A question (01.03.18):

Daniel;

I was searching Google when a link to your site came up. We are having to transport sludge and scum from an old wastewater plant across town to a newer plant. We are doing this in a tank truck. What placards do we need to put on the truck?

My answer that same day:

I will do my best to answer your question below.

• If the waste is from a domestic sewage wastewater treatment plant it likely will not be a RCRA hazardous waste per USEPA regulations. However, the generator of the waste must complete a hazardous waste determination.
• It may be a non-RCRA hazardous waste in California. i.e., an appendix X listed non-RCRA Haz Waste.
• It may be regulated as a Division 6.2 Infectious Substance according to USDOT/PHMSA Hazardous Materials Regulations if it is known or reasonably expected to contain a pathogen (49 CFR 173.134). However, pursuant to 49 CFR 173.134(b)(13)(ii), sanitary sewage or sludge is excepted from regulation as a Division 6.2 Infectious Substance (LOI 16-0019).
• As a government entity you are subject to the Government Employee Exemption from USDOT regulations.
• The transport in a tank truck will likely be subject to California regulations as a commercial vehicle. I am not sure if California has a government employee exemption.
• It’s handling may be subject to Health Department regulations.

In sum:

• Human waste is not a USEPA hazardous waste though it may be subject to California’s more strict regulations as a non-RCRA hazardous waste.
• Its transportation is not subject to the USDOT/PHMSA HMR when transported, and therefore no placards are required.
• Due to the size and type of the vehicle it may be regulated in California as a commercial vehicle. This may require fees, registration, driver licensing, &etc.

I hope this helps.

Please contact me with any other questions.

Conclusion:

That did it! The regulations for the cradle-to-grave management of hazardous waste are more stringent in their application and more broad in their scope than are the regulations of USEPA or any other state. If you generate, transport, or manage hazardous waste in California – this includes both RCRA hazardous waste and non-RCRA hazardous waste – you must comply with the regulations of the Department of Toxic Substances Control (DTSC) and your Certified Unified Program Agency (CUPA).