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  Summary
  Is it a Hazardous Waste?
  Which Hazardous Waste Generator Requirements Apply to You?
  Do You Transport Hazardous Waste?
  Universal Waste
  General HW Requirements Matrix
 

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Transfer of Universal Waste Full Text Version
Requirement & Regulatory Citation
Full Text Requirement & Regulatory Citation
Did a universal waste transporter dispose, dilute or treat universal waste (not in response to a release)?.[N.J.A.C. 7:26A-7.4(b)] A universal waste transporter is prohibited from disposing of universal waste; and diluting or treating universal waste, except by responding to releases as provided in (e) below.[N.J.A.C. 7:26A-7.4(b)]
Did the universal waste transporter comply with applicable USDOT requirements (49 CFR 171 through 180) for universal waste which meets the definition of a hazardous material?.[N.J.A.C. 7:26A-7.4(c)1] A universal waste transporter shall comply with all applicable U.S. Department of Transportation regulations in 49 C.F.R. Parts 171 through 180 for the transport of any universal waste that meets the definition of hazardous material in 49 C.F.R. 171.8. For purposes of the U.S. Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste Manifest Requirements specified in N.J.A.C. 7:26G-6[N.J.A.C. 7:26A-7.4(c)1]
Did the universal waste transporter describe any universal waste with "hazardous waste, (l) or (s), n.o.s." or include the word "waste" in the shipping description?.[N.J.A.C. 7:26A-7.4(c)3] Some universal waste materials are regulated by the U.S. Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 C.F.R. 173.2. As universal waste shipments do not require a manifest under N.J.A.C. 7:26G-6, they shall not be described by the U.S. DOT proper shipping name "hazardous waste, (l) or (s), n.o.s.," nor shall the hazardous material's proper shipping name be modified by adding the word "waste."[N.J.A.C. 7:26A-7.4(c)3]
Did the universal waste transporter store universal waste at a transfer facility for greater than 10 days?.[N.J.A.C. 7:26A-7.4(d)1] A universal waste transporter shall only store the universal waste at a universal waste transfer facility for 10 days or less[N.J.A.C. 7:26A-7.4(d)1]
If so, did the universal waste transporter comply with the requirements at N.J.A.C. 7:26A-7.2 or 7.3?.[N.J.A.C. 7:26A-7.4(d)2] If a universal waste transporter stores universal waste for more than 10 days, the transporter becomes a universal waste handler and shall comply with the applicable requirements of N.J.A.C. 7:26A-7.2 or 7.3 while storing the universal waste.[N.J.A.C. 7:26A-7.4(d)2]
Did the universal waste transporter immediately contain all releases of universal waste and othe residues from universal waste?.[N.J.A.C. 7:26A-7.4(e)1] A universal waste transporter shall immediately contain all releases of universal wastes and other residues from universal wastes[N.J.A.C. 7:26A-7.4(e)1]
Did the universal waste transporter determine whether any material resulting from the release is a hazardous waste?.[N.J.A.C. 7:26A-7.4(e)2] A universal waste transporter shall determine whether any material resulting from the release is hazardous waste, and if so, it is subject to all applicable requirements of N.J.A.C. 7:26G. If the waste is determined to be a hazardous waste, the transporter is subject to N.J.A.C. 7:26G-6[N.J.A.C. 7:26A-7.4(e)2]
Did the universal waste transporter transport universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination?.[N.J.A.C. 7:26A-7.4(f)1] A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination[N.J.A.C. 7:26A-7.4(f)1]
Was universal waste meeting the definition of hazardous materials properly described on a shipping paper in accordance with applicable USDOT regulations under 49 CFR 172?.[N.J.A.C. 7:26A-7.4(f)2] If the universal waste being shipped off-site meets the U.S. Department of Transportation's definition of hazardous materials under 49 C.F.R. 171.8, the shipment shall be properly described on a shipping paper in accordance with the applicable U.S. Department of Transportation regulations under 49 C.F.R.  Part 172.[N.J.A.C. 7:26A-7.4(f)2]
Did the universal waste transporter transporting a shipment of universal waste to a foreign destination accept a shipment, knowing the shipment does not conform to the EPA Acknowlegment of Consent?.[N.J.A.C. 7:26A-7.4(g)] A universal waste transporter transporting a shipment of universal waste to a foreign destination may not accept a shipment if the transporter knows the shipment does not conform to the EPA Acknowledgment of Consent[N.J.A.C. 7:26A-7.4(g)]
Did a copy of the EPA Acknowledgment of Consent accompany each shipment of universal waste to a foreign destination?.[N.J.A.C. 7:26A-7.4(g)1] A copy of the EPA Acknowledgment of Consent accompanies the shipment[N.J.A.C. 7:26A-7.4(g)1]
Was the universal waste delivered to the facility designated by the person initiating the shipment?.[N.J.A.C. 7:26A-7.4(g)2] The shipment is delivered to the facility designated by the person initiating the shipment.[N.J.A.C. 7:26A-7.4(g)2]
Last Updated: July 25, 2003
NJDEP-Compliance & Enforcement
 
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Last Modified: April 22, 2008

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