If a facility generates hazardous waste in quantities of less than 100 kilograms (≈220 pounds or approximately 25 gallons) or is the generator of acutely hazardous waste in quantities of less than 1 kilogram (≈2 pounds) in a calendar month, that facility is defined, under Delaware’s Regulations Governing Hazardous Waste, as a Very Small Quantity Generator (VSQG).

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). Regulations specific to Very Small Quantity Generators can be found in the regulations.

Staying in Compliance

To ensure compliance with the Regulations, and maintain conditional exemption, a Very Small Quantity Generator must:

Identify the hazardous waste generated. Generators are responsible to correctly determine if the waste generated is hazardous. This responsibility may simply be met by using knowledge of the product that becomes a waste or may be  as involved as conducting analytical testing to determine that the waste is not contaminated. (§262.11)

Do not accumulate more than 1,000 kilograms (≈2,200 pounds or approximately 300 gallons) of hazardous waste or 1 kilogram (≈2.2 pounds) of acutely hazardous waste on your property at any given time. Generators who accumulate quantities of hazardous waste in excess of 1,000 kilograms (≈2,200 pounds or approximately 300 gallons) or 1 kilogram (≈2.2 pounds) of acutely hazardous waste must fulfill more stringent requirements of the Delaware Regulations Governing Hazardous Waste. (§262.14(a)(4) and (5))

Store Hazardous Waste Containers in a manner that prevents leaks, spills, or ruptures. Hazardous waste must be stored in containers that are in good condition and compatible with the contents. Containers must remain closed unless adding or removing waste. Hazardous waste containers must be labeled with the words “Hazardous Waste” or the word “Waste” and a description of the contents (e.g., “Waste Solvent” or “Waste Acetone”). (§262.14(a)(3))

Maintain documentation demonstrating the hazardous waste has been managed appropriately. Documentation includes bills of lading, receipts, manifests, etc. Documentation of proper hazardous waste management must be maintained for a minimum of three years. (§262.14(a)(6))

Properly manage and dispose of hazardous wastes. Hazardous wastes must be managed by a treatment, storage, or disposal facility permitted or approved by the state in which it operates to accept the waste. (§262.14(a)(6))

Common Violations

• Failure to make an accurate hazardous waste determination
• Failure to properly label hazardous waste containers
• Accumulating hazardous waste in open containers
• Failure to maintain documentation for 3 years

Notification

Very Small Quantity Generators are not required to notify the State of hazardous wastes they generate. However, DNREC recommends that they complete an EPA Site Identification Form.

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