A container is any portable device in which material can be stored, handled, treated, recycled, or disposed of. The most common containers are 1 gallon, 5 gallon and 55 gallon poly or metal containers. The empty container management requirements discussed in this fact sheet pertain to containers that are less than 110 gallons in volume.

The strategy adopted by the Department of Toxic Substances Control to define an “empty” container was to establish standards that require the person who used the contents of the container to empty the container of the material as much as is reasonably possible. The California regulation sets three standards to define an empty container, each based on the type of material held by the container.

• Containers that held a pourable material:

For Containers that held a material that can’t be readily poured, all material must be removed by any practical means (including draining, pouring, pumping or aspirating) before the container can be considered empty. A container is empty when there is no longer a continuous stream of material coming from the opening when the container is held in any orientation.

• Containers that held a non-pourable material:

For containers that previously held materials that are non-pourable, no hazardous material shall remain in the container that can feasibly be removed by physical methods, including scraping and chipping, but not rinsing. This applies to materials that pour slowly or don’t pour at all from the container, including, but not limited to, viscous materials, solids which have “caked up” inside that container, and non-pourable sludge’s.

• Containers holding acute or extremely hazardous waste:

Containers which previously held acute or extremely hazardous waste are considered empty only if the container has been triple-rinsed using a solvent capable of removing the material, or cleaning by another method which is proven to achieve results equivalent to triple rinsing.

MANAGEMENT PRACTICES
Empty metal containers will be disposed of in the metal recycle dumpster. Empty Poly containers will be recycled whenever possible. Empty, rinsed containers of 5 gallons and less can be disposed at an “appropriate solid waste facility”. If you are unsure, call Environmental Health and Safety at extension 2266.

SPECIAL PROVISIONS FOR SPECIFIC CONTAINERS

• Household containers: Emptied household hazardous material and pesticide containers with a capacity of 5 gallons or less are exempt from regulation if the container was emptied by removing all of the contents that can be removed using practices commonly employed to remove materials from that type of container.
• Compressed gas cylinders: Compressed gas cylinders are exempt from regulation when the pressure in the cylinder approaches atmospheric pressure.
• Aerosol containers (spray cans): Aerosol containers are exempt from regulation when that container is emptied to the maximum extent practical under normal use provided that:
• The empty can is not regulated by federal law under the Resource Conservation and Recovery Act (RCRA); and
• The aerosol container did not previously hold an acute or extremely hazardous waste.

Aerosol containers with hazardous material remaining in the container, including those due to a clogged nozzle, damaged valve, or loss of propellant, are not exempt from regulation and must be managed as hazardous wastes or managed as universal wastes pursuant to California Health and Safety code section 25201.16

• Containers made of absorptive material: Containers made of absorptive materials such as wood, cardboard, clothe or paper cannot be exempt from the regulation if the container was in direct contact with and has absorbed the hazardous material.

CONTAMINATED CONTAINERS
Exempted if:

• Empty containers themselves are not hazardous wastes
• Residues remaining in empty containers are not hazardous wastes
• California empty

RCRA EMPTY DEFINITION:

• No hazardous material can be poured or drained from the container, or
• No hazardous material remains in the container that can be feasibly removed. The walls of the container must not contain any adhered or encrusted materials; however a thin layer of dried material is acceptable.

USE THE FOLLOWING PROCEDURE TO DISPOSE OF AN EMPTY CONTAINER:

• Make certain the container is EMPTY.
• Deface the label either by removing it; spray painting over it, or using a bold marker to deface it.
• Remove the lid.
• Place the container in the trash or dumpster.

CALIFORNIA EMPTY DEFINITION:
Containers empty when:

• Pour able wastes no longer pour when container inverted
• Non-pour able wastes are scraped or otherwise removed
• 5 gallons or smaller – destroyed and disposed
• Larger than 5 gallons – reclaimed for scrap value, reconditioned, remanufactured, or refilled

Information resource: Department of Toxic Substances Control.