In legal control, solid wastes are sampled to determine if particular concentrations of contaminants are below threshold levels. If the threshold is exceeded, the material is considered hazardous and constraints are placed on its handling and disposal. This procedure requires a uniform sampling and hypothesis testing protocol that gives reliable results. The problem in designing such a protocol is that the distributions of contaminant measurements vary considerably from one type of contaminant to another, and between different types of waste materials. At present, the literature provides too few data to make reliable assumptions about the distribution, and costs restrict data collection. In this paper, we propose a protocol that aims to be applicable for different waste materials and contaminants. In particular, we do not make any assumptions about the underlying frequency distributions of the concentration levels. The protocol is a compromise between a thorough analysis and cost considerations, and is based on a simulation study. Its practical performance is tested using data from three types of waste materials. The protocol satisfies the present conditions in most situations. Furthermore, the data that become available using this protocol will enlarge insight in the variability of solid wastes. Copyright (C) 1999 John Wiley & Sons, Ltd.