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My Watershed

  Conditional Exclusion

WAC 173-303-071(3) (nn)

(i) Controlled substances, legend drugs, and over-the-counter drugs that are state-only dangerous wastes.

  • Controlled substances as defined and regulated by Chapter 69.50 RCW (Schedule I through V);
  • Legend drugs as defined and regulated by Chapter 69.41 RCW; and
  • Over-the-counter drugs as defined and regulated by Chapter 69.60 RCW.

(ii) Controlled substances, legend drugs, and over-the-counter drugs that are held in the custody of law enforcement agencies or possessed by any licensee as defined and regulated by Chapter 69.50 RCW or Title 18 RCW and authorized to possess drugs within the state of Washington are excluded, provided the drugs are disposed of by incineration in a controlled combustion unit with a heat input rate greater than 250 million British thermal units/hour, a combustion zone temperature greater than 1500 degrees Fahrenheit, or a facility permitted to incinerate municipal solid waste.
(iii) For the purposes of this exclusion the term "drugs" means:

  • Articles recognized in the official United States pharmacopoeia or the official homeopathic pharmacopoeia of the United States;
  • Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or
  • Substances (other than food) intended to affect the structure or any function of the body of man or other animals, as defined in RCW 18.64.011(3). (Note: RCW 18.64.011 (3)(d) is intentionally not included in the definition of drugs for this exclusion.)
(iv) When possessed by any licensee the term drugs used in this exclusion means finished drug products.