3R Latex
Containment & Recycling Service for Latex Paint & Wash Water, Offering a Simple, Cost Effective Way to Comply with California Law
- Complies with all regulations for collection, recycling, transportation and documentation.
(California Health & Safety Code Sec. 25217) - Achieves SWPPP's Best Management Practice
- 55 gallon drums distributed to points of use
- Minimizes clean-up time
- Helps eliminate wash-out pits
- Hassle Free
- Protects the Environment
State Regulations
California Health & Safety Code (25217-25217.4)
No person shall dispose of, or attempt to dispose of, liquid latex paint in the land or into the waters of the state...
view full health & safety codes 25217-25217.4
view full health & safety codes 25217-25217.4
25217
For the purposes of this article, “recyclable latex paint” means any water-based latex paint, still in liquid form, that is transferred for the purposes of being recycled.
25217.1
No person shall dispose of, or attempt to dispose of, liquid latex paint in the land or into the waters of the state unless authorized by applicable provisions of law.
25217.2
(a) Recyclable latex paint may be accepted at any location if all of the following conditions are met:
25217.3
(a) Notwithstanding Sections 25160 and 25163, a person may transport recyclable latex paint without the use of a manifest or obtaining registration as a hazardous waste hauler if the transporter complies with this article.
(b) A person transporting recyclable latex paint shall use a bill of lading to document the transportation of recyclable latex paint from collection locations, or any interim locations, to a recycling facility, whenever the transportation involves a change in ownership of the recyclable latex paint. A copy of the bill of lading shall be kept by the originating location, transporter, and destination of the recyclable latex paint for a period of at least three years and shall include all of the following information:
25217.4
A person may recycle recyclable latex paint at a facility which is not authorized by the department pursuant to the applicable hazardous waste facilities permit requirements of Article 9 (commencing with Section 25200) if the person complies with Section 25217.2.
For the purposes of this article, “recyclable latex paint” means any water-based latex paint, still in liquid form, that is transferred for the purposes of being recycled.
25217.1
No person shall dispose of, or attempt to dispose of, liquid latex paint in the land or into the waters of the state unless authorized by applicable provisions of law.
25217.2
(a) Recyclable latex paint may be accepted at any location if all of the following conditions are met:
(1) The location manages the recyclable latex paint in accordance with all applicable latex paint product management procedures specified by federal, state, or local law or regulation which include, at a minimum, that the recyclable latex paint is stored and handled in a manner that minimizes the chance of exposing the handler and the environment to potentially hazardous constituents that may be in, or have been incidentally added to, the recyclable latex paint.
(2) Any latex paint that is accepted as recyclable by the location and which is later discovered to be nonrecyclable shall be deemed to be a waste generated at the location where this discovery is made and this latex paint shall be managed as a waste in accordance with this chapter.
(3) The owner or operator of the location has a business plan that meets the requirements of Section 25504, if required by the administrating agency, including, but not limited to, emergency response plans and procedures, as described in subdivision (b) of Section 25504. The plans and procedures shall specifically address recyclable latex paint or meet the department's emergency response and contingency requirements which are applicable to generators of hazardous waste.
(4) If the recyclable latex paint is not excluded or exempted from regulation under Chapter I (commencing with Section 1.1) of Title 40 of the Code of Federal Regulations, the location meets all applicable federal requirements.
(2) Any latex paint that is accepted as recyclable by the location and which is later discovered to be nonrecyclable shall be deemed to be a waste generated at the location where this discovery is made and this latex paint shall be managed as a waste in accordance with this chapter.
(3) The owner or operator of the location has a business plan that meets the requirements of Section 25504, if required by the administrating agency, including, but not limited to, emergency response plans and procedures, as described in subdivision (b) of Section 25504. The plans and procedures shall specifically address recyclable latex paint or meet the department's emergency response and contingency requirements which are applicable to generators of hazardous waste.
(4) If the recyclable latex paint is not excluded or exempted from regulation under Chapter I (commencing with Section 1.1) of Title 40 of the Code of Federal Regulations, the location meets all applicable federal requirements.
25217.3
(a) Notwithstanding Sections 25160 and 25163, a person may transport recyclable latex paint without the use of a manifest or obtaining registration as a hazardous waste hauler if the transporter complies with this article.
(b) A person transporting recyclable latex paint shall use a bill of lading to document the transportation of recyclable latex paint from collection locations, or any interim locations, to a recycling facility, whenever the transportation involves a change in ownership of the recyclable latex paint. A copy of the bill of lading shall be kept by the originating location, transporter, and destination of the recyclable latex paint for a period of at least three years and shall include all of the following information:
(1) The name, address, and telephone number of the originating location, the transporter, and the destination of the recyclable latex paint.
(2) The quantity of the recyclable latex paint being transported.
(3) The date on which the transporter accepts the recyclable latex paint from the originating location.
(4) The signatures of the transporter and a representative of the originating location.
(2) The quantity of the recyclable latex paint being transported.
(3) The date on which the transporter accepts the recyclable latex paint from the originating location.
(4) The signatures of the transporter and a representative of the originating location.
25217.4
A person may recycle recyclable latex paint at a facility which is not authorized by the department pursuant to the applicable hazardous waste facilities permit requirements of Article 9 (commencing with Section 25200) if the person complies with Section 25217.2.
BMP 2-02 Waste Management & Material Controls
- When possible, mix paint indoors, otherwise use secondary containment structures. Do not clean paint brushes or rinse paint containers into a street, gutter, storm drain, sanitary sewer or watercourse.
- If possible, recycle residual paints, solvents, non-treated lumber, and other materials.
(California Storm Water Qualilty Association Construction Handbook)
Riverside County Ordinance 754.1
Establishes Stormwater/Urban Runoff Management and Discharge Controls
It is a violation of this ordinance to: throw, bury, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained any pollutant in or upon: any street, alley, sidewalk, storm drain, inlet, catch basin or other drainage structure, ... The #1 Pollutant listed: Paint
It is a violation of this ordinance to: throw, bury, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained any pollutant in or upon: any street, alley, sidewalk, storm drain, inlet, catch basin or other drainage structure, ... The #1 Pollutant listed: Paint
Orange County Ordinance
Section 212 prohibits the disposal of sludge, heavy metals, organics or material that can build up and cause systemic blockage. Solvent levels must be 0.58 mg/liter or less.
The Resource Conservation & Recovery Act (RCRA)
The treatment of hazardous wastes requires a Treatment, Storage & Disposal Permit (TSD). Treatment includes settling, separation, filtration, neutralization, drying...
Regional Water Districts' Comments
Eastern Municipal Water District Per Judith Lankey of Riverside Valley:
(Temecula, Menefee, Hemet, San Jacinto, etc.)
“Each construction site is allowed one small sink linked to sanitary sewer for the purpose of washing out small paint brushes. No big brushes, rollers, sprayers, cans, pans or pails are to be washed out into the sanitary sewer and no drywall mud is to be washed out on the ground or into the sanitary sewers.”
Aldo Licitra of the City of Temecula:
“No latex paint to the sanitary sewer because it's toxic to biological activity and no drywall mud.”
Roya Sohanaki of Orange County:
“Nothing in the sewer that can build up and cause blockage, no sludge, solids, heavy metals, organics. Latex paint is included. Solvent level limit is 0.58mg/liter. Sanitary ordinance section 212 prohibits disposal of sludge.”
(Temecula, Menefee, Hemet, San Jacinto, etc.)
“Each construction site is allowed one small sink linked to sanitary sewer for the purpose of washing out small paint brushes. No big brushes, rollers, sprayers, cans, pans or pails are to be washed out into the sanitary sewer and no drywall mud is to be washed out on the ground or into the sanitary sewers.”
Aldo Licitra of the City of Temecula:
“No latex paint to the sanitary sewer because it's toxic to biological activity and no drywall mud.”
Roya Sohanaki of Orange County:
“Nothing in the sewer that can build up and cause blockage, no sludge, solids, heavy metals, organics. Latex paint is included. Solvent level limit is 0.58mg/liter. Sanitary ordinance section 212 prohibits disposal of sludge.”
Summary
In California, it is illegal to dispose of latex paint in the trash or down storm drains or sewer drains. According to the California Department of Toxic Substances Control (DTSC) it is also illegal to air dry or mix small amounts of latex paint with any substance for the purpose of solidifying it and disposing of it because this practice is considered “treatment of a hazardous waste.” (Waste Management Board Publication # 331-97-016)
Recyclable Materials
Recyclable Materials
- Latex Paint
- Wash Water
(From all equipment: brushes, rollers, pails, pans, sprayers, hoses and ground cover protection) - Wood Patch & Fillers
- Putty
- Drywall Mud
- Similar Material
Useful Tips
Latex Paint - Hazards and Solutions for Disposal
The average household stockpiles 1 to 3 gallons of paint per year. In California, leftover latex or oil based paint is considered a hazardous waste and must be managed appropriately. This fact sheet defines latex paint and its potential effects on the environment and health, and presents practical ideas on how to use and handle it properly.
What is Latex Paint?
Latex paint is a water-based coating containing resins, solvents, pigments, and additives. It is durable, easy to apply, cleans up with soap and water, and it has replaced oil-based (solvent-based) paint in 85 percent of painting projects in California. In fact, over 58 million gallons of latex paint are sold annually statewide, making it the most frequently used paint product on the market. Although water-based (latex) paint is less harmful to the environment and your health than oil-based paint, its ingredients are hazardous. That's why it must be managed as a hazardous material.
Environmental Effects
Latex paint can be highly toxic to the environment. It harms fish and wildlife, and contaminates the food chain if poured down a storm drain. It can also pollute groundwater if dumped on the ground. While it may be acceptable to clean paint applicators in the sink, pouring excess paint down the drain disrupts microbes and causes sewage treatment to be less effective and more costly. If thrown into the trash it can contaminate other recyclable materials, thus wasting valuable resources.
Health Effects
Latex paint can also have adverse effects on your health if not used properly. If used in closed areas, its chemical components can irritate eyes, skin, and lungs and cause headaches and nausea. It can also contribute to respiratory problems, muscle weakness, and liver and kidney damage.
What Can I Do?
As part of your preparation for a home painting project, you should consider the following tips for reducing, using, recycling, and disposing of latex paint.
- Buy only what you need. Calculate and buy the amount of paint you need for a project. Many retailers provide this kind of help as a service to their customers. In addition, some retailers take back unused, unopened latex paint that they've sold to you. Check with your local retailer to see if they take paint back and under what conditions.
- Use it properly. To protect your health, always apply latex paint in well-ventilated areas and wear a protective face mask and goggles that completely cover your eyes. This is especially important when spray painting.
- Store it properly. Store paint cans upside down with the lids on securely to keep it fresh until you need it again and make it more recyclable. Avoid storing it at extreme temperatures.
- Use up leftover paint. The best way to get rid of leftover latex paint from one household project is to use it up on another. If you cannot use the paint, give it away in its original container to friends, neighbors, or community groups.
- Reuse your paint applicators. Clean brushes and rollers in sinks or other facilities where wastewater flows directly into sewers for treatment. Do not clean applicators in the street or other places where the wastewater could flow into storm drains that in turn flow into local streams and rivers. Also, do not clean them in the backyard where paint may contaminate soils.
- Recycle your leftover paint. Contact your local environmental health, solid waste, or public works department to find out about household hazardous waste (HHW) collection programs. These programs have been set up to collect, reuse, and recycle leftover paint from households. See "For More Information" for how to find locations of HHW collection programs.
- Use paint exchange programs. Take advantage of HHW waste exchange programs sponsored by local government. These programs generally accept usable but unwanted paint and give it away to any individual that can use it. The paint is unprocessed, but still usable, and in its original containers.
- Use recycled latex paint. Some leftover paint that has been collected through local HHW collection programs is sorted, consolidated, and strained, and then sent to paint manufacturers for reprocessing into a quality paint product. Through your local programs you may be able to get recycled paint free or at a low cost.
(Note: Recycled latex paint is discussed in detail in another IWMB fact sheet. See "For More Information.") - Use proper disposal methods. In California, it is illegal to dispose of latex paint in the trash or down storm drains or sewer drains. According to the California Department of Toxic Substances Control (DTSC),* it is also illegal to air dry or mix small amounts of latex paint with any substance for the purpose of solidifying it and disposing of it because this practice is considered “treatment of a hazardous waste.” However, if latex paint has naturally dried out, it may be disposed of in the trash.
Although empty containers can be thrown in the trash, your local solid waste or HHW collection programs may be collecting the containers for recycling. A container is considered “empty” if no paint pours out when it is held upside down, any paint remaining in the container cannot be removed by chipping or scraping, and no propellant is dispensed when the pressure-sensitive valve is pressed down on an aerosol can.
(Note: The IWMB provides information on household hazardous waste, including paint, to help keep it out of the solid waste stream. Hazardous waste management in California is regulated by DTSC, one of our sister agencies under Cal/EPA.)
For More Information
To find out more about recycling paint, buying recycled paint, or recycling empty paint containers, including aerosol spray cans, call the Cal/EPA Recycling Hotline at 1-800-CLEAN-UP, or visit their website.
Publications
The IWMB has published two other paint-related publications:
You may order these and other publications by:
- Sampling, Testing, and Evaluation of Recyclable and Recycled Latex Paint: Final Report. A 137-page report documents a Cal Poly, San Luis Obispo study that evaluated the use of latex paint collected from HHW collection programs as raw material for manufacturing of high quality recycled latex paint. December 1995, Pub. # 331-95-011.
- Recycled Latex Paint. Two-page overview of reusable and recycled latex paint available in California. August 1997, Pub. #431-97-034.
You may order these and other publications by:
- Phone: CIWMB Publications Clearinghouse at 1-800-CA-WASTE (CA only) or (916) 341-6300.
- Internet: Search for publications, download them, and/or send an electronic order to CIWMB here.
Grants
For more information on HHW and Used Oil grants call (916) 341-6692 or visit the website.
Hazardous Waste Management
Contact the nearest DTSC field office duty officer for more information on hazardous waste management practices and latex and oil-based paint regulations in California. To locate the nearest field office, check the website or call DTSC's main information number: (916) 324-1826.
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