Mitchell Container Services, Inc.

Empty Container Preparation

1. Proper Emptying
   
2. Empty Definition
   
3. Empty IBC Certification
   
4. Shipment Preparation
   

Proper Container Emptying

Proper emptying of every container is the most important aspect of in-plant Responsible Container Management. It affects cost, regulatory compliance, and legal liability.

Cost - The residue of costly material left in containers can represent enormous lost profits to companies. This is virgin product that has been paid for, but is discarded, unused, if left in a container. Emptiers should remove as much product as possible every time.

Regulatory Compliance - For most products only containers meeting the EPA "empty" definition (40 CFR 261.7) escape classification as hazardous wastes. Used containers which are hazardous waste face staggering costs of legal disposal - far more than through disposition when empty to container reconditioners and dealers.

Legal Liability - Persons arranging for disposition of non-empty containers may be considered to have "arranged for disposal or treatment … of hazardous substances" or to have engaged in the "abandonment or discard" of unclean containers. Both of these terms are from the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 USC 9601), or "Superfund" and both activities establish strict, retroactive, joint-and-several liability for any subsequent contamination and environmental response costs.

Emptying personnel should know the details of the EPA definition of an empty container. Especially important is understanding the nickname "one-inch rule" applies only in the very limited number of cases involving nonflowable products, RIPA prefers the term "drip-dry," indicating that all materials that can be removed (using normal methods - like pouring) have been removed.

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Empty Definition

The definition of "empty" can be found in 40 CFR 261.7 and requires:

1. All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and
2. No more than 2.5 centimeters (1 inch) of residue remain on the bottom of the container or inner liner, or
3. No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 110 gallons in size.
4. No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 110 gallons in size.

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Empty IBC Certification

Empty Container Certification is a written document, executed by the container emptier and the container reconditioner or dealer. It confirms that the containers being transferred are actually empty, in accordance with the EPA definition of empty containers, and that they have been properly prepared for transportation. Some companies execute the certification on a contractual basis, but most reconditioners print the certification on their receiving tickets so that one is signed every time containers are picked up.

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Shipment Preparation

Retaining labels - especially the precautionary information - is required by regulation for any container formerly containing hazardous materials (49 CFR 173.29). These labels are needed to communicate to all custodians of empty containers important safety information until the containers are cleaned by reconditioning or processing for scrap recycling. Labels should never be removed or painted over unless the IBCs have been cleaned and purged at the emptiers plant. All openings including removable heads, filling and vent holes must be tightly closed prior to shipment. IBCs must have all plugs, valves and caps reinserted and tightened.

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