Date:Wed, 18 Jul 2001 12:14:03
We had a situation a few years ago and discussed this with Wisconsin state regulators. Now, this may be the opinion of one regulator, but .... By virtue that the material you have is no longer usable by you, under the RCRA definition, in is now a waste. The next issue is whether it is a hazardous waste. If it is, then according to this regulator, unless you sell the material for reasonable value (not a buck), you are engaged in a disposal activity and also an attempt to circumvent RCRA disposal requirements. The regulator that I talked with recognized the benefit of having schools access to product, and that it is occurring. However, regulators are also wary of companies "loading up" institutions with materials that they can never use, as it then becomes a disposal issue later. One way you may be able to work around this is to loan the material to the school with an agreement that any excess material is yours and you are responsible for it. In any case, I would check with your regulatory agency before you take any action.