Government recognition of voluntary hazardous waste cleanup sites

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

July 16, 1990

MEMORANDUM FOR: JOHN B. MILES
REGIONAL ADMINISTRATOR

FROM: PATRICIA K. CLARK, DIRECTOR
DESIGNATE DIRECTORATE OF COMPLIANCE PROGRAMS

THROUGH: LEO CAREY, DIRECTOR OFFICE OF FIELD PROGRAMS

SUBJECT: Voluntary Clean-up Operations Under 29 CFR 1910.120

This is in response to your request for a clarification of 29 CFR 1910.120 (a)(1)(iii):

"Voluntary clean-up operations at sites recognized by Federal, state, local or other governmental bodies as uncontrolled hazardous waste sites;"

The term recognized by a governmental body means the hazardous waste site has been acknowledged by a government agency in writing or the agency would be willing to acknowledge in writing that the site contains hazardous substances as defined in 29 CFR 1910.120. For example, all sites listed on EPA's CERCLIS list are "recognized".

If a site does not have recognition but should have been recognized by a government agency, OSHA could still have coverage. This could mean making several phone calls to determine an agency's recognition of the site and receiving a letter to that effect.

The site would not have to be scheduled for cleanup by the government agency.

I hope this information is helpful.