40 CFR 261.4(a)(3) excludes irrigation return flows from regulation as a solid waste - and thus as a hazardous waste - if the requirements of the regulations are met. This presentation briefly summarizes the requirements of this RCRA exclusion from regulation.

1. 40 CFR 261.4(a)(3) @DanielsTraining 1
EXCLUSIONS FROM
REGULATION AS SOLID
WASTE
One presentation in a series that briefly
explains the Federal exclusions from full
regulation for certain materials under the
Resource Conservation and Recovery Act
(RCRA).
This presentation: 40 CFR 261.4(a)(3):
Irrigation Return Flows

2. 40 CFR 261.4(a)(3) @DanielsTraining 2
PRESENTED BY:
Daniels Training Services
815.821.1550
www.DanielsTraining.com
Info@DanielsTraining.com
A different kind of training.

3. 40 CFR 261.4(a)(3) @DanielsTraining 3
40 CFR 261.4(a)
• Paragraph „a‟ of section 261.4 identifies 25
materials excluded from regulation as a solid
waste.
• If a material does not meet the definition of a solid
waste, it cannot be a hazardous waste.
Solid Hazardous
Waste Waste

4. 40 CFR 261.4(a)(3) @DanielsTraining 4
“The following materials are not solid
wastes for the purpose of this part…”
Irrigation return flows.

5. 40 CFR 261.4(a)(3) @DanielsTraining 5
More to Consider(1)…
National Agricultural Law Center:
Irrigation return flow was defined as "surface
water, other than navigable waters, containing
pollutants which result from the controlled
application of water by any person to land used
primarily for crops, forage growth, or nursery
operations.”
It included the following note: "This term includes
water used for cranberry harvesting, rice crops,
and other such controlled application of water to
land for purposes of farm management.”

6. 40 CFR 261.4(a)(3) @DanielsTraining 6
40 CFR 261.4(a)(3) Verbatim:
(a) Materials which are not solid wastes. The
following materials are not solid wastes for the
purpose of this part:
…
(3) Irrigation return flows.

7. 40 CFR 261.4(a)(3) @DanielsTraining 7
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