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Our mission is to provide the highest level of safety, and to protect public health and the environment from toxic harm. Fact Sheet, October 2008 Managing Hazardous Waste at Foreclosed Properties Introduction: Foreclosures of residential properties are occurring daily across California. As a result, former property owners and their tenants are leaving behind common household chemicals and materials that may pose a hazard or risk to humans and the environment. Entities that have acquired foreclosed residential properties (e.g., lenders, real estate companies, government agencies, and other businesses) are employing businesses such as restoration companies or private individuals to prepare the properties for resale. This often involves removing materials left behind in the residential properties, some of which are hazardous waste. The Department of Toxic Substances Control (DTSC) prepared this fact sheet to provide general guidance about managing materials and hazardous waste, and to offer options for handling them. Viewing this fact sheet on the internet provides access to additional information through (underlined) interactive links in the document. This fact sheet does not apply to individual homeowners who may qualify for the household hazardous waste exemptions. Improper handling of hazardous waste presents a real threat to the environment. There are federal and state laws and regulations that govern the handling of hazardous waste. You should consult the actual statutes and regulations to be sure that you are in compliance. The basics of hazardous waste It is the responsibility of the new owner or the restoration company (as the generator) to determine whether or not household chemicals and materials (such as universal waste), left by former residents, are materials that can be used for their intended purpose, or if those materials are a waste. If possible, common household chemicals (such as cleaners, and gardening and automotive products) and materials can and should be used by others instead of being discarded. If the generator determines that the materials cannot be used for their intended purpose then those materials become a waste. If the wastes are hazardous waste then the new owner, or the restoration company, becomes the hazardous waste generator since that is legally defined as the person whose act or process first causes a hazardous waste to become subject to regulation (Cal. Code Regs., title 22, § 66260.10). The generator, seeking to dispose of the materials, assumes liability for determining the disposition of all materials and wastes. According to the law, generators must evaluate wastes to determine if they are hazardous waste (Cal. Code Regs., title 22, § 66260.200(c)). If these wastes have one or more of the hazardous waste characteristics (ignitable, corrosive, toxic, or reactive), or are specifically listed as a hazardous waste (Cal. Code Regs., title 22, § 66261.3), they are hazardous wastes. Consult with DTSC's on-line guidance and tutorial on "What Is A Hazardous Waste" for more information about hazardous waste classification. State of California