Lead-Based Paint Waste Disposal FAQs

For residential projects, if the waste consists of architectural building components (e.g., doors, window frames, banisters, flooring, porch posts, or other painted woodwork), then it may be disposed of in either a permitted municipal solid waste (MSW) landfill or in a permitted construction and demolition (C&D) debris landfill. This waste is considered household waste and exempt from regulation as a hazardous waste. It also does not require a toxicity characteristic leaching procedure (TCLP) analysis to determine the characteristic of lead in the waste. However, documented methodologies must be followed to avoid lead contamination of the soil during removal.

If the waste includes paint chips, dust, soil, and/or sludge generated from the abatement, renovation, or remodeling project, the waste must be disposed of in a permitted MSW landfill with a liner and leachate collection system. This waste is also considered household waste and exempt from regulation as a hazardous waste. It also does not require a TCLP analysis. However, due to the potentially higher concentrations of lead in this waste, EPD does not allow disposal in a C&D debris landfill.

For commercial or industrial projects, a toxicity characteristic leaching procedure (TCLP) analysis must be performed to determine the toxic characteristics (TC) for lead in the waste. The regulatory threshold to be considered a hazardous waste is “equal to or greater than 5 parts per million.”

If the waste is from painted components and does not exceed the TC threshold, it is not considered a hazardous waste and may be disposed of in either a permitted municipal solid waste (MSW) landfill or in a permitted construction and demolition (C&D) debris landfill. If the waste is composed of paint chips, dust, soil, and/or sludge and does not exceed the TC threshold, it is not considered a hazardous waste. However, the waste must be disposed of in a permitted MSW landfill with a liner and leachate collection system.

If the waste exceeds the TC for lead, it is a hazardous waste. If the quantity of waste is 220 pounds or more per month, the waste must be disposed of in a manner that complies with the Georgia Rules for Hazardous Waste Management, Chapter 391-3-11. However, if the total quantity of waste from the project site is less than 220 pounds per month, the waste is classified as a conditionally exempt small quantity generator and may be disposed of in a MSW or C&D landfill, depending on the waste type (i.e., painted components vs. paint chips) as discussed above.

No. Regardless of the lead content, open dumping of any solid waste is a prohibited act under the Georgia Rules for Solid Waste Management. No person may dispose of any solid waste in an open dump, nor may any person cause, suffer, allow, or permit open dumping on his property (Rule 391-3- 4-.04(4)(c)). Furthermore, when the disturbance of lead-based paint through abatement, renovation, remodeling, or demolition from any type of facility contaminates the soil with lead when waste exceeds the toxic characteristics regulatory threshold of 5 parts per million (i.e., hazardous waste), then the lead-based paint waste must be cleaned up and the soil remediated. 

Soil that has been contaminated with lead-based paint must be remediated or cleaned up to the background levels of the soil. EPD must agree with the background level used for the cleanup standard designated. If the lead content of the soil equals or exceeds 400 milligrams per kilogram, Georgia Rules for Hazardous Site Response, Chapter 391-3-19-.04(3)(b), requires cleanup or notification to EPD within 30 days.

For residential facilities, cleanup of lead-based paint contaminated soil (if required by EPD) must be conducted in such a manner to meet the abatement requirement of the Georgia Rules for Lead-Based Paint Hazard Management, Chapter 391-3-24.

For non-residential structures or facilities, cleanup of lead-based paint contaminated soil (if required by EPD) must be conducted in such a manner to meet the cleanup requirements in the Georgia Rules for Hazardous Waste Management, Chapter 391-3-11 and/or Georgia Rules for Hazardous Sites Response, Chapter 391-3-19.

Yes. While EPD enforces the minimum requirements under Georgia laws and rules, facility owners may adopt more stringent contract specifications. EPD will not enforce these more stringent specifications unless outlined in agreed terms in an order executed by the EPD director.