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Compliance Assistance - Inspection Checklists -
For
More Information Contact:
New Jersey Department of Environmental Protection
Bureau of Hazardous Waste
Compliance & Enforcement
phone (609) 584-4250
fax (609) 588-2444 |
|
There are 2 versions
of the checklists available:
| The short
version is the checklist
used by a DEP inspector as a "reminder"
to verify all the applicable requirements. |
| The
full
text version also includes
actual text from the regulation.
|
| Shaded
areas represent information gathered by
a DEP inspector either through observation
or direct questioning. |
|
|
Conditionally
Exempt Small Quantity Generator
Full Text
Version |
|
| Requirement & Regulatory Citation |
Full Text Requirement & Regulatory
Citation |
| Did
the CESQG generate less than or equal to 100
kg of hazardous waste in a month?.[40 CFR
Part 261.5(a)] |
A
generator is a conditionally exempt small
quantity generator in a calendar month if
he generates no more than 100 kilograms of
hazardous waste in that month.[40 CFR Part
261.5(a)] |
| Did
the CESQG generate acute hazardous waste in
excess of quantities allowed and were quantities
handled as being subject to full regulation?.[40
CFR Part 261.5(e)] |
If
a generator generates acute hazardous waste
in a calendar month in quantities greater
than set forth below, all quantities of that
acute hazardous waste are subject to full
regulation under parts 262 through 266, 268,
and parts 270 and 124 of this chapter, and
the notification requirements of section 3010
of RCRA: (1) A total of one kilogram of acute
hazardous wastes listed in 261.31, 261.32,
or 261.33(e). (2) A total of 100
kilograms of any residue or contaminated soil,
waste, or other debris resulting from the
clean-up of a spill, into or on any land or
water, of any acute hazardous wastes listed
in 261.31, 261.32, or 261.33(e). [Comment:
"Full regulation" means those regulations
applicable to generators of greater than 1,000
kg of non-acutely hazardous waste in a calendar
month.][40 CFR Part 261.5(e)] |
| Did
the CESQG comply with the requirements of
261.5(f) for acute hazardous waste generated,
so waste is excluded from full regulation?.[40
CFR Part 261.5(f)] |
In
order for acute hazardous wastes generated
by a generator of acute hazardous wastes in
quantities equal to or less than those set
forth in paragraph (e)(1)or (2) of this section
to be excluded from full regulation under
this section, the generator must comply with
the following requirements: (1) Section 262.11
of this chapter; (2) The generator may accumulate
acute hazardous waste on-site. If he accumulates
at any time acute hazardous wastes in quantities
greater than those set forth in paragraph
(e)(1) or (e)(2) of this section, all of those
accumulated wastes are subject to regulation
under parts 262 through 266, 268, and parts
270 and 124 of this chapter, and the applicable
notification requirements of section 3010
of RCRA. The time period of 262.34(a) of this
chapter, for accumulation of wastes on-site,
begins when the accumulated wastes exceed
the applicable exclusion limit; (3) A conditionally
exempt small quantity generator may either
treat or dispose of his acute hazardous waste
in an on-site facility or ensure delivery
to an off-site treatment, storage, or disposal
facility, either of which, if located in the
U.S., is: (i) Permitted under part 270 of
this chapter; (ii) In interim status under
parts 270 and 265 of this chapter; (iii) Authorized
to manage hazardous waste by a State with
a hazardous waste management program; (iv)
Permitted, licensed, or registered by a State
to manage municipal solid waste; (v) Permitted,
licensed, or registered by a State to manage
non-municipal non-hazardous waste; or (vi)
a facility which: (A) Beneficially uses or
reuses, or legitimately recycles or reclaims
its waste; or (B) Treats its waste prior to
beneficial use or reuse, or legitimate recycling
or reclamation; or (vii) For universal waste
managed under part 273 of this chapter, a
universal waste handler or destination facility
subject to the requirements of part 273 of
this chapter.[40 CFR Part 261.5(f)] |
| Did
the CESQG comply with the requirements of
261.5(g) for hazardous waste generated, so
waste is excluded from full regulation?.[40
CFR Part 261.5(g)] |
In
order for hazardous waste generated by a conditionally
exempt small quantity generator in quantities
of less than 100 kilograms of hazardous waste
during a calendar month to be excluded from
full regulation under this section, the generator
must comply with the following requirements:
(1) Section 262.11 of this chapter; (2) The
conditionally exempt small quantity generator
may accumulate hazardous waste on-site. If
he accumulates at any time more than a total
of 1000 kilograms of his hazardous wastes,
all of those accumulated wastes are subject
to regulation applicable to generators of
between 100 kg and 1000 kg of hazardous waste
in a calendar month. The time period of 262.34(d)
for accumulation of wastes on-site begins
for a conditionally exempt small quantity
generator when the accumulated wastes exceed
1000 kilograms; (3) A conditionally exempt
small quantity generator may either treat
or dispose of his hazardous waste in an on-site
facility or ensure delivery to an off-site
treatment, storage or disposal facility, either
of which, if located in the U.S., is: (i)
Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265
of this chapter; (iii) Authorized to manage
hazardous waste by a State with a hazardous
waste management program; (iv) Permitted,
licensed, or registered by a State to manage
municipal solid waste; (v) Permitted, licensed,
or registered by a State to manage non-municipal
non-hazardous waste; or (vi) A facility which:
(A) Beneficially uses or reuses, or legitimately
recycles or reclaims its waste; or (B) Treats
its waste prior to beneficial use or reuse,
or legitimate recycling or reclamation; or
(vii) For universal waste managed under part
273 of this chapter, a universal waste handler
or destination facility subject to the requirements
of part 273 of this chapter.[40 CFR Part 261.5(g)] |
| Was
CESQG hazardous waste mixed with non-hazardous
waste and did the mixture meet any of the
characteristics of hazardous waste identified
in 261 Subpart C?.[40 CFR Part 261.5(h)] |
Hazardous
waste subject to the reduced requirements
of this section may be mixed with non-hazardous
waste and remain subject to these reduced
requirements even though the resultant mixture
exceeds the quantity limitations identified
in this section, unless the mixture meets
any of the characteristics of hazardous waste
identified in subpart C.[40 CFR Part 261.5(h)] |
| Was
hazardous waste that exceeds a quantity exclusion
level mixed with a solid waste and was resultant
mixture handled as being subject to full regulation?.[40
CFR Part 261.5(i)] |
If
any person mixes a solid waste with a hazardous
waste that exceeds a quantity exclusion level
of this section, the mixture is subject to
full regulation.[40 CFR Part 261.5(i)] |
| Was
CESQG hazardous waste mixed with used oil
and was resultant mixture handled in accordance
with N.J.A.C. 7:26A-6 if it is destined to
be burned for energy recovery?.[40 CFR Part
261.5(j)] |
If
a conditionally exempt small quantity generator's
wastes are mixed with used oil, the mixture
is subject to part 279 of this chapter if
it is destined to be burned for energy recovery.
Any material produced from such a mixture
by processing, blending, or other treatment
is also so regulated if it is destined to
be burned for energy recovery.[40 CFR Part
261.5(j)] |
| Did
the generator determine if its solid waste
is hazardous?.[40 CFR 262.11] |
A
person who generates a solid waste, as defined
in 40 CFR 261.2, must determine if that waste
is a hazardous waste.[40 CFR 262.11] |
| New Jersey’s hazardous
waste regulations are found at N.J.A.C.
7:26G-1 et seq., adopted October 21, 1996
and announced at 28 NJR 4606. By this adoption,
the Department “incorporated by reference”
(with limited exception) the July 1, 1993
version of the Federal hazardous waste regulations
at 40 CFR Parts 124, 260-266, 268 and 270,
mandated by the Resource and Recovery Act
of 1976 (RCRA) and amended by the 1984 Hazardous
and Solid Waste Amendments (HSWA). Effective
January 19, 1999 the Department amended
the regulations to allow for prospective
incorporation by reference, which means
that all provisions of 40 CFR Parts 124,
260-266, 268 and 270 incorporated by reference
are continually automatically updated in
order to maintain consistency with the most
current Federal rules.
The requirements for hazardous waste
generators are specifically found at N.J.A.C.
7:26G-6 et seq., which references 40 CFR
Part 262 of the Federal regulations (with
some exceptions and/or changes).
To obtain a copy of the Hazardous Waste
Regulations from West Publishing, call (800)
588-6601. |
| Last
Updated:
April 26, 2007
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