When hazardous waste is generated at a residence, such as home healthcare, DIY projects, or household chemicals, it typically falls under the Household Hazardous Waste (HHW) exemption and is not subject to RCRA Subtitle C manifest requirements.
However, when a household waste stream is picked up for consolidation or disposal through a third party, and especially when the original generator has died, the issue becomes more nuanced.
Waste Disposal After Generator's Death
Once a person dies and leaves behind regulated medical waste or hazardous household materials, estate representatives or family members handle cleanup and disposal. Here are the steps on how to work under federal guidelines, including RCRA, USPS, and Mail-Back System Policies:
Household Hazardous Waste (HHW) Exemption.
According to 40 CFR § 261.4(b)(1), which states, "Household waste, including household hazardous waste, is excluded from regulation as hazardous waste under RCRA." Household Hazardous Waste refers on the following:No manifest is required for waste generated from normal residential activities.
If waste is collected for off-site treatment as hazardous waste, state manifest requirements may apply.
Sign a Manifest.
If a manifest is required, especially for hazardous material, it must be signed by someone legally authorized to act on behalf of the deceased generator. Listed below are the authorized signers:
Executor/ Administrator
Court-appointed legal representative of the estate.Next of Kin
May sign in the absence of formal probate if acting in good faith.Power of Attorney (POA)
Only valid before death; void after death.Property Manager of Trustee
May sign if managing the property under legal authority.HHW Contractor / Government Agent
If collecting under a municipal hazardous waste collection program.
Supporting documentation, such as a death certificate, letters of administration, or a service agreement, may be required.
Anyone May Return the Package.
Under USPS Regulations and consistent with UN3291 mailing guidelines, mail-back packages may be returned by anyone, not just the original waste generator. Here are some of the key points:The authorized returner does not need to be the person who used or filled the container.
As long as the package:
Complies with USPS-approved design
Weighs ≤ 35 pounds
Is properly sealed and labeled
And uses the prepaid return shipping label
The package can be mailed by any individual, including:
Family members
Estate executors
Healthcare providers
Caretakers or home health agencies
This allows for safe and compliant disposal of sharps, regulated medical waste, or pharmaceuticals after the original generator has passed away.
Mail-Back Convenience with PureWay
PureWay mail-back kits are the following:
Fully Compliant
Compliant with USPS and DOT (49 CFR 173.197, Publication 52)Approved Weight
Pre-paid, pre-labeled, and approved up to 35 lbs.Easy to Use
This is designed for easy use by family, staff, or estate handlers.