What is toxic waste?
A toxic waste is a Resource Conservation and Recovery Act (RCRA) hazardous waste that is listed as hazardous because of its toxic properties; however, this term is often used indiscriminately and incorrectly by the media or public to refer to any waste, chemical or substance subject to environmental laws. In North Dakota’s Hazardous Waste Management Rules sections 33-24-02-14 through 33-24-05-19 (identification of characteristic and listed hazardous wastes), identify two distinct waste types which are identified as either toxicity characteristic or as “toxic waste” (T) in the lists of hazardous wastes found in sections 33-24-02-14, 33-24-02-16, 33-24-02-17 and 33-24-02-18. Appendix IV to Chapter 33-24-02 identifies the specific constituents for which the waste was listed as a waste which exhibits the toxicity characteristic or as a ‘toxic waste” (T). [North Dakota’s regulations are equivalent to those regulations found at 40 CFR 261, subpart D, and appendix VII to 40 CFR 261.
Toxic Waste is waste which may be harmful, be it of a corrosive nature, or poisonous or of a volatile state which could give off chemical fumes or even ignite. As such, toxic waste must be appropriately labelled and collected by specialist licensed contractors who will transport and dispose of the material at licensed disposal sites. Licences are issued and regulated by the Environment Agency. The burning of waste likely to give off toxic fumes such as cable burning, the burning of tyres and plastics is illegal and offenders can be prosecuted under the Clean Air Act 1993 and associated legislation. Similarly, the burning of other waste including garden waste is to be discouraged as it may give rise to nuisance from smoke and odour. If a statutory nuisance is witnessed from such burning the person responsible may be prosecuted under the Environmental Protection Act 1990. If you need to report a spillage or accident including Toxic Waste, please contact Fire and Rescue Services immediate
