| 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)] |
| Did the generator of greater than 100 kg but less than
1000 kg ship waste off site within 180 days?.[40
CFR 262.34(d)] |
A
generator who generates greater than 100 kilograms
but less than 1000 kilograms of hazardous
waste in a calendar month may accumulate hazardous
waste on-site for 180 days or less without
a permit or without having interim status.[40
CFR 262.34(d)] |
| Did the generator of greater than 100 kg but less than
1000 kg ensure quantity of waste never exceeds
6000 kg?.[40 CFR 262.34(d)(1)] |
A
generator who generates greater than 100 kilograms
but less than 1000 kilograms of hazardous
waste in a calendar month may accumulate hazardous
waste on-site for 180 days or less without
a permit or without having interim status
provided that the quantity of waste accumulated
on-site never exceeds 6000 kilograms.[40 CFR
262.34(d)(1)] |
| Did the generator of greater than 100 kg but less than
1000 kg comply with emergency response requirements?.[40
CFR 262.34(d)(5)] |
A
generator who generates greater than 100 kilograms
but less than 1000 kilograms of hazardous
waste in a calendar month may accumulate hazardous
waste on-site for 180 days or less without
a permit or without having interim status
provided that the generator complies with
the following requirements: (i) At all times
there must be at least one employee either
on the premises or on call (i.e., available
to respond to an emergency by reaching the
facility within a short period of time) with
the responsibility for coordinating all emergency
response measures specified in paragraph (d)(5)(iv)
of this section. This employee is the emergency
coordinator. (ii) The generator must post
the following information next to the telephone:
(A) The name and telephone number of the emergency
coordinator; (B) Location of fire extinguishers
and spill control material, and, if present,
fire alarm; and (C) The telephone number of
the fire department, unless the facility has
a direct alarm. (iii) The generator
must ensure that all employees are thoroughly
familiar with proper waste handling and emergency
procedures, relevant to their responsibilities
during normal facility operations and emergencies;
(iv) The emergency coordinator or his designee
must respond to any emergencies that arise.[40
CFR 262.34(d)(5)] |
| Did the generator of greater than 100 kg but less than
1000 kg of hazardous waste, who transports
his waste over 200 miles, ship waste off site
within 270 days?.[40 CFR 262.34(e)] |
A
generator who generates greater than 100 kilograms
but less than 1000 kilograms of hazardous
waste in a calendar month and who must transport
his waste, or offer his waste for transportation,
over a distance of 200 miles or more for off-site
treatment, storage or disposal may accumulate
hazardous waste on-site for 270 days or less
without a permit or without having interim
status provided that he complies with the
requirements of paragraph (d) of this section.[40
CFR 262.34(e)] |
| Did the generator of greater than 100 kg but less than
1000 kg of hazardous waste, who exceeds the
accumulation quantity or period, comply with
the disposal facility requirements?.[40 CFR
262.34(f)] |
A
generator who generates greater than 100 kilograms
but less than 1000 kilograms of hazardous
waste in a calendar month and who accumulates
hazardous waste in quantities exceeding 6000
kg or accumulates hazardous waste for more
than 180 days (or for more than 270 days if
he must transport his waste, or offer his
waste for transportation, over a distance
of 200 miles or more) is an operator of a
storage facility and is subject to the requirements
of 40 CFR parts 264 and 265 and the permit
requirements of 40 CFR part 270 unless he
has been granted an extension to the 180-day
(or 270-day if applicable) period.[40 CFR
262.34(f)] |
| *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)] |
| Did the generator of greater than 100 kg but less than
1000 kg of hazardous waste comply with exception
reporting requirements?.[40 CFR 262.42(b)] |
A
generator of greater than 100 kilograms but
less than 1000 kilograms of hazardous waste
in a calendar month who does not receive a
copy of the manifest with the handwritten
signature of the owner or operator of the
designated facility within 60 days of the
date the waste was accepted by the initial
transporter must submit a legible copy of
the manifest, with some indication that the
generator has not received confirmation of
delivery, to the EPA Regional Administrator
for the Region in which the generator is located.[40
CFR 262.42(b)] |
| *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)] |
