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Universal Waste Small Quantity Handler General Requirements Full Text Version
Requirement & Regulatory Citation Full Text Requirement & Regulatory Citation
Did a small quantity handler of universal waste dispose of and/or dilute or treat universal waste?.[N.J.A.C. 7:26A-7.2(b)] A small quantity handler of universal waste is prohibited from the following:
1. Disposing of universal waste; and
2. 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-7.2(b)]
Did a small 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-7.2(f)1] A small 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-7.2(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-7.2(f)2] A small 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 is 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-7.2(f)2]
Is the small 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-7.2(f)3] A small quantity handler of universal waste who accumulates 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-7.2(f)3]
Did the small quantity handler of universal waste inform all employees who handle or have responsibility for managing universal waste on the proper handling and emergency procedures?.[N.J.A.C. 7:26A-7.2(g)] A small quantity handler of universal waste shall inform all employees who handle or have responsibility for managing universal waste. The information shall describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.[N.J.A.C. 7:26A-7.2(g)]
Did the small quantity handler of universal waste immediately contain all releases of univesal wastes and other residues from universal wastes?.[N.J.A.C. 7:26A-7.2(h)1] A small 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-7.2(h)1]
Did the small quantity handler of universal waste determine if any merial resulting from the release of universal waste is hazardous?.[N.J.A.C. 7:26A-7.2(h)2] A small 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 N.J.A.C. 7:26G. The handler is considered the generator of the material resulting from the release, and shall manage it in compliance with N.J.A.C. 7:26G-6.[N.J.A.C. 7:26A-7.2(h)2]
Did a small 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-7.2(i)1] A small 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-7.2(i)1]
Did the small 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-7.2(i)2] If a small 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-7.2(i)2]
Did the small 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-7.2(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 small 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-7.2(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-7.2(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-7.2(i)4]
Did the small 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-7.2(i)5] If a small 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-7.2(i)5]
Did a small quantity handler of universal waste properly reject shipment of universal waste?.[N.J.A.C. 7:26A-7.2(i)6] A small quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that they have received from another handler. If a handler rejects a shipment or a portion of a shipment, they shall contact the originating handler to notify them 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-7.2(i)6]
Did the small 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-7.2(i)7] If a small 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-7.2(i)7]
Did a small 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-7.2(i)8] If a small 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-7.2(i)8]
Did a small 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-7.2(k)1] A small 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-7.2(k)1]
Did the small 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-7.2(k)2] A small 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 Acknowledgement of Consent as defined in 40 C.F.R. Part 262 subpart E as incorporated by reference at N.J.A.C. 7:26G-6[N.J.A.C. 7:26A-7.2(k)2]
Did the small 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-7.2(k)3] A small 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-7.2(k)3]
Last Updated: July 24, 2003
NJDEP-Compliance & Enforcement
 
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