Requirement
& Regulatory Citation |
Full Text Requirement & Regulatory
Citation |
| *UNIVERSAL WASTE-SMALL QUANTITY HANDLER REQUIREMENTS |
*UNIVERSAL
WASTE-SMALL QUANTITY HANDLER REQUIREMENTS |
| 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)] |
| Are universal waste pesticides managed 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-7.2(d)2] |
A
small quantity handler of universal waste
shall manage universal waste pesticides 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-7.2(d)2] |
| Are universal waste pesticides held in containers that
are securely closed; structurally sound; compatible
with the pesticides; and in good condition?.[N.J.A.C.
7:26A-7.2(d)2i] |
The
universal waste pesticides shall be contained
in a container that remains closed, structurally
sound, compatible with the pesticide, and
that lacks evidence of leakage, spillage,
or damage that could cause leakage under reasonably
foreseeable conditions; or[N.J.A.C. 7:26A-7.2(d)2i] |
| Are containers of universal waste pesticides which do
not meet 7.2(d)2i overpacked?.[N.J.A.C. 7:26A-7.2(d)2ii] |
The
universal waste pesticides shall be contained
in a container that does not meet the requirements
of (d)2i above, provided that the unacceptable
container is overpacked in a container that
does meet the requirements of (d)2i above;[N.J.A.C.
7:26A-7.2(d)2ii] |
| Are universal waste pesticides held in tanks which meet
the requirements of 40 CFR 265 Subpart J?.[N.J.A.C.
7:26A-7.2(d)2iii] |
The
universal waste pesticides shall be contained
in a tank that meets the requirements of 40
C.F.R. Part 265 subpart J, as incorporated
by reference at N.J.A.C. 7:26G-9, except for
40 C.F.R. 265.197(c), 265.200, and 265.201,
subpart J; or[N.J.A.C. 7:26A-7.2(d)2iii] |
| Are universal waste pesticides contained in a transport
vehicle or vessel which is structurally sound;
securely closed and in good condition?.[N.J.A.C.
7:26A-7.2(d)2iv] |
The
universal waste pesticides shall be contained
in a transport vehicle or vessel that is closed,
structurally sound, compatible with the pesticide,
and that lacks evidence of leakage, spillage,
or damage that could cause leakage under reasonably
foreseeable conditions.[N.J.A.C. 7:26A-7.2(d)2iv] |
| Are containers, tanks, transport vehicles or vessels
in which recalled universal waste pesticides
are contained properly labeled or marked clearly
with the label that was on the product and
the words "Universal Waste-Pesticide(s)" or
"Waste-Pesticide(s)"?.[N.J.A.C. 7:26A-7.2(e)2] |
A
container (or multiple container package unit),
tank, transport vehicle or vessel in which
recalled universal waste pesticides as described
in N.J.A.C. 7:26A-7.1(c)1i are contained shall
be labeled or marked clearly with the label
that was on or accompanied the product as
sold or distributed and the words "Universal
Waste-Pesticide(s)" or "Waste-Pesticide(s)"[N.J.A.C.
7:26A-7.2(e)2] |
| Are containers, tanks, transport vehicles or vessels
in which unused universal waste pesticides
are contained properly labeled or marked clearly
with the label that was on the product and
the words "Universal Waste-Pesticide(s)" or
"Waste-Pesticide(s)"?.[N.J.A.C. 7:26A-7.2(e)3] |
A
container, tank, or transport vehicle or vessel
in which unused pesticide products as described
in N.J.A.C. 7:26A-7.1(c)1ii are contained
shall be labeled or marked clearly with: i.
the label that was on the product when purchased,
if still legible; (1) If using the labels
described in (e)3i above is not feasible,
the appropriate label as required under the
U.S. Department of Transportation regulation
49 C.F.R. Part 172; (2) If using
the labels described in (e)3i and 3i(1) above
is not feasible, another label prescribed
the Department's Bureau of Pesticide Control
pursuant to N.J.A.C. 7:30; and ii. the words
"Universal Waste-Pesticide(s)" or "Waste-Pesticide(s)"[N.J.A.C.
7:26A-7.2(e)3] |
| 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] |
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