21. ACCUMULATION TIME & QUANTITY Generator Maximum Maximum Size Accumulation Accumulation Quantity Time LQG No Limit 90 days SQG less than 13,200 lbs. 180 days (270 days if waste must be transported >200 miles to TSDF) CESQ less than 2,200 lbs. No time limit
22. Generator Responsibilities The generator must first properly identify the waste for individuals who transport, treat, store or dispose of the waste.
53. Waste Minimization Source Reduction - Preferred method of waste minimization, refers to the reduction or elimination of waste at the source. Usually achieved by implementing controls within a process, such as increasing a machines efficiency or process modifications. Ex. Tightening of leaky pipes
54. Waste Minimization RECYLING: the use, reuse, or reclamation of a waste, on-site or off-site, after it has been generated.
57. 4. CRIMINAL PROSECUTION 3. ADMINISTRATIVE CONSENT ORDER 1. WARNING LETTER - 2. ADMINISTRATIVE COMPLAINT - Levels of punishment
58. FINES/PENALTIES CIVIL PENALTY - fine imposed for noncompliance can not exceed $27,500 per day per violation CRIMINAL ENFORCEMENT - involves fines &/or imprisonment. A person convicted of a criminal offense may be assessed fines ranging from $50,000 to $1,000,000. Prison sentences range from 1 - 15 years.
59.
Editor's Notes
We will look at what a hazardous waste is… -understand the functions of the generator, transporter, and disposal facility -understand your responsibilities with regard to hazardous waste. Know the function of RCRA Understand risks of improperly handling hazardous waste. How to safely handle hazardous waste. Understand your responsibilities as an employee at a generator, transporter, transfer or TSD facility. Get a better overall picture of how hazardous waste is created, hauled and disposed.
The EPA developed these regulations to ensure the proper management of hazardous wastes. They define what materials are classified as hazardous wastes and the responsibilities of those who manage hazardous wastes.
Other Agencies involved with the safe management of hazardous wastes: Department of Transportation which establishes regulations for the safe transportation of hazardous materials, including wastes (49 CFR). OSHA – Establishes regulations to protect the safety and health of employees involved in the handling of hazardous wastes. (Located in 29CFR).
1970 – OSHA - Established Nat'l requirements for worker education and healthy working environment 1976 - Toxic Substances Control Act (TSCA) - Protects public health by regulating sales, packaging, and labeling of hazardous substances. 1976 - Resource Conservation & Recovery Act (RCRA) Directed the EPA to establish a “Cradle to Grave” system governing generation, transport, storage, treatment and disposal of hazardous wastes. RCRA was passed in 1976 in response to concerns about hazardous waste generation and disposal. This regulation came on the heels of news reports on Love Canal and Times Beach. Improper handling of wastes there harmed hundreds of people and ruined these neighborhoods. Love Canal, NY Hooker Chemical began dumping chemicals in 1941 School built on the old dump site in 1954 School and nearby houses became affected Cancer rates increased and an emergency was declared Times Beach, MO Dioxin contaminated oil used to control dust on town roads in 1972 Government spent 32 million to buy resident homes in 1982-83 after numerous people and animals became sick
CERCLA - Regulates the location, assessment, and clean-up of leaking, inactive, or abandoned waste sites. CERCLA also allocates funds for clean up activities and establishes liability. CERCLA also reauthorized RCRA and set a new priority for American Industry. The Hazardous Waste & Solid Waste Amendments established the use of minimization techniques and treatments to reduce amount of waste generated and sent for land disposal.
1986 - Superfund Amendments & Reauthorization Act (SARA) Amendments to broaden CERCLA , Established $500 million LUST fund Community Right to Know Act 1990 - Hazardous Materials Transportation Uniform Safety Act (HMTUSA) Simplified and reduced the volume of the Hazardous Materials Regulations (49 CFR). Mandates training for employees involved in the transportation of hazardous materials. Federal Facility Compliance Act – FFCA – Makes Federal facilities liable for civil and criminal penalties for non-compliance.
Hazardous waste can harm human health or the environment if improperly handled. What RCRA is really saying about hazardous waste is -it is a health hazard which can cause death or dangerous chronic (long term) effects if handled improperly. -improper handling or disposal of hazardous waste seriously endangers human health and the environment.
RCRA is meant to address four major concerns about hazardous Waste: Threat to groundwater supplies Threat to the Environment Threat to human health Waste of natural resources
A waste must meet at least 1 of 3 conditions to be regulated as a hazardous wastes. The waste must: Not be excluded from regulation as a hazardous waste; such as agricultural chemicals, pesticides, feritlizers Be included on a list of hazardous wastes; or; Contain a hazardous characteristic
As the first part of its name implies, a HAZARDOUS waste is a substance with HAZARDOUS characteristics. These characteristics are specified by the EPA (Environmental Protection Agency) and include: ignitibility, toxicity, corrosiveness, or reactivity. Additionally, some wastes are so bad or their source is traditionally hazardous, that the EPA ‘lists” these wastes right in the regulations as hazardous. Many refinery wastes are “listed wastes”.
This means the substance catches on fire or explodes easily if exposed to heat or a spark. The flash point of a flammable liquid is the lowest temperature at which it can form an ignitable mixture in air. Liquid waste that has a flash point below 140 °F, and therefore has the "characteristic of ignitability" is a hazardous waste. The flash point is the temperature at which a material produces sufficient vapor to ignite in the presence of an ignition source such as an electrical spark or a lit match. The flash point refers to the temperature of the material itself, rather than to the temperature of the air around the material. Non-liquid waste is defined as a waste that is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard. Examples include many volatile organic solvents and pure sodium (alcohols, acetone, toluene, xylene, ether)
Aqueous waste that has a pH less than or equal to 2 or greater than or equal to 12.5, meets the definition of "characteristic of corrosivity" as defined in 40 CFR 261.22. A material with a pH below 2 is strongly acidic, while a material with a pH above 12.5 is strongly "basic." Materials with high pH values are also called alkaline or caustic. Corrosive materials can attack ( corrode ) metals or cause permanent damage to human tissues such as the skin and eyes on contact. Burning, scarring, and blindness may result from skin or eye contact. Corrosive materials may also cause metal containers or structural materials to become weak and eventually to leak or collapse. Ammonia, fluorine, and hydrochloric acid are examples of corrosive substances Only liquids can be corrosive hazardous waste. Some acids and bases may be neutralized to a pH between 5.5 and 12.0 and discharged to the sewer instead of being handled as hazardous waste
This is a substance that can explode, catch fire, or give off poisonous vapors on contact with air, water, or other chemicals. Example: acetylene, chlorine A waste is characterized as reactive if it exhibits the "characteristic of reactivity“. This includes waste that is normally unstable and undergoes violent change without detonating, waste that is capable of detonation or exploding, or waste that reacts violently or forms potentially explosive mixtures or toxic gases when mixed with water. It also includes any cyanide- or sulfide-bearing waste that can generate toxic gases when exposed to pH conditions between 2 and 12.5. Examples include: sodium and potassium metals, sodium borohydride (react with water) dry picric acid (can explode when shaken) ethyl ether (eventually forms unstable peroxides with oxygen)
A toxic substance is poisonous of you breathe, touch, or swallow it. Effects may be may be immediate or may show up years later. Example Arsenic. This definition applies to a waste that, when subjected to a laboratory test called the Toxicity Characteristic Leaching Procedure (TCLP). The test determines the mobility of both organic and inorganic substances. The TCLP analysis simulates landfill conditions. Over time, water and other liquids percolate through landfills. The percolating liquid often reacts with the solid waste in the landfill, and may pose public and environmental health risks because of the contaminants it absorbs. Wastes with TCLP values higher then listed threshold values are said to be "TCLP positive" and to have the "characteristic of toxicity." Examples of constituents covered by the TCLP test include, but are not limited to: Arsenic Barium Benzene Cadmium Carbon tetrachloride Chlordane Chloroform Chromium Cresol 1,4-dichlorobenzene Endrin Hexachloroethane Lead Mercury Selenium Silver Tetrachloroethylene Vinyl chloride
As the second half of its name implies, a hazardous waste is a substance which is intended for disposal. Listed Wastes EPA determined that some specific wastes are hazardous. These wastes are in a list published by the Agency. These lists are organized into three categories: The F-list - wastes from common manufacturing and industrial processes, such as solvents that have been used in cleaning or degreasing operations. Because the processes producing these wastes can occur in different sectors of industry, the F-listed wastes are known as wastes from non-specific sources. The K-list This list includes certain wastes from specific industries, such as petroleum refining or pesticide manufacturing. Certain sludges and wastewaters from treatment and production processes in these industries are examples of source-specific wastes. The P-list and the U-list (discarded commercial chemical products). These lists include specific commercial chemical products in an unused form. Some pesticides and some pharmaceutical products become hazardous waste when discarded.
PCBS: exempt from treatment as hazardous waste. UNIVERSAL WASTES: these regulations govern the collection & management of widely generated wastes such as : lead, nickel, cadmium & other batteries, certain pesticides & mercury congaing thermostats. They are not fully regulated as hazardous wastes. These universal wastes have their own disposal requirements. Retail stores and others do not have to treat these as hazardous waste but need to follow local regulations on their disposal. The goal is the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills or combustors. In addition, the regulations also ensure that the wastes subject to this system will go to appropriate treatment or recycling facilities Examples: Fluorescent and high intensity discharge lamps, neon, mercury vapor, high pressure sodium, and metal halide lamps Batteries Mercury thermostats Certain pesticides Computer monitors Ballasts
To address these human health and environmental issues, RCRA regulates the hazardous waste through all of its phases. Hazardous waste can be looked at as a three stage process: Generation – covers the creation and other requirements of temporary storage of hazardous waste prior to pick up. Generators – Companies or facilities which produce hazardous waste are know as “generators”. Generators must apply for an EPA ID number. This number is tied to a physical site where the wastes are produced and is non-transferable. When tied to a physical record, this number allows the EPA to trace exactly where a shipment of waste originates. Generators must abide by strict RCRA regulations with regard to generating, storing, containing, transporting and disposing of waste. In addition, generators are charged with keeping detailed records of all their hazardous waste activities. Transportation – covers the procedures involved in hauling a hazardous waste shipment to an offsite treatment, storage and disposal (TSD) facility. Disposal – covers the treatment, storage and disposal of the hazardous waste either off-site by the generator or after it is delivered to an authorized TSD facility by the transporter. Transfer Facilities – this is any facility where shipments of hazardous waste are held for less than ten days during the normal course of transportation.
There are 3 levels of hazardous wastes generators in New York: 1. Conditionally Exempt Small Quantity Generator - CESQG 2. Small Quantity Generator - SQG 3. Large Quantity Generator - LQG 1 st - A generator has to determine which wastes generated are hazardous & which are non-hazardous 2nd - calculate the maximum quantity of all hazardous wastes generated per calendar month 3rd - determine the maximum quantity of all hazardous wastes you plan to have on site at any one time.
How long Hazardous Waste can be accumulated on site, as well as how much can be onsite at anytime
Under RCRA, generators have the following responsibilities: Identification of the Waste(s). 2. Pre-transportation requirements for inspection, storage, marking and labeling. Manifesting, record keeping and reporting. 4. Training requirements. 5. Proper disposition of the waste.
Generators must characterize the waste and select the appropriate EPA waste code. Through waste characterization, you learn if a waste is reactive or incompatible with other wastes. Before putting wastes into a container it is necessary to identify and segregate wastes if they are incompatible and/or reactive. EPA characteristic waste of ignitability would have the code of D001. If the waste shall be shipped offsite for disposal, the waste must also be classified using DOT criteria. A D001 with a flash point of 140 degrees F would be a DOT flammable liquid. No hazardous wastes may be: dumped down the drain discharged to sanitary sewer discarded with the garbage allowed to evaporate into the atmosphere
All storage containers or tanks must be: 1. EPA marked for hazardous waste. 2. Marked with the Waste Accumulation Start Date 3. Constructed and operated to prevent any leaking or migration of waste 4. Labeled & marked on the tank/container sides and be clearly visible for inspection The most important information to be included on the label is: - The words, " HAZARDOUS WASTE "; - The waste accumulation start date; - The phase and composition of the waste (e.g., liquid pesticide); - Declaration of any particular toxic or hazardous properties (e.g., flammability, strong oxidizer, etc.); - Name and address of waste-generating facility.
Labels are required for every hazardous material in the workplace. The labels are to include the following information: The identity or name of the chemical The appropriate hazard warnings such as FLAMMABLE or EXPLOSIVE The name and address of the chemical manufacturer, importer or other responsible party. Portable containers don't have to be labeled if the chemicals inside were transferred from a labeled container and immediately used by the employee who transferred them. So never leave an unmarked container of a hazardous material unattended. Individual process containers can be marked with other signs, placards, process sheets, batch tickets, operating procedures, or other written forms--instead of labels--but only under two conditions: The placard or other written method must identify which containers the warnings refer to. The written method used must contain the same information that would be on a warning label, such as the physical and health hazards.
Use a container that is compatible with its contents. A container that is incompatible with its contents will eventually break down and leak. For example: Hydrofluoric acid (HF) etches glass containers. (e.g., polyethylene or Teflon). Acetone and chlorinated organic solvents dissolve some plastic containers. Normal transportation of these materials can often involve significant changes in temperature and ambient pressure. The protective packaging must take this into account
The EPA has established criteria to indicate whether a hazardous waste container or inner liner is empty or not empty and subject to treatment as containing a hazardous waste. ANY HAZARDOUS WASTE: All wastes removed using pouring, pumping, aspirating and No more than 2.5 cm remain on bottom or inner liner, or Contains no more that: Less than 100 gallon container - 3% (by/weight) More than 100 gallon container - 0.3% (by/weight) COMPRESSED GAS WASTE: Empty when the pressure in the container approaches atmospheric pressure
Triple rinsed using solvent capable of removing chemical Removed using another scientific method that has been published or proven effective by the generator Inner liner removed from container
Segregate hazardous waste (and in fact all your chemicals) so that incompatible materials cannot react with each other. The biggest concerns are that acids are kept separate from bases, oxidizing acids (such as nitric acid) are kept separate from organics, and flammables are kept in a separate flammables cabinet. Use plastic bins to keep them separate and safe. Plastic bins serve another purpose: secondary containment. Secondary containment prevents spills from mixing. Also, secondary containment is required if there is a floor drain nearby. Do not mix acids with bases. Do not mix alcohols with acids or bases. Do not mix reactive metals with acids or bases (Magnesium, Potassium, Sodium, Zinc powder)
Central Storage is an area where more than 1 drum of hazardous waste stored at a time. And is Not the area where waste was generated. Subject to full management controls. 90 day limit for LQG.
Satellite areas can be designated in individual work areas or departments to allow longer accumulation of SMALL quantities of hazardous wastes. These areas must be at or near the process producing the waste and Must be under the control of the operator. Up to 55 gallons of hazardous waste or 1 qt. of acutely hazardous waste (including all waste streams) without an accumulation time limit Must comply with container management requirements. Mark container w/ “Hazardous Waste” & identity of contents When quantity limit is reached the accumulation Time period begins & containers must move to central accumulation area within 3 days.
Hazardous Waste Storage Inspections & Pre-Transportation Inspection Requirements Generators must also follow documented inspection requirements for tanks and containers of waste: 1. If stored in a tank, they must be inspected daily. If stored in containers, they must be inspected once a week. Inspect waste once a week to ensure: Chemical waste is labeled with the EH&S “Hazardous Waste” label Container label identifies contents Containers are kept closed Containers are not corroded Containers are in secondary containment Containers are dated Area inspection look for standing water, leaks and spills, proper signs posted in area, emergency equipment & spill kits functional, secondary containment functioning 3. All inspection records and reports must be kept by the generator for a minimum of 3 years.
RCRA requires these inspection and reports for both container storage and tanks. The generator is also responsible for proper storage marking and labeling of the hazardous waste tanks and containers. In addition, hazardous waste storage tanks and containers used by generators have to be located within secure secondary containment areas that will hold the waste if the tank or container leaks.
Tank Inspections D aily inspections of: Overfill Protection Monitoring Equipment Waste Level in Uncovered Tanks Tank and surrounding area C athodic Protection System D ocument Required Inspections & Annual Testing Results in Log Book
The EPA regulations incorporate the DOT requirements for shipping papers, marking, labeling and placarding. A hazardous waste generator is considered a shipper under DOT regulations when the waste is shipped offsite. 6 DOT PRETRANSPORT REQUIREMENTS: MARKINGS LABELING PACKAGING PLACARDING REGISTRATION TRAINING The DOT requirement for marking the container with the DOT proper shipping name, UN/NA ID number, and shipper name and address can be satisfied by marking this information on the EPA hazardous waste label.
(UN) Numbers are four-digit numbers that start with the class number. They are used world-wide in international commerce and transportation to identify hazardous chemicals or classes of hazardous materials.
Manifesting, recordkeeping and reporting are also function of the generator. The hazardous w aste manifest serves as the DOT shipping paper for the generator. A tracking system to accurately document all movement of hazardous wastes from the generator to a treatment, storage, or disposal facility (TSDF). This manifest must be prepared by a waste generator who transports or offers for transportation any hazardous waste for off-site treatment, storage, or disposal. The manifest must contain the number of copies that will allow a copy to be retained by: the GENERATOR, each TRANSPORTER, destination facility OWNER/OPERATOR, one return fully-signed copy to the generator for their records COPY DISTRIBUTION When the generator initiates a hazardous waste manifest, there may be as many as 8 copies in the package. Some copies of the manifest are left behind as each shipment proceeds from its point of generation to its ultimate destination. The copies are distributed as follows: Step 1: The generator completes the manifest. When Transporter arrives & the waste is transferred to the transport vehicle, the generator retains copies 6, 7, and 8. Copy 6 is mailed by the generator to the destination state. Copy 7 is mailed to the generator state agency Copy 8 is retained at the generator facility for at least 3 yrs.
STEP 2: The transporter arrives at the TSDF. The TSDF signs for receipt of the waste and takes copies 1-4. The transporter only retains copy 5. The TSDF keeps copy 4 in its files for at least 3 years. The TSDF mails: Copy 1 to the destination state agency Copy 2 to the generator state Copy 3 back to the generator
STEP 3: Each recipient of a manifest copy is now capable of tracking waste from its point of generation to its point of disposal. If the destination state does not receive the 2nd copy noting receipt at a disposal facility, the agency will follow up with the generator.
All generators have record keeping requirements. Records required to be retained include those that support the cradle to grave tracking of waste (the manifest), any test results, analytical data, or other supporting data a generator has used to determine if their waste is hazardous. All manifests documenting hazardous waste shipments must be kept on file. The copy signed by the generator & transporter at the time of shipment must be kept 3 yrs or until a signed copy from the designated facility that received the waste. The copy signed by all 3 persons must be kept for 3 yrs. from the date the initial transporter accepted the waste. RCRA training records for employees must be kept for at least 3 yrs from the date the employee was last employed, or until the closure of the facility. (Doesn’t apply to SQG) All notices, certifications, waste analysis data, & any other documentation pertaining to land disposal restrictions must be retained for 5 yrs from the date the documented waste was sent for treatment, storage, or disposal. All retention periods are automatically extended in the event of unresolved enforcement action. There are no specific training record-keeping requirements for SQ Generators, facilities should still clearly document and file all relevant information about classroom or on the job training.
EPA, OSHA and DOT all have requirements for employee training in safe handling and transportation of hazardous waste. All personnel involved in hazardous waste management at a Large Quantity Generating facility must receive classroom instruction or on-the-job training. This training should instruct personnel on the procedures relevant to their positions and should be directed by a person trained in hazardous waste management procedures. -General Awareness -Function specific -Safety & Security The training program must ensure that facility personnel are able to respond to emergencies effectively by being familiar with emergency procedures and equipment. Facility personnel must complete training within: -6 months from hire date -Assignment to the facility or Assignment to a new position -Must have annual review Personnel training requirements for SQG are less detailed then of a LQG. SQG must make sure that employees are thoroughly familiar with their responsibilities for hazardous waste management. This includes waste handling responsibilities during normal facility hours as well as emergency procedures.
Any hazardous waste incident that requires Under RCRA – a LQG are required to develop and maintain a contingency plan. The contingency plan documents procedures to be followed during responses to actual hazardous waste emergencies at the facility. implementation of the contingency plan must be documented by the generator, including the time, date and details of the incident. Emergencies such as ruptured pipes, contamination of commercial products, spills, secondary containment failures, overfilling of drums and tanks, transport and storage treatment area clean-up.
RESPONSE TO LEAKS: Remove tank from service Stop flow of hazardous waste into system Determine cause of leak Contain visible releases Remove waste within 24 hrs. Notification within 24 hrs of detection Repair & Closure standards - remove waste from tank - remove contamination from soil - submit closure plan - financial assurance HAZARDOUS WASTE TANKS Releases > 1 lb or any uncontained amount, Report to NYSDEC within 24 hrs Written report within 30 days - routes of migration - soil characteristics - monitoring results (if applicable) - proximity to drinking or surface waters - describe response actions If evacuation of local areas is advisable, notify local authorities immediately. Immediately notify the local on-scene coordinator for that area or the NATIONAL RESPONSE CENTER at (800) 424-8802 . The National Response Center must be contacted if the material is a hazardous substance (in excess of the reportable quantity)
Employers are responsible for training their employees and implementing a security plan. Encourage your employees to report any and all suspicious activity. Implement routine inspections. Conduct regular meetings on security topics. Establish a partnership with local emergency responders
Disposition of Waste RCRA holds the generator responsible for the proper disposition of waste, including transportation from the site of origin to the designated TSD facility. That means generators can still be hold accountable for an improperly transported or disposed load even when the waste is out of their hands. So the Generator puts a great deal of trust into the individuals who transport and dispose of their hazardous waste. Before the generator chooses a treatment & disposal technology the following factors must be considered about the waste: Physical State Chemical Composition Waste Classification Also, the EPA has established a checklist which influences how a waste must be treated
In 1984, Congress passed into law restrictions (called “Land Ban”) requiring treatment of many hazardous wastes before disposal into landfills. Examples of wastes that must be treated before they can be land filled include used solvents, metal wastes, cyanide-containing wastes, & other types of hazardous wastes. In the LAND BAN PROVISIONS 1. WASTE ANALYSIS - Does the waste stream contain substances listed in the land ban rules? What are the concentrations in the waste? Which land ban treatment standards or prohibition levels apply? Must the waste be treated prior to land disposal, or does it already meet the applicable treatment std. or prohibition level? 2. NOTIFICATION TO TREATMENT, STORAGE, OR DISPOSAL FACILITY The notification must include: the hazardous waste codes the applicable treatment standard the manifest number associated with the waste shipment the waste analysis data (if available) and a certification statement 3. RECORD KEEPING Maintain the following for at least 5 years: Waste Analysis Records Notifications to treatment, storage, & disposal facilities Certification statements
A system of clay, liners, and collection pumps. The goal of the secure chemical landfill is to contain waste and collect the contaminated water that forms through precipitation The waste frequently must be STABILIZED first. This works by fixing the hazardous constituents in a waste to stabilize molecules which will not dissolve. This prevents the hazardous constituents from leaching. This treatment is often used to treat materials that cannot be recycled or recovered, and the residues from other treatment technologies. For stabilization to be successful, the waste must have a high solid content, low organic carbon content, low concentration of oil and grease, and a low concentration of sulfates and chloride compounds.
Generally used to treat wastes containing a wide range of organic compounds, heavy metals, and other inorganic matter. Incineration mya be used as the final processing step for many other treatment technologies. Involves the thermal decomposition of organic constituents at high temperatures (1400-3000 degrees F). The heat converts the waste to gases (mostly CO 2 and water vapor) and inorganic ash. The gases are cooled & “scrubbed” to remove small particles. The ash is then sent to a secure chemical landfill. The gases are released as steam. The minimum efficiency an incinerator can operate is 99.999 %!
Resource Recovery are various methods used to recycle waste. Examples are distillation and fuel blending. Distillation is used for wastes that contain volatile organics that may be recovered and sold .
1. Heat the material to vaporize the volatile constituents 2. Collect the vapor in a condenser. This is where they are cooled (distillate) 3. Withdraw the liquid phase from the bottom of the unit for proper management.
Fuel blending is used for wastes with a high heating value and a low percentage of water sulfur, and inorganic solids. The basic theory behind fuel blending is to combine various wastes with different values and use the mixture as fuel in industrial furnaces, boilers, or cement kilns.
-Purchase only what is needed -Minimize and rotate inventories; redistribute excess chemicals -Substitute hazardous substances with less hazardous materials -Review and modify process to minimize amount of waste generated -Recycle waste materials back into the same process or into a different process -Separate hazardous waste from non-hazardous waste -Reduce the amount of hazardous materials used in a procedure
RCRA considers the following to be criminal acts: Transporting hazardous waste to a non-permitted facility. Treating, storing, or disposing of hazardous waste without a permit or in violation of a permit. Destroying, altering or concealing any record Transporting hazardous waste without a manifest.
Less Serious – minor paperwork problems, inadequate training records, incomplete contingency and training plans, lack of agreements with local authorities, incomplete information. Moderately serious violations – containers in poor condition, lack of secure storage, storing longer than 90 days, DOT violations, no contingency or training plan, lack of land disposal notification. Most Serious violations – improper waste classification, disposing at an unlicensed facility, using an unlicensed transporter, not using manifest, on-site leakage or disposal, incompatibles not separated, leaky drums, situations posing potential for serious human/environmental harm. Class I Violation -a violation that results in a release or serious threat of release of hazardous waste to the environment, or a violation that involves the failure to assure that groundwater will be protected, that proper closure & post closure activities will be undertaken, or that hazardous wastes will be destined for & delivered to permitted or interim status facilities. CLASS II VIOLATION Any violation of RCRA requirements that does not meet the criteria listed for Class I Violations.
1. WARNING LETTER - Issued for minor, easily corrected violations. Typically Class II violations- such as incomplete labeling. A time frame for corrections is established 2. ADMINISTRATIVE COMPLAINT - Issued for more serious violations (Class I), for numerous or repeat Class II violations. Penalties are usually issued with the complaint. Resolution is called an Administrative Consent Order 3. ADMINISTRATIVE CONSENT ORDER A negotiated settlement between NYSDEC & the violator to resolve the Admin. Complaint. Typically require certain actions which must be completed as set forth by the Order. The violator typically waives any right of appeal upon entering into the Consent Order. 4. CRIMINAL PROSECUTION Action taken through the Attorney General’s office with the NYSDEC Criminal Investigation Unit. Used for serious violations, repeat offenders, & criminal activities. Not common action due to time and costs involved, however there has been recent rise in the number of investigations. Used to resolve criminal and administrative actions.
The EPA has the authority to enforce compliance with regulations for hazardous waste management. Civil and criminal penalties can be given out for any violations. * Collected penalties go directly to the state for projects designed to improve or protect the environment, or to defray the costs of new environmental protection or enforcement activities.
