40 CFR 261.4(a)(1) excludes domestic sewage 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)(1) @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)(1):
Domestic Sewage

2. 40 CFR 261.4(a)(1) @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)(1) @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)(1) @DanielsTraining 4
“The following materials are not solid
wastes for the purpose of this part…”
Domestic sewage; and
Any mixture of domestic sewage and other wastes
that passes through a sewer system to a publicly-
owned treatment works (POTW) for treatment.
“Domestic sewage” means untreated sanitary
wastes that pass through a sewer system.

5. 40 CFR 261.4(a)(1) @DanielsTraining 5
More to Consider(1)…
RCRA Online (23002-23777)
• Exclusion begins the moment waste enters a
sewer system where it will mix with domestic
sewage.
• Waste must pass through a sewer system (not
truck rail or dedicated pipe) to a POTW (not a
private treatment works).
• Sludge removed from a sewer line is not subject
to the exclusion.

6. 40 CFR 261.4(a)(1) @DanielsTraining 6
More to Consider(2)…
RCRA Online (23002-
14094)
• Exclusion includes
hazardous waste
(listed and
characteristic).
• Waste discharged to a
POTW is regulated by
the Clean Water Act,
not RCRA.

7. 40 CFR 261.4(a)(1) @DanielsTraining 7
More to Consider(3)…
• Check with your
POTW prior to
discharging waste.
• Check with your State
as it may not recognize
this Federal exclusion.

8. 40 CFR 261.4(a)(1) @DanielsTraining 8
40 CFR 261.4(a)(1) Verbatim:
(a) Materials which are not solid wastes. The
following materials are not solid wastes for the
purpose of this part:
(1)(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other
wastes that passes through a sewer system to a
publicly-owned treatment works for treatment.
“Domestic sewage” means untreated sanitary
wastes that pass through a sewer system.

9. 40 CFR 261.4(a)(1) @DanielsTraining 9
Got Questions
About RCRA or
HazMat
Transportation?
I provide:
Annual RCRA
Training for
Hazardous Waste
Personnel.
And
Triennial HazMat
Employee Training.
Open enrollment Daniels Training Services
or on-site. 815.821.1550
Info@DanielsTraining.com
www.DanielsTraining.com