| Requirement & Regulatory Citation |
Full Text Requirement & Regulatory
Citation |
| *GENERATOR REQUIREMENTS |
*GENERATOR
REQUIREMENTS |
| 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] |
| Did
the generator obtain an EPA ID number?.[40
CFR 262.12(a)] |
A
generator must not treat, store, dispose of,
transport, or offer for transportation, hazardous
waste without having received an EPA identification
number from the Administrator.[40 CFR 262.12(a)] |
| Does the generator offer hazardous waste to a transporter
or TSD that has an EPA ID number and/or is
properly licensed and registered with the
Department?. [40 CFR 262.12(c)] |
A
generator must not offer his hazardous waste
to transporters or to treatment, storage,
or disposal facilities that have not received
an EPA identification number. It
is considered a violation for a generator
to utilize a transporter who is not properly
licensed and registered with the Department
in accordance with N.J.A.C. 7:26G-7.2 and/or
who fails to display a current Department
registration number in accordance with N.J.A.C.
7:26-7.2(b)6. [40 CFR 262.12(c)] |
| *THE MANIFEST |
*THE
MANIFEST |
| Did
the generator prepare a manifest before transporting
or offering for transport hazardous waste
off-site?.[40 CFR 262.20(a)] |
A
generator who transports, or offers for transportation,
hazardous waste for offsite treatment, storage,
or disposal must prepare a Manifest OMB control
number 2050-0039 on EPA form 8700-22, and,
if necessary, EPA form 8700-22A, according
to the instructions included in the appendix
to part 262 for EPA form 8700-22A, and for
EPA form 8700-22, according to the instructions
in the appendix to N.J.A.C. 7:26G-6. If
an out-of-state manifest is used, the generator
shall complete items A-K of the manifest even
if the instructions on the back of the out-of-state
manifest do not address these shaded portions.[40
CFR 262.20(a)] |
| Did
the generator designate an authorized facility
on the manifest?.[40 CFR 262.20(b)] |
A
generator must designate on the manifest one
facility which is permitted to handle the
waste described on the manifest.[40 CFR 262.20(b)] |
| Did
the generator designate an alternate facility
or accept waste back in the event the transporter
could not deliver the waste?.[40 CFR 262.20(d)] |
If
the transporter is unable to deliver the hazardous
waste to the designated facility or the alternate
facility, the generator must either designate
another facility or instruct the transporter
to return the waste.[40 CFR 262.20(d)] |
| Did
the generator use approved manifest forms
from the Department for intrastate shipments
of hazardous waste in New Jersey or for hazardous
waste originating in another state destined
for New Jersey?.[40 CFR 262.21(a)] |
If
the State to which the shipment is manifested
(consignment State) supplies the manifest
and requires its use, then the generator must
use that manifest. If the consignment State
for the shipment is New Jersey, the generator
shall use the manifest supplied by the Department.[40
CFR 262.21(a)] |
| Did
the generator use approved manifest forms
for hazardous waste originating in New Jersey
and destined for another state?.[40 CFR 262.21(b)] |
If
the consignment State does not supply the
manifest, but the State in which the generator
is located (generator State) supplies the
manifest and requires its use, then the generator
must use that State's manifest. In these situations,
the generator shall use the manifest supplied
by the Department.[40 CFR 262.21(b)] |
| Did
the generator sign the manifest?.[40 CFR 262.23(a)(1)] |
The
generator must sign the manifest certification
by hand.[40 CFR 262.23(a)(1)] |
| Did
the generator obtain the signature of initial
transporter and date of acceptance on the
manifest?.[40 CFR 262.23(a)(2)] |
The
generator must obtain the handwritten
signature of the initial transporter and date
of acceptance on the manifest.[40 CFR 262.23(a)(2)] |
| Did
the generator retain one copy of manifest
or forward one copy to the state of origin
or one to the state of destination?.[40 CFR
262.23(a)(3)] |
The
generator must retain one copy,
in accordance with 262.40(a) and forward one
copy to the generator State and one copy to
the Consignment State.[40 CFR 262.23(a)(3)] |
| Did
the generator supply the transporter with
remaining copies of manifest?.[40 CFR 262.23(b)] |
The
generator must give the transporter the remaining
copies of the manifest.[40 CFR 262.23(b)] |
| Did
the generator shipping hazardous waste within
the U.S. solely by water send 3 copies of
the manifest form signed and dated to the
owner or operator of the designated facility
or last water transporter in the U.S.?.[40
CFR 262.23(c)] |
For
shipments of hazardous waste within the United
States solely by water (bulk shipments only),
the generator must send three copies of the
manifest dated and signed in accordance with
this section to the owner or operator of the
designated facility or the last water (bulk
shipment) transporter to handle the waste
in the United States if exported by water.
Copies of the manifest are not required for
each transporter.[40 CFR 262.23(c)] |
| Did
the generator send at least 3 copies of the
signed and dated manifest for rail shipments
of hazardous waste within the U.S. to next
non-rail transporter, designated facility,
or last rail transporter in the U.S.?.[40
CFR 262.23(d)] |
For
rail shipments of hazardous waste within the
United States which originate at the site
of generation, the generator must send at
least three copies of the manifest dated and
signed in accordance with this section to:
(1) The next non-rail transporter, if any;
or (2) The designated facility if transported
solely by rail; or (3) The last rail transporter
to handle the waste in the United States if
exported by rail.[40 CFR 262.23(d)] |
| *PRE-TRANSPORT REQUIREMENTS |
*PRE-TRANSPORT REQUIREMENTS |
| Did
the generator package hazardous waste in accordance
with 49 C.F.R. Parts 173, 178, and 179?.[40
CFR 262.30] |
Before
transporting hazardous waste or offering hazardous
waste for transportation off-site, a generator
must package the waste in accordance with
the applicable Department of Transportation
regulations on packaging under 49 CFR parts
173, 178, and 179.[40 CFR 262.30] |
| Did
the generator label each package of hazardous
waste in accordance with 49 C.F.R. Part 172?.[40
CFR 262.31] |
Before
transporting or offering hazardous waste for
transportation off-site, a generator must
label each package in accordance with the
applicable Department of Transportation regulations
on hazardous materials under 49 CFR part 172.[40
CFR 262.31] |
| Did
the generator mark packages of hazardous waste
in accordance with 49 C.F.R. Part 172?.[40
CFR 262.32(a)] |
Before
transporting or offering hazardous waste for
transportation off-site, a generator must
mark each package of hazardous waste in accordance
with the applicable Department of Transportation
regulations on hazardous materials under 49
CFR part 172[40 CFR 262.32(a)] |
| Did
the generator mark each container of hazardous
waste with the proper wording or to display
the wording in accordance with 49 C.F.R. 172.304?.[40
CFR 262.32(b)] |
Before
transporting hazardous waste or offering hazardous
waste for transportation off-site, a generator
must mark each container of 119 gallons or
less used in such transportation with the
following words and information displayed
in accordance with the requirements of 49
CFR 172.304:HAZARDOUS WASTE-Federal and/or
State Law Prohibits Improper Disposal. If
found, contact the nearest police or public
safety authority or the U.S. Environmental
Protection Agency or the New Jersey Department
of Environmental Protection Agency. Generator's
Name and Address. State Manifest Document
Number .[40 CFR 262.32(b)] |
| Did
the generator placard or offer appropriate
placard for a vehicle containing hazardous
waste in accordance with 49 C.F.R. Part 172,
Subpart F?.[40 CFR 262.33] |
Before
transporting hazardous waste or offering hazardous
waste for transportation off-site, a generator
must placard or offer the initial transporter
the appropriate placards according to Department
of Transportation regulations for hazardous
materials under 49 CFR part 172, subpart F.[40
CFR 262.33] |
| Did
the generator clearly mark container with
date when accumulation period begins?.[40
CFR 262.34(a)(2)] |
The
date upon which each period of accumulation
begins is clearly marked and visible for inspection
on each container.[40 CFR 262.34(a)(2)] |
| Did
the generator make mark visible for inspection?.[40
CFR 262.34(a)(2*)] |
The
date upon which each period of accumulation
begins is clearly marked and visible for inspection
on each container.[40 CFR 262.34(a)(2*)] |
| Did
the generator clearly mark each container
or tank with the words "Hazardous Waste"?.[40
CFR 262.34(a)(3)] |
While
being accumulated on-site, each container
and tank is labeled or marked clearly with
the words, "Hazardous Waste".[40 CFR 262.34(a)(3)] |
| *RECORDKEEPING AND REPORTING |
*RECORDKEEPING AND REPORTING |
| Did
the generator keep copy of manifest for 3
years?.[40 CFR 262.40(a)] |
A
generator must keep a copy of each manifest
signed in accordance with 262.23(a) for three
years and a signed copy from the owner or
operator of the designated facility which
received the waste. This signed copy must
be retained as a record for at least three
years from the date the waste was accepted
by the initial transporter.[40 CFR 262.40(a)] |
| Did
the generator keep records of any test results,
waste analyses, or other determinations for
3 years?.[40 CFR 262.40(c)] |
A
generator must keep records of any test results,
waste analyses, or other determinations made
in accordance with 262.11 for at least three
years from the date that the waste was last
sent to on-site or off-site treatment, storage,
or disposal.[40 CFR 262.40(c)] |
| Did
the generator keep copies of required records
during the course of unresolved enforcement
action or as requested by the Department?.[40
CFR 262.40(d)] |
The
periods of retention referred to in this section
are extended automatically during the course
of any unresolved enforcement action regarding
the regulated activity or as requested by
the Commissioner.[40 CFR 262.40(d)] |
| *STATE ONLY GENERATOR REQUIREMENTS |
*STATE
ONLY GENERATOR REQUIREMENTS |
| Does the generator properly complete the manifest?.[N.J.A.C.
7:26G-6.1(c)5] |
A
generator who transports, or offers for transportation,
hazardous waste for offsite treatment, storage,
or disposal must prepare a Manifest OMB control
number 2050-0039 on EPA form 8700-22, and,
if necessary, EPA form 8700-22A, according
to the instructions included in the appendix
to part 262 for EPA form 8700-22A, and for
EPA form 8700-22, according to the instructions
in the appendix to N.J.A.C. 7:26G-6. If
an out-of-state manifest is used, the generator
shall complete items A-K of the manifest even
if the instructions on the back of the out-of-state
manifest do not address these shaded portions.[N.J.A.C.
7:26G-6.1(c)5] |
| Did
the generator use proper waste code(s) that
accurately describe the shipment of hazardous
waste, determined according to the waste hierarchy?.[N.J.A.C.
7:26G-6.2] |
The
proper waste code(s) that accurately describe
the shipment of hazardous waste shall be entered
on the Hazardous Waste Manifest and determined
according to the following hierarchy.[N.J.A.C.
7:26G-6.2] |
| Did
the transporter contact generator for instructions
or did the generator give transporter instructions
when a facility immediately rejects all or
part of a shipment of hazardous waste or the
transporter is unable to deliver the hazardous
waste to the designated facility?.[N.J.A.C.
7:26G-6.3(a)1] |
If
all or part of a shipment of hazardous waste
is rejected by a hazardous waste facility
or if a transporter is unable to deliver a
shipment of hazardous waste to the designated
hazardous waste facility, the hazardous waste
facility owner or operator, the transporter,
and the generator shall comply with the following
requirements: If all or part of the shipment
of hazardous waste is immediately rejected
by the hazardous waste facility or if the
transporter is unable to deliver the shipment
of hazardous waste to the designated hazardous
waste facility, the transporter shall contact
the generator, who shall instruct the transporter
to return the shipment to the generator or
to deliver the shipment to an alternate hazardous
waste facility.[N.J.A.C. 7:26G-6.3(a)1] |
| Did
the generator comply with manifest requirements
for shipments of hazardous waste returned
to the generator?.[N.J.A.C. 7:26G-6.3(a)1i] |
If
the shipment of hazardous waste is returned
to the generator, the Manifest
shall be completed as follows: (1) In the
Discrepancy Indication space of the Manifest,
the facility operator shall indicate the reasons(s)
for the rejection and that the waste is to
be returned to the generator. The facility
operator shall complete, sign and date the
Certification of Receipt (Section 20) on the
Manifest; (2) The transporter shall receive
manifest copies 1, 2, 3, and 5 from the facility
operator and shall return the shipment to
the generator. The facility operator shall
retain manifest copy 4; (3) The generator,
upon receiving the rejected shipment, shall
certify the return receipt (signature and
date) in the Special Handling Instructions
and Additional Information section of the
Manifest; (4) The generator shall then distribute
manifest copies 1, 2, 3, and 5 as indicated
on the form, except that if the shipment was
rejected by an out-of-state facility which
did not return the manifest copies 1, 2, 3,
and 5, the generator shall notify the consignment
state and the generator state of receipt of
the waste and shall provide those states with
a photocopy of the generator's manifest copy;
and (5) The generator shall arrange
to dispose of the waste at an authorized facility
using another manifest in accordance with
this subchapter.[N.J.A.C. 7:26G-6.3(a)1i] |
| Did
the generator comply with manifest requirements
when a facility rejects all or part of a shipment
of hazardous waste and the manifest has been
distributed by the facility?.[N.J.A.C. 7:26G-6.3(a)2] |
If
a hazardous waste facility rejects all or
part of a shipment of hazardous waste after
the Manifest has been distributed
by the facility, the hazardous waste facility
owner or operator, the transporter, and the
generator shall comply with the following
requirements: i. The owner or operator of
the hazardous waste facility shall describe
the nature of the rejection in Section 19
of the facility's manifest copy; ii. The owner
or operator of the hazardous waste facility
shall ship the waste to the generator with
three photocopies of the revised manifest,
each copy to be signed by the owner or operator,
the transporter returning the hazardous waste
to the generator, and the generator; iii.
The generator shall retain one copy of the
revised signed manifest, return one copy to
the transporter returning the hazardous waste
to the generator, and return one copy to the
owner or operator of the hazardous waste facility;
iv. The owner or operator shall notify the
generator state and the consignment state
of the rejection by sending to each state
a photocopy of the revised signed manifest
copy, returned to the owner or operator by
the generator in accordance with (a)2iii above,
showing that the generator received the waste;
and v. The owner or operator, the
generator, and the transporter returning the
hazardous waste to the generator shall each
retain a copy of the revised, signed manifest.[N.J.A.C.
7:26G-6.3(a)2] |
| *PREPAREDNESS AND PREVENTION |
*PREPAREDNESS
AND PREVENTION |
| Did
the facility maintain or operate facility
to minimize possibilities of fire, explosion
or releases of hazardous waste or hazardous
waste constituents?.[40 CFR 265.31] |
Facilities
must be maintained and operated to minimize
the possibility of a fire, explosion, or any
unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents
to air, soil, or surface water which could
threaten human health or the environment.[40
CFR 265.31] |
| Was
the facility equipped with emergency equipment?.[40
CFR 265.32] |
All
facilities must be equipped with the following,
unless none of the hazards posed by waste
handled at the facility could require a particular
kind of equipment specified below: (a)
An internal communications or alarm system
capable of providing immediate emergency instruction
(voice or signal) to facility personnel; (b)
A device, such as a telephone (immediately
available at the scene of operations) or a
hand-held two-way radio, capable of summoning
emergency assistance from local police departments,
fire departments, or State or local emergency
response teams; (c) Portable fire
extinguishers, fire control equipment (including
special extinguishing equipment, such as that
using foam, inert gas, or dry chemicals),
spill control equipment, and decontamination
equipment; and (d) Water at adequate
volume and pressure to supply water hose streams,
or foam producing equipment, or automatic
sprinklers, or water spray systems.[40 CFR
265.32] |
| Did
the facility test and maintain emergency equipment?.[40
CFR 265.33] |
All
facility communications or alarm systems,
fire protection equipment, spill control equipment,
and decontamination equipment, where required,
must be tested and maintained as necessary
to assure its proper operation in time of
emergency.[40 CFR 265.33] |
| Did
the facility maintain access to communications
or alarm system?.[40 CFR 265.34] |
Whenever
hazardous waste is being poured, mixed, spread,
or otherwise handled, all personnel involved
in the operation must have immediate access
to an internal alarm or emergency communication
device, either directly or through visual
or voice contact with another employee, unless
such a device is not required under 265.32.[40
CFR 265.34] |
| Did
the facility maintain sufficient aisle space
for the unobstructed movement of personnel
or equipment in an emergency?.[40 CFR 265.35] |
The
owner or operator must maintain aisle space
to allow the unobstructed movement of personnel,
fire protection equipment, spill control equipment,
and decontamination equipment to any area
of facility operation in an emergency, unless
aisle space is not needed for any of these
purposes.[40 CFR 265.35] |
| Did
the facility make required arrangements with
police or fire departments, emergency response
contractors, equipment suppliers, or local
hospitals, or document any such authority's
refusal of such arrangements?.[40 CFR 265.37] |
The
owner or operator must attempt to make the
following arrangements, as appropriate for
the type of waste handled at his facility
and the potential need for the services of
these organizations: (1) Arrangements
to familiarize police, fire departments, and
emergency response teams with the layout of
the facility, properties of hazardous waste
handled at the facility and associated hazards,
places where facility personnel would normally
be working, entrances to roads inside the
facility, and possible evacuation routes; (2)
Where more than one police and fire department
might respond to an emergency, agreements
designating primary emergency authority to
a specific police and a specific fire department,
and agreements with any others to provide
support to the primary emergency authority; (3)
Agreements with State emergency response teams,
emergency response contractors, and equipment
suppliers; and (4) Arrangements
to familiarize local hospitals with the properties
of hazardous waste handled at the facility
and the types of injuries or illnesses which
could result from fires, explosions, or releases
at the facility. (b) Where State
or local authorities decline to enter into
such arrangements, the owner or operator must
document the refusal in the operating record.[40
CFR 265.37] |
| *USE AND MANAGEMENT OF CONTAINERS |
*USE
AND MANAGEMENT OF CONTAINERS |
| Did
the facility handle hazardous waste in containers
of good condition?.[40 CFR 265.171] |
If
a container holding hazardous waste is not
in good condition, or if it begins to leak,
the owner or operator must transfer the hazardous
waste from this container to a container that
is in good condition, or manage the waste
in some other way that complies with the requirements
of this part.[40 CFR 265.171] |
| Did
the facility use container compatible with
hazardous waste stored?.[40 CFR 265.172] |
The
owner or operator must use a container made
of or lined with materials which will not
react with, and are otherwise compatible with,
the hazardous waste to be stored, so that
the ability of the container to contain the
waste is not impaired.[40 CFR 265.172] |
| Did
the facility comply with requirements for
the management of containers?.[40 CFR 265.173] |
A
container holding hazardous waste must always
be closed during storage, except when it is
necessary to add or remove waste. A
container holding hazardous waste must not
be opened, handled, or stored in a manner
which may rupture the container or cause it
to leak.[40 CFR 265.173] |
| Did
the facility perform inspection of each area
where containers are stored?.[40 CFR 265.174] |
The
owner or operator must inspect areas where
containers are stored, at least weekly, looking
for leaks and for deterioration caused by
corrosion or other factors.[40 CFR 265.174] |
| Did
the facility comply with each of the special
requirements for incompatible wastes?.[40
CFR 265.177] |
Incompatible
wastes, or incompatible wastes and materials,
(see appendix V for examples) must not be
placed in the same container, unless 265.17(b)
is complied with. (b) Hazardous waste must
not be placed in an unwashed container that
previously held an incompatible waste or material
(see appendix V for examples), unless 265.17(b)
is complied with. (c) A storage
container holding a hazardous waste that is
incompatible with any waste or other materials
stored nearby in other containers, piles,
open tanks, or surface impoundments must be
separated from the other materials or protected
from them by means of a dike, berm, wall,
or other device.[40 CFR 265.177] |
| *LAND DISPOSAL RESTRICTIONS - GENERAL |
*LAND
DISPOSAL RESTRICTIONS - GENERAL |
| Did
the generator ensure that a restricted waste
is not in any way diluted as a substitute
for treatment?.[40 CFR 268.3(a)] |
Except
as provided in paragraph (b) of this section,
no generator, transporter, handler, or owner
or operator of a treatment, storage, or disposal
facility shall in any way dilute a restricted
waste or the residual from treatment of a
restricted waste as a substitute for adequate
treatment to achieve compliance with subpart
D of this part, to circumvent the effective
date of a prohibition in subpart C of this
part, to otherwise avoid a prohibition in
subpart C of this part, or to circumvent a
land disposal prohibition imposed by RCRA
section 3004.[40 CFR 268.3(a)] |
| Did
the generator determine if the hazardous waste
is restricted from land disposal?.[40 CFR
268.7(a)(1)] |
A
generator of hazardous waste must determine
if the waste has to be treated before it can
be land disposed. This is done by determining
if the hazardous waste meets the treatment
standards in 268.40, 268.45, or 268.49. This
determination can be made in either of two
ways: testing the waste or using knowledge
of the waste. If the generator tests the waste,
testing would normally determine the total
concentration of hazardous constituents, or
the concentration of hazardous constituents
in an extract of the waste obtained using
test method 1311 in "Test Methods of Evaluating
Solid Waste, Physical/Chemical Methods," EPA
Publication SW-846, as referenced in 260.11
of this chapter, depending on whether the
treatment standard for the waste is expressed
as a total concentration or concentration
of hazardous constituent in the waste's extract.
In addition, some hazardous wastes must be
treated by particular treatment methods before
they can be land disposed and some soils are
contaminated by such hazardous wastes. These
treatment standards are also found in 268.40,
and are described in detail in 268.42, Table
1. These wastes, and soils contaminated with
such wastes, do not need to be tested (however,
if they are in a waste mixture, other wastes
with concentration level treatment standards
would have to be tested). If a generator determines
they are managing a waste or soil contaminated
with a waste, that displays a hazardous characteristic
of ignitability, corrosivity, reactivity,
or toxicity, they must comply with the special
requirements of 268.9 of this part in addition
to any applicable requirements in this section.[40
CFR 268.7(a)(1)] |
| Did
the generator send a one-time written notice
with the initial waste shipment to the treatment
or storage facility when the waste does not
meet the treatment standard or place a copy
in the file?.[40 CFR 268.7(a)(2)] |
If
the waste or contaminated soil does not meet
the treatment standard: With the initial shipment
of waste to each treatment or storage facility,
the generator must send a one-time written
notice to each treatment or storage facility
receiving the waste, and place a copy in the
file. The notice must include the information
in column "268.7(a)(2)" of the Generator Paperwork
Requirements Table in 268.7(a)(4). No further
notification is necessary until such time
that the waste or facility change, in which
case a new notification must be sent and a
copy placed in the generator's file.[40 CFR
268.7(a)(2)] |
| Did
the generator send a one-time written notice
and certification with the initial waste shipment
to the treatment, storage, or disposal facility
when the waste meets the treatment standard
or place a copy in the file?.[40 CFR 268.7(a)(3)] |
If
the waste or contaminated soil meets the treatment
standard at the original point of generation:
(i) With the initial shipment of waste to
each treatment, storage, or disposal facility,
the generator must send a one-time written
notice to each treatment, storage, or disposal
facility receiving the waste, and place a
copy in the file. The notice must include
the information indicated in column "268.7(a)(3)"
of the Generator Paperwork Requirements Table
in 268.7(a)(4) and the following certification
statement, signed by an authorized representative:
"I certify under penalty of law that I personally
have examined and am familiar with the waste
through analysis and testing or through knowledge
of the waste to support this certification
that the waste complies with the treatment
standards specified in 40 CFR part 268 subpart
D. I believe that the information I submitted
is true, accurate, and complete. I am aware
that there are significant penalties for submitting
a false certification, including the possibility
of a fine and imprisonment. " (ii) For contaminated
soil, with the initial shipment of wastes
to each treatment, storage, or disposal facility,
the generator must send a one-time written
notice to each facility receiving the waste
and place a copy in the file. The notice must
include the information in " 268.7(a)(3) of
the Generator Paperwork Requirements Table
in 268.7(a)(4).[40 CFR 268.7(a)(3)] |
| Did
the generator of waste exempt from meeting
treatment standards before being land disposed
send a one-time written notice with the initial
waste shipment to the land disposal facility
or place a copy in the file?.[40 CFR 268.7(a)(4)] |
For
reporting, tracking, and recordkeeping when
exceptions allow certain wastes or contaminated
soil that do not meet the treatment standards
to be land disposed: There are certain exemptions
from the requirement that hazardous wastes
or contaminated soil meet treatment standards
before they can be land disposed. These include,
but are not limited to case-by-case extensions
under 268.5, disposal in a no-migration unit
under 268.6, or a national capacity variance
or case-by-case capacity variance under subpart
C of this part. If a generator's waste is
so exempt, then with the initial shipment
of waste, the generator must send a one-time
written notice to each land disposal facility
receiving the waste. The notice must include
the information indicated in column "268.7(a)(4)"
of the Generator Paperwork Requirements Table
below. If the waste changes, the generator
must send a new notice to the receiving facility,
and place a copy in their files.[40 CFR 268.7(a)(4)] |
| Did
the generator who is managing and treating
prohibited waste develop and follow a written
waste analysis plan or keep plan on site?.[40
CFR 268.7(a)(5)] |
If
a generator is managing and treating prohibited
waste or contaminated soil in tanks, containers,
or containment buildings regulated under 40
CFR 262.34 to meet applicable LDR treatment
standards found at 268.40, the generator must
develop and follow a written waste analysis
plan which describes the procedures they will
carry out to comply with the treatment standards.
(Generators treating hazardous debris under
the alternative treatment standards of Table
1, 268.45, however, are not subject to these
waste analysis requirements.) The plan must
be kept on site in the generator's records,
and the following requirements must be met:
(i) The waste analysis plan must be based
on a detailed chemical and physical analysis
of a representative sample of the prohibited
waste(s) being treated, and contain all information
necessary to treat the waste(s) in accordance
with the requirements of this part, including
the selected testing frequency. (ii) Such
plan must be kept in the facility's on-site
files and made available to inspectors. (iii)
Wastes shipped off-site pursuant to this paragraph
must comply with the notification requirements
of 268.7(a)(3).[40 CFR 268.7(a)(5)] |
| Did
the generator retain on site all data used
to determine if a waste is restricted?.[40
CFR 268.7(a)(6)] |
If
a generator determines that the waste or contaminated
soil is restricted based solely on his knowledge
of the waste, all supporting data used to
make this determination must be retained on-site
in the generator's files. If a generator determines
that the waste is restricted based on testing
this waste or an extract developed using the
test method 1311 in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods," EPA
Publication SW-846, as referenced in 260.11
of this chapter, and all waste analysis data
must be retained on-site in the generator's
files.[40 CFR 268.7(a)(6)] |
| Did
the generator keep a one-time notice on site
stating that he is managing a restricted waste
that is excluded from the definition of hazardous
or solid waste subsequent to the point of
generation and noting the disposition of the
waste?.[40 CFR 268.7(a)(7)] |
If
a generator determines that he is managing
a prohibited waste that is excluded from the
definition of hazardous or solid waste or
is exempted from Subtitle C regulation under
40 CFR 261.2 through 261.6 subsequent to the
point of generation (including deactivated
characteristic hazardous wastes managed in
wastewater treatment systems subject to the
Clean Water Act (CWA) as specified at 40 CFR
261.4(a)(2) or that are CWA-equivalent, or
are managed in an underground injection well
regulated by the SDWA), he must place a one-time
notice describing such generation, subsequent
exclusion from the definition of hazardous
or solid waste or exemption from RCRA Subtitle
C regulation, and the disposition of the waste,
in the facility's on-site files.[40 CFR 268.7(a)(7)] |
| Did
the generator retain documentation required
by 268.7 for 3 years or longer during the
course of any unresolved enforcement action
or as requested by the Department?.[40 CFR
268.7(a)(8)] |
Generators
must retain on-site a copy of all notices,
certifications, waste analysis data, and other
documentation produced pursuant to this section
for at least three years from the date that
the waste that is the subject of such documentation
was last sent to on-site or off-site treatment,
storage, or disposal. The three year record
retention period is automatically extended
during the course of any unresolved enforcement
action regarding the regulated activity or
as requested by the Administrator. The requirements
of this paragraph apply to solid wastes even
when the hazardous characteristic is removed
prior to disposal, or when the waste is excluded
from the definition of hazardous or solid
waste under 40 CFR 261.2 through 261.6, or
exempted from Subtitle C regulation, subsequent
to the point of generation.[40 CFR 268.7(a)(8)] |
| Did
the generator using the alternative treatment
standards for lab packs send a one-time written
|
