.R. 261.2(a)(1). he regulations deine “discarded material” as “any material” that is abandoned, recycled, inherently waste-like,” or a speciically id......
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Pollutant
...42 U.S.C. §§6901-6992k, ELR Stat. RCRA §§1001-11011. 74. RCRA deines “solid waste” in 42 U.S.C. §6904; EPA elaborates the deinition in 40 C.F.R. §261.2. Under RCRA, hazardous waste is a subset of solid waste. Determining whether material is a solid waste is often the most diicult legal issu......
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The D.C. Circuit Takes a Wrong Turn: Redefining Solid Waste Under RCRA
...at he George Washington University Law School, for his continued support and assistance in both planning and revising this Article. 1. 40 C.F.R. §261.2(c). 2. Id . 3. U.S. EPA, Resource Conservation and Recovery Act (RCRA) Overview , https:// www.epa.gov/rcra/resource-conservation-and-recov......
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