If a facility generates hazardous waste in quantities between 100 kilograms (≈220 pounds) and 1,000 kilograms (≈2,200 pounds) and generates acutely hazardous waste in quantities of less than 1 kilogram (≈2.2 pounds) in a calendar month, that facility is defined, under Delaware’s Regulations Governing Hazardous Waste, as a Small Quantity Generator (SQG).

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 Small Quantity Generators can be found in Part 262 of the regulations.

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 product(s) 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 262.16(b))

Do not accumulate more than 13,200 pounds of hazardous waste on your property at any given time. Generators who accumulate quantities of hazardous waste in excess of 13,200 pounds  are required to fulfill more stringent requirements of Delaware’s Regulations Governing Hazardous Waste. (§262.16(b)(1))

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 180 days. Small quantity generators must arrange for the transport of their hazardous waste to a permitted treatment, storage, or disposal facility (TSD) no later than 180 days from the first day of accumulation. If, however, the hazardous waste must be transported greater than 200 miles from the generator, the requirement increases to a 270-day limit. (§§262.16(b) and (c))

Conduct weekly inspections of the hazardous waste accumulation area. Inspection records need to address any action taken to correct identified concerns and be maintained for three years. (§262.16(b)(2)(v))

Understand the requirements for hazardous waste storage tanks under 1,000 gallons are different than the requirements for tanks greater than 1,000 gallons in size. (§262.16(b)(3))

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, posting emergency contact information, acquisition of proper emergency equipment for the generator’s facility and documentation proving arrangements have been made with local emergency authorities. (§§262.16(b)(8) and (9))

Provide appropriate training to all employees managing hazardous waste and maintain training records. (§262.16(b)(9)(iii))

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 and §268.7(a))

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

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

Notify DNREC of hazardous waste activity using EPA form 8700-12. Starting in 2021, and every four years thereafter, small quantity generators must re-notify DNREC. This re-notification must be submitted by September 1 of each year in which re-notification is required.(§262.18(d)(1))

Common Violations

Common violations incurred by Small Quantity Generators include:

• Failure to make accurate hazardous waste determination
• Improperly labeling waste deemed hazardous
• Open containers accumulating hazardous waste
• Inadequate weekly inspection records
• Not maintaining documentation for a minimum of three years
• Failure to utilize “No Smoking” signage when ignitable or reactive hazardous waste are being stored
• Failure to post emergency contact information

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