If a facility generates hazardous waste in quantities greater than 1,000 kilograms (≈2,200 pounds) or generates acutely hazardous waste in quantities greater than 1 kilogram (≈2.2 pounds) in a calendar month, that facility is defined, under Delaware’s Regulations Governing Hazardous Waste, as a Large Quantity Generator (LQG).

Disclaimer: The information below is intended to serve as a guide to responsible waste management and does not supersede Delaware’s Regulations Governing Hazardous Waste (7 DE Admin. Code 1302).

Most regulations specific to Large Quantity Generators (LQGs) can be found in Part 262.

Staying in Compliance

Identify the hazardous waste generated. Generators are responsible to determine if each solid waste generated at their facility is a hazardous waste. This responsibility may be met by using knowledge of the original products used in a process thereby characterizing process waste based on the composition and characteristics of the original ingredients or may involve conducting analytical testing to determine if the waste contains toxic constituents or hazardous characteristics. Remember to keep copies of your hazardous waste determinations. (§262.11)

Store containers of hazardous waste securely and provide secondary containment. Ensure containers of hazardous waste are always properly labeled, dated and remain closed. (§§262.15(a) and 262.17(a))

Do not accumulate more than 55 gallons of hazardous waste, or 1 quart of acutely hazardous waste in a Satellite Accumulation Area (SAA) at any time. (§§262.15(a))

Do not accumulate waste for longer than 90 days. Large quantity generators must arrange for the transport of their hazardous waste to a permitted treatment, storage, or disposal facility (TSD) no later than 90 days from the first day of accumulation. In the case of an unforeseen, temporary and uncontrollable circumstances, a one time 30 days extension to the 90 day requirement may be approved by the Compliance and Permitting Section. Large quantity generators who generate wastewater treatment sludges from electroplating operations that meet the listing description of the EPA waste number F006 may accumulate such wastes for longer than 90 days, but no more than 180 days. (§§262.17(a), 262.17(b) and 262.17(c))

Conduct weekly inspections of the hazardous waste central accumulation area. Inspection records need to address any action taken to correct identified concerns and be maintained for a minimum of 3 years. (§262.17(a)(1)(vi))

Understand the requirements for hazardous waste storage tanks when tank storage is utilized. The requirements are found in Subpart J of Part 265 of the regulations.

Also be aware that tanks greater than 250 gallons in size must be registered with the Tanks Compliance Branch.

Ensure emergency management requirements are adhered to. These include, but are not limited to, maintaining aisle space, contingency planning, acquisition of proper emergency equipment, availability of communication systems, and documentation demonstrating arrangements have been made with local emergency authorities. (Part 262, Subpart M)

Provide appropriate annual training to all employees managing hazardous waste and maintain training records. Records are to include, but are not limited to, lists of personnel who handle hazardous waste, written job titles and descriptions, types and amounts of training for personnel who handle hazardous waste, and annual training for emergency coordinator(s). New personnel are required to be trained within 6 months of starting employment. (§262.17(a)(7))

Create a contingency plan. Large quantity generators must keep on-site a printed copy of a contingency plan that is immediately accessible. The plan is to include emergency procedures, arrangements with local emergency authorities, information of the site’s emergency coordinators, on-site locations of emergency equipment and an evacuation plan. Maintain records, for at least three years, of the arrangements made with local emergency authorities and receipts of submittal for copies of the contingency plan to the local police, fire department, hospital, and emergency response teams. (§§262.256, 262.260, 262.261 and 262.262)

Create a quick reference guide of the contingency plan. The guide is to include types or names of hazardous wastes in layman’s terms, estimated maximum quantity of hazardous wastes on-site, the identification of hazardous wastes that require special treatment, a map of the facility, a map of the surrounding area of the facility, locations of water supply and emergency coordinator(s) contact information. Submit a copy of the guide to those parties who also receive the contingency plan. (§262.262(b))

Maintain documentation demonstrating all hazardous waste has been managed appropriately. Documentation includes manifests, along with land disposal restriction forms. Documentation of proper hazardous waste management must be maintained for a minimum of three years. (Part 262, Subparts B and D)

Ensure transporters used to haul hazardous waste from your facility hold a valid Delaware hazardous waste transportation permit. (§262.18(c))

Properly manage and dispose of hazardous wastes. Hazardous wastes must be managed by a treatment, storage, or disposal facility (TSD) permitted to accept the waste.(§262.40)

Submit an annual hazardous waste report to the state. Annual Reports may be submitted to the Compliance and Permitting Section in hardcopy, using the most current RCRA Subtitle C reporting form, or electronically through EPA’s Reporting Module on RCRAinfo. Re-notify DNREC of hazardous waste activity using EPA form 8700-12 by March 1 of each year. This re-notification can be submitted in conjunction with the annual hazardous waste report. (§§262.18(d)(2) and 262.41)

Common Violations

Common violations incurred by Large quantity-generators include:

• Failure to make an accurate hazardous waste determination
• Improperly labeling wastes deemed hazardous.
• Failure to date hazardous waste containers.
• Open containers accumulating hazardous waste.
• Improper signage near ignitable or reactive wastes.
• Inadequate daily/weekly inspection records.
• Contingency plan not kept on-site, sent to the proper emergency authorities nor amended when necessary.
• Not maintaining documentation for a minimum of three years.

Notification

Large quantity-generators are required to notify the State of hazardous wastes they generate by completing an EPA Site Identification Form, or electronically through EPA’s RCRAInfo application.

Related Topics:  hazardous, Health and Safety, permitting and regulation, waste, waste and hazardous substances, waste management