Requirement & Regulatory
Citation |
Full Text Requirement & Regulatory
Citation |
| *UNIVERSAL WASTE-LARGE QUANTITY HANDLER REQUIREMENTS |
*UNIVERSAL
WASTE-LARGE QUANTITY HANDLER REQUIREMENTS |
| Did the large quantity handler of universal waste dispose
of universal waste?.[N.J.A.C. 7:26A-7.3(b)1] |
A
large quantity handler of universal waste
is prohibited from disposing of universal
waste[N.J.A.C. 7:26A-7.3(b)1] |
| Did the large quantity handler of universal waste dilute
or treat universal waste, except by responding
to releases or by managiong specific wastes?.[N.J.A.C.
7:26A-7.3(b)2] |
A
large quantity handler of universal waste
is prohibited from diluting or treating universal
waste, except by responding to releases as
provided in (h) below, or by managing specific
wastes as provided in (d) below[N.J.A.C. 7:26A-7.3(b)2] |
| Did the large quantity handler of universal waste send
written notification to the Department and/or
receive an EPA Identification Number prior
to meeting or exceeding the 5,000 kg storage
limit?.[N.J.A.C. 7:26A-7.3(c)1] |
Except
as provided in (c)2 and 3 below, a large quantity
handler of universal waste shall have sent
written notification of universal waste management
to the Department, and received a USEPA Identification
Number, before meeting or exceeding the 5,000
kilogram storage limit[N.J.A.C. 7:26A-7.3(c)1] |
| Did the large quantity handler of universal waste include
all information on the written notification
to the Department?.[N.J.A.C. 7:26A-7.3(c)4] |
This
notification shall include: the universal
waste handler's name and mailing address;
the name and business telephone number of
the person at the universal waste handler's
site who should be contacted regarding universal
waste management activities; the address or
physical location of the universal waste management
activities; a list of all of the types of
universal waste managed by the handler (for
example, batteries, pesticides, thermostats);
and a statement indicating that the handler
is accumulating more than 5,000 kilograms
of universal waste at one time and the types
of universal waste (for example, batteries,
pesticides, thermostats) the handler is accumulating
above this quantity.[N.J.A.C. 7:26A-7.3(c)4] |
| Are universal waste thermostats manged in a manner which
prevents releases to the environment?.[N.J.A.C.
7:26A-7.3(d)3] |
A
large quantity handler of universal waste
shall manage universal waste thermostats in
a way that prevents releases of any universal
waste or component of a universal waste to
the environment[N.J.A.C. 7:26A-7.3(d)3] |
| Are universal waste thermostats which show evidence of
leakage, spillage or damage, contained in
an appropriate container?.[N.J.A.C. 7:26A-7.3(d)3i] |
A
large quantity handler of universal waste
shall contain any universal waste thermostat
that shows evidence of leakage, spillage,
or damage that could cause leakage under reasonably
foreseeable conditions in a container. The
container shall be closed, structurally sound,
compatible with the contents of the thermostat,
and shall lack evidence of leakage, spillage,
or damage that could cause leakage under reasonably
foreseeable conditions;[N.J.A.C. 7:26A-7.3(d)3i] |
| Are mercury containing ampules properly removed from
universal waste thermostats?.[N.J.A.C. 7:26A-7.3(d)3ii] |
A
large quantity handler of universal waste
may remove mercury-containing ampules from
universal waste thermostats provided the handler
removes the ampules in a manner designed to
prevent breakage of the ampules; removes ampules
only over or in a containment device (for
example, tray or pan sufficient to contain
any mercury released from an ampule in case
of breakage); ensures that a mercury clean-up
system is readily available to immediately
transfer any mercury resulting from spills
or leaks from broken ampules, from the containment
device to a container that meets the requirements
of 40 C.F.R. 262.34 as incorporated by reference
at N.J.A.C. 7:26G-6; immediately transfers
any mercury resulting from spills or leaks
from broken ampules from the containment device
to a container that meets the requirements
of 40 C.F.R. 262.34 as incorporated by reference
at N.J.A.C. 7:26G-6; ensures that the area
in which ampules are removed is well ventilated
and monitored to ensure compliance with applicable
OSHA permissible exposure levels for mercury;
ensures that employees removing ampules are
thoroughly familiar with proper mercury waste
handling and emergency procedures, including
transfer of mercury from containment devices
to appropriate containers; stores removed
ampules in closed, non-leaking containers
that are in good condition; and packs removed
ampules in the container with packing materials
adequate to prevent breakage during storage,
handling, and transportation[N.J.A.C. 7:26A-7.3(d)3ii] |
| Did the large quantity handler of universal waste who
removes mercury-containing ampules from thermostats
determine whether it exhibits a characteristic
of hazardous waste?.[N.J.A.C. 7:26A-7.3(d)3iii(1)] |
A
large quantity handler of universal waste
who removes mercury-containing ampules from
thermostats shall determine whether the following
exhibit a characteristic of hazardous waste
identified in 40 C.F.R. Part 261,
subpart C as incorporated by reference at
N.J.A.C. 7:26G-5: mercury or clean-up residues
resulting from spills or leaks; and other
solid waste generated as a result of the removal
of mercury-containing ampules (for example,
remaining thermostat units).[N.J.A.C. 7:26A-7.3(d)3iii(1)] |
| Did the large quantity handler of universal waste manage
mercury, residues, and/or solid waste which
exhibit hazardous characteristics in compliance
with all applicable requirements of N.J.A.C.
7:26G?.[N.J.A.C. 7:26A-7.3(d)3iii(2)] |
If
the mercury, residues, and/or other solid
waste exhibit a characteristic of hazardous
waste, it shall be managed in compliance with
all applicable requirements of N.J.A.C. 7:26G.
The handler is considered the generator of
the mercury, residues, and/or other waste
and is subject to the hazardous waste management
requirements N.J.A.C. 7:26G-6[N.J.A.C. 7:26A-7.3(d)3iii(2)] |
| Did the large quantity handler of universal waste manage
mercury, residues, and/or other solid waste
which is not hazardous in any way that is
in compliance with N.J.A.C. 7:26?.[N.J.A.C.
7:26A-7.3(d)3iii(3)] |
If
the mercury, residues, and/or other solid
waste is not hazardous, the handler may manage
the waste in any way that is in compliance
with N.J.A.C. 7:26.[N.J.A.C. 7:26A-7.3(d)3iii(3)] |
| Are universal waste thermostats or containers in which
the thermostats are contained properly labeled
or marked clearly with the words "Universal
Waste-Mercury Thermostat(s)" or "Waste Mercury
Thermostat(s)" or "Used Mercury
Thermostat(s)"?.[N.J.A.C. 7:26A-7.3(e)4] |
Universal
waste thermostats (that is, each thermostat),
or a container or tank in which the thermostats
are contained, shall be labeled or marked
clearly with any one of the following phrases:
"Universal Waste-Mercury Thermostat(s)," or
"Waste Mercury Thermostat(s)," or "Used Mercury
Thermostat(s)".[N.J.A.C. 7:26A-7.3(e)4] |
| Did a large quantity handler of universal waste accumulate
such waste for longer than one year from the
date the universal waste is generated or received
from another handler?.[N.J.A.C. 7:26A-7.3(f)1] |
A
large quantity handler of universal waste
may accumulate universal waste for no longer
than one year from the date the universal
waste is generated, or received from another
handler, unless the requirements of (f)2 below
are met[N.J.A.C. 7:26A-7.3(f)1] |
| Solely for the purpose of accumulation of such quantities
of universal waste as necessary to facilitate
proper recovery, treatment, or disposal, were
universal wastes accumulated for greater than
one year?.[N.J.A.C. 7:26A-7.3(f)2] |
A
large quantity handler of universal waste
may accumulate universal waste for longer
than one year from the date the universal
waste is generated, or received from another
handler, if such activity is solely for the
purpose of accumulation of such quantities
of universal waste as necessary to facilitate
proper recovery, treatment, or disposal. However,
the handler bears the burden of proving that
such activity was solely for the purpose of
accumulation of such quantities of universal
waste as necessary to facilitate proper recovery,
treatment, or disposal[N.J.A.C. 7:26A-7.3(f)2] |
| Is
the large quantity handler of universal waste
able to demonstrate the length of time that
the universal waste has been accumulated from
the date it becomes a waste or is received?.[N.J.A.C.
7:26A-7.3(f)3] |
A
large quantity handler of universal waste
shall be able to demonstrate the length of
time that the universal waste has been accumulated
from the date it becomes a waste or is received.[N.J.A.C.
7:26A-7.3(f)3] |
| Did the large quantity handler of universal waste ensure
that all employees are thoroughly familiar
with proper waste handling and emergency procedures,
relative to their responsibilities during
normal facility operations and emergencies?.[N.J.A.C.
7:26A-7.3(g)] |
A
large quantity handler of universal waste
shall ensure that all employees are thoroughly
familiar with proper waste handling and emergency
procedures, relative to their responsibilities
during normal facility operations and emergencies.[N.J.A.C.
7:26A-7.3(g)] |
| Did the large quantity handler of universal waste immediately
contain all releases of univesal wastes and
other residues from universal wastes?.[N.J.A.C.
7:26A-7.3(h)1] |
A
large quantity handler of universal waste
shall immediately contain all releases of
universal wastes and other residues from universal
wastes[N.J.A.C. 7:26A-7.3(h)1] |
| Did the large quantity handler of universal waste determine
if any merial resulting from the release of
universal waste is hazardous?.[N.J.A.C. 7:26A-7.3(h)2] |
A
large quantity handler of universal waste
shall determine whether any material resulting
from the release is hazardous waste, and if
so, shall manage the hazardous waste in compliance
with all applicable requirements of 40 C.F.R.
Parts 260 through 272, as incorporated by
reference at N.J.A.C. 7:26G. The handler is
considered the generator of the material resulting
from the release, and is subject to 40
C.F.R. Part 262, as incorporated by reference
at N.J.A.C. 7:26G-6.[N.J.A.C. 7:26A-7.3(h)2] |
| Did a large quantity handler of universal waste send
or take universal waste to a place other than
another univesal waste handler, a destination
faciity, or a foreign destination?.[N.J.A.C.
7:26A-7.3(i)1] |
A
large quantity handler of universal waste
is prohibited from sending or taking universal
waste to a place other than another universal
waste handler, a destination facility, or
a foreign destination[N.J.A.C. 7:26A-7.3(i)1] |
| Did the large quantity handler of univesal waste who
self-transports comply with the requirements
at N.J.A.C. 7:26A-7.4?.[N.J.A.C. 7:26A-7.3(i)2] |
If
a large quantity handler of universal waste
self-transports universal waste off-site,
the handler becomes a universal waste transporter
for those self-transportation activities and
shall comply with the transporter requirements
of N.J.A.C. 7:26A-7.4 while transporting the
universal waste.[N.J.A.C. 7:26A-7.3(i)2] |
| Did the large quantity handler of universal waste properly
package, label, mark placard and complete
the proper shipping papers for shipments of
universal waste which are hazardous materials?.[N.J.A.C.
7:26A-7.3(i)3] |
If
a universal waste being offered for off-site
transportation meets the definition of hazardous
materials under 49 C.F.R. Parts 171 through
180, a large quantity handler of universal
waste shall package, label, mark and placard
the shipment, and prepare the proper shipping
papers in accordance with the applicable U.S.
Department of Transportation regulations under
49 C.F.R. Parts 172 through 180;[N.J.A.C.
7:26A-7.3(i)3] |
| Prior to sending a shipment of universal waste to another
universal waste handler, did the originating
handler ensure that the receiving handler
agrees to receive the shipment?.[N.J.A.C.
7:26A-7.3(i)4] |
Prior
to sending a shipment of universal waste to
another universal waste handler, the originating
handler shall ensure that the receiving handler
agrees to receive the shipment;[N.J.A.C. 7:26A-7.3(i)4] |
| Did the large quantity handler of universal waste receive
back or agree on an alternate facility for
rejected shipments of universal waste?.[N.J.A.C.
7:26A-7.3(i)5] |
If
a large quantity handler of universal waste
sends a shipment of universal waste to another
handler or to a destination facility and the
shipment is rejected by the receiving handler
or destination facility, the originating handler
shall either: receive the waste back when
notified that the shipment has been rejected;
or agree with the receiving handler on a destination
facility to which the shipment will be sent[N.J.A.C.
7:26A-7.3(i)5] |
| Did a large quantity handler of universal waste properly
reject shipment of universal waste?.[N.J.A.C.
7:26A-7.3(i)6] |
A
large quantity handler of universal waste
may reject a shipment containing universal
waste, or a portion of a shipment containing
universal waste, that he has received from
another handler. If a handler rejects a shipment
or a portion of a shipment, he shall contact
the originating handler to notify him of the
rejection and to discuss reshipment of the
load. The handler shall send the shipment
back to the originating handler; or if agreed
to by both the originating and receiving handler,
send the shipment to a destination facility.[N.J.A.C.
7:26A-7.3(i)6] |
| Did the large quantity handler of universal waste immediately
notify the Department of an illegal shipment
of hazardous waste as a universal waste?.[N.J.A.C.
7:26A-7.3(i)7] |
If
a large quantity handler of universal waste
receives a shipment containing hazardous waste
that is not a universal waste, the handler
shall immediately notify the Division of Solid
and Hazardous Waste of the illegal shipment,
and provide the name, address, and phone number
of the originating shipper. The Division
of Solid and Hazardous Waste will provide
instructions for managing the hazardous waste[N.J.A.C.
7:26A-7.3(i)7] |
| Did a large quantity handler of universal waste manage
a non-hazardous, non-universal waste in accordance
with N.J.A.C. 7:26?.[N.J.A.C. 7:26A-7.3(i)8] |
If
a large quantity handler of universal waste
receives a shipment of non-hazardous, non-universal
waste, the handler may manage the waste in
any way that is in compliance with N.J.A.C.
7:26.[N.J.A.C. 7:26A-7.3(i)8] |
| Did the large quantity handler of universal waste keep
a record of each shipment of universal waste
received?.[N.J.A.C. 7:26A-7.3(j)1] |
A
large quantity handler of universal waste
shall keep a record of each shipment of universal
waste received at the facility. The record
may take the form of a log, invoice, manifest,
bill of lading, or other shipping document.[N.J.A.C.
7:26A-7.3(j)1] |
| Did this record of shipment include the name and address
of the originating universal waste handler
or foreign shipper from whom the universal
waste was sent?.[N.J.A.C. 7:26A-7.3(j)1i] |
The
record for each shipment of universal waste
received shall include the name and address
of the originating universal waste handler
or foreign shipper from whom the universal
waste was sent[N.J.A.C. 7:26A-7.3(j)1i] |
| Did this record of shipment include the quantity of each
type of universal waste received?.[N.J.A.C.
7:26A-7.3(j)1ii] |
The
record for each shipment of universal waste
received shall include the quantity of each
type of universal waste received (for example,
batteries, pesticides, thermostats)[N.J.A.C.
7:26A-7.3(j)1ii] |
| Did this record of shipment include the date of receipt
of the shipment of universal waste?.[N.J.A.C.
7:26A-7.3(j)1iii] |
The
record for each shipment of universal waste
received shall include the date of receipt
of the shipment of universal waste.[N.J.A.C.
7:26A-7.3(j)1iii] |
| Did the large quantity handler of universal waste keep
a record of each shipment of universal waste
sent?.[N.J.A.C. 7:26A-7.3(j)2] |
A
large quantity handler of universal waste
shall keep a record of each shipment of universal
waste sent from the handler to other facilities.
The record may take the form of a log, invoice,
manifest, bill of lading or other shipping
document.[N.J.A.C. 7:26A-7.3(j)2] |
| Did this record of shipment include the name and address
of the universal waste handler, destination
facility or foreign destination to whome the
universal waste was sent?.[N.J.A.C. 7:26A-7.3(j)2i] |
The
record for each shipment of universal waste
sent shall include the name and address of
the universal waste handler, destination facility,
or foreign destination to whom the universal
waste was sent[N.J.A.C. 7:26A-7.3(j)2i] |
| Did this record of shipment include the quantity of each
type of universal waste sent?.[N.J.A.C. 7:26A-7.3(j)2ii] |
The
record for each shipment of universal waste
sent shall include the quantity of each type
of universal waste sent (for example, batteries,
pesticides, thermostats)[N.J.A.C. 7:26A-7.3(j)2ii] |
| Did this record of shipment include the date the shipment
of universal waste left the facility?.[N.J.A.C.
7:26A-7.3(j)2iii] |
The
record for each shipment of universal waste
sent shall include the date the shipment of
universal waste left the facility[N.J.A.C.
7:26A-7.3(j)2iii] |
| Did the large quantity handler keep the records described
in 7.3(j)1 for three years?.[N.J.A.C. 7:26A-7.3(j)3] |
A
large quantity handler of universal waste
shall retain the records described in (j)1
above for at least three years from the date
of receipt of a shipment of universal waste[N.J.A.C.
7:26A-7.3(j)3] |
| Did the large quantity handler keep the records described
in 7.3(j)2 for three years?.[N.J.A.C. 7:26A-7.3(j)4] |
A
large quantity handler of universal waste
shall retain the records described in (j)2
above for at least three years from the date
a shipment of universal waste left the facility[N.J.A.C.
7:26A-7.3(j)4] |
| Did a large quantity handler of universal waste comply
with the requirements of a primary exporter
when shipping universal waste to a foreign
destination?.[N.J.A.C. 7:26A-7.3(k)1] |
A
large quantity handler of universal waste
who sends universal waste to a foreign destination
shall comply with the requirements applicable
to a primary exporter in 40 C.F.R. 262.53,
262.56(a)(1) through (4), (6), and (b) and
262.57 as incorporated by reference at N.J.A.C.
7:26G-6[N.J.A.C. 7:26A-7.3(k)1] |
| Did the large quantity handler of universal waste who
sends universal waste to a foreign destination
export such universal waste only upon consent
of the receiving country and in conformance
with the EPA Acknowledgement of Consent?.[N.J.A.C.
7:26A-7.3(k)2] |
A
large quantity handler of universal waste
who sends universal waste to a foreign destination
shall export such universal waste only upon
consent of the receiving country and in conformance
with the EPA Acknowledgment of Consent as
defined in 40 C.F.R. Part subpart E as incorporated
by reference at N.J.A.C. 7:26G-6[N.J.A.C.
7:26A-7.3(k)2] |
| Did the large quantity handler of universal waste who
sends universal waste to a foreign destination
provide a copy of the EPA Acknowledgment of
Consent for the shipment to the transporter
transporting the shipment for export?.[N.J.A.C.
7:26A-7.3(k)3] |
A
large quantity handler of universal waste
who sends universal waste to a foreign destination
shall provide a copy of the EPA Acknowledgment
of Consent for the shipment to the transporter
transporting the shipment for export.[N.J.A.C.
7:26A-7.3(k)3] |
