Paint disposal rules by state

The rules in one minute

• Don't put liquid paint in the trash, down a drain or on the ground. State agencies that address it send liquid paint to collection sites, and some (California, Vermont, Tennessee, Colorado) ban it from landfills. Michigan doesn't ban household liquids from landfills, but haulers can still refuse them.
• Dried latex (water-based) paint can go in household trash in most states that say anything about it. Leave the lid off so the hauler can see it's solid.
• California says no: don't dry paint for the trash, and take even dried paint to a drop-off.
• Vermont bans paint from landfills by state law and says to ask your local district before trashing hardened latex.
• Oil-based paint is household hazardous waste. Take it to a hazardous waste site or event, or a PaintCare site.
• In 12 states and DC, PaintCare runs free drop-off sites for both latex and oil-based house paint.
• Many states don't have a paint rule at all and leave it to counties and cities. Your local rule wins.

State-by-state table

We checked each state's environmental or waste agency on October 7, 2026. "Not stated by the state" means the state page doesn't say either way, so your county or city decides. "Unconfirmed" means we couldn't open or verify the state's page. Links to each agency page are in the sources at the bottom.

Years show when the state's PaintCare program started.

States with PaintCare

These 12 states and DC have paint stewardship laws: California, Colorado, Connecticut, District of Columbia, Illinois, Maine, Maryland, Minnesota, New York, Oregon, Rhode Island, Vermont and Washington. Paint makers must run a recycling program, which PaintCare does for them. A fee on new paint pays for it.

In these states, the easy answer is to take house paint, stain and varnish, latex or oil-based, to a PaintCare store or public site. It's free. Every site takes at least 5 gallons per visit, and PaintCare picks up 100 gallons or more for free.

Even in PaintCare states, the trash rules for dried latex are set by the state or county. Some PaintCare state agencies don't say anything about it. Others, like Minnesota and Rhode Island, say dried latex can go in the trash. California says it can't.

States with stricter rules

• California: CalRecycle says oil-based paint is hazardous and latex is presumed hazardous. Paint is banned from disposal on land or in water. Drying paint without a hazardous waste permit isn't allowed, so dried paint goes to a drop-off too.
• Vermont: state law bans paint, stain, varnish and thinner from landfills. Vermont DEC says never to throw away liquid paint and to ask your local solid waste district about hardened latex.
• Tennessee: TDEC says it is illegal to put wet latex paint in landfills. Oil-based paint can't go in the trash.
• Colorado: state rules ban liquids and wastes with free liquids from most landfills.
• Kansas: a state rule says latex paint that household hazardous waste facilities send to a landfill must be solidified or still in its original can of 5 gallons or less.

States that leave it to counties and cities

Many state agencies have no paint guidance, or only say paint is household hazardous waste and to call your local program. These include Florida, Hawaii, Idaho, Kansas, Michigan, Nebraska, New Mexico, North Carolina, Oklahoma, South Dakota, Utah, Virginia and Wyoming.

In those states, your county or city's waste page is the rule to follow. Many county pages say dried latex can go in the trash and oil-based paint goes to a hazardous waste site. Some cities charge or limit who can drop off.

How to dry latex paint for the trash (where it's allowed)

1. Check your state row above and your city's waste page. Skip this in California.
2. For a little paint, take the lid off and let it air-dry outside, away from kids, pets and rain.
3. For more paint, stir in cat litter, sawdust, shredded paper or a store-bought paint hardener until it's thick and won't pour.
4. Let it dry all the way through. It should not be soft or sticky.
5. Put the can in the trash with the lid off, so the hauler can see it's dry.
6. Don't dry oil-based paint this way unless your state says you can. Kentucky, for example, says not to let it evaporate.

What about oil-based paint?

Oil-based (alkyd) paint, stain and varnish contain solvents that burn and give off fumes. Nearly every state that mentions it treats it as household hazardous waste and sends it to a collection site or event.

A few states say more. New Hampshire says oil-based paint shouldn't go in the trash, but allows it once it has fully hardened in a closed can. Montana says hardened oil-based paint can go in the trash. Mississippi's guide allows absorbed, fully dried oil-based paint in the garbage. Kentucky says not to let oil-based paint evaporate. When in doubt, take it to a hazardous waste site.

Rules for businesses are different

Everything above is about household paint. Paint from a business, including painting contractors and landlords, falls under hazardous waste rules for businesses. Oil-based paint waste from a business is usually regulated. Very small businesses can often use PaintCare sites or county business programs; larger ones usually need a licensed hazardous waste hauler. See our contractor guide.

What we couldn't confirm

• New Jersey: NJDEP's old household hazardous waste page is gone. Its current guidance only says to use county programs and doesn't address dried latex.
• Massachusetts: MassDEP's household page covers latex paint but not oil-based paint.
• Several states (see "Not stated by the state" in the table) don't address dried latex at all.
• Pennsylvania's paint fact sheet is old (from about 2000) but still posted by DEP.
• Louisiana's dried latex guidance comes from LDEQ's disaster debris plan, not a general paint page.
• Texas: TCEQ's dried-can advice is for nearly empty cans. We couldn't confirm a state ban on liquid paint in landfills.