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Interpretation Response #09-0289 ([Lincoln-Lancaster County Health Department City of Lincoln Nebraska] [Mr. Daniel N. King])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Lincoln-Lancaster County Health Department City of Lincoln Nebraska

Individual Name: Mr. Daniel N. King

Location State: NE Country: US

View the Interpretation Document

Response text:

February 5, 2010





Mr. Daniel N. King

Environmental Health Specialist

Lincoln-Lancaster County Health Department

City of Lincoln Nebraska

3140 N Street

Lincoln, NE 68510-1514

Reference No. 09-0289

Dear Mr. King:

This is in response to your November 23, 2009 letter concerning requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of household hazardous wastes. Specifically, you ask if independent contractors employed by a municipal government agency to transport hazardous materials as waste from private residences to an approved household hazardous waste collection site or facility are subject to the HMR.

The answer is no. In accordance with § 173.12(f), household waste is not subject to the HMR when it is transported in conformance with applicable state, local, or tribal government requirements. "Household waste" includes solid waste (including garbage, trash, and sanitary waste from septic tanks) derived from single and multi-family residences. See § 171.8. Thus, household hazardous wastes transported from private residences to an approved collection site by a municipal government agency using its own employees or contract personnel are not subject to the HMR, and the employees or contract personnel collecting and transporting the household waste are not subject to HMR training requirements.

Please note, this exception does not apply to the transportation of a consolidated household hazardous waste shipment from a collection center by a commercial carrier. However, the transportation of consolidated household waste material by a government employee, solely for noncommercial government purposes, is not "commercial" transportation for purposes of the HMR and, therefore, is not subject to regulation under the HMR (see § 171.1(d)(5)).

I hope this satisfies your request.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.12(f), 171.8, 171.1(d)(5)

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
171.8 Definitions and abbreviations
173.12 Exceptions for shipment of waste materials