What are the legal responsibilities of a hazardous waste generator in managing the waste they create, from accumulation to final disposal?

Hazardous waste generators bear significant legal responsibilities under the Resource Conservation and Recovery Act (RCRA) and other applicable environmental regulations. These responsibilities cover the entire life cycle of hazardous waste, from its initial generation to its final disposal, often referred to as "cradle-to-grave" responsibility. Generators are obligated to ensure that hazardous waste is managed in a manner that protects human health and the environment, and they must comply with various requirements regarding identification, storage, transportation, and disposal. These responsibilities are designed to prevent illegal dumping, mishandling, and environmental contamination.

One of the first responsibilities of a hazardous waste generator is to properly identify and classify the waste they produce. This involves determining whether the waste is a solid waste under RCRA and whether it is considered hazardous, based on its characteristics or source. Generators must evaluate whether the waste is ignitable, corrosive, reactive, or toxic. They must also determine if the waste is specifically listed as a hazardous waste by the EPA in the F, K, P, or U lists. For example, a chemical manufacturing plant must analyze all its waste streams to determine if they are hazardous based on laboratory analysis such as flashpoint test for flammability, pH tests for corrosivity, or TCLP tests for toxicity. If a waste stream is a spent solvent it is the generator’s responsibility to determine the proper classification of that solvent under RCRA and provide the appropriate waste code when shipping the material for disposal. The generator must use the EPA’s hazardous waste codes accurately to classify the wastes they produce.

Once identified as hazardous, the generator is responsible for the safe storage of hazardous waste on-site before it is transported off-site for treatment or disposal. Generators can accumulate waste on-site for a limited time, typically 90 days for large quantity generators (LQGs) or 180 days for small quantity generators (SQGs). Storage must be in compliance with all applicable regulations regarding container types, labeling, segregation, and security measures. Containers must be in good condition, compatible with the waste, properly closed, and clearly labeled with the words "Hazardous Waste" and other relevant information such as the accumulation start date. For example, a facility must ensure that incompatible wastes, such as acids and bases, are stored in separate areas to prevent mixing, and ignitable wastes must be stored away from potential ignition sources. They also need to ensure all storage containers are inspected regularly to check for any leaks or corrosion.

Generators are responsible for ensuring that hazardous waste is properly transported off-site to a permitted treatment, storage, or disposal facility (TSDF) by an authorized transporter. They are required to complete a Uniform Hazardous Waste Manifest, which tracks the waste from the generator to the TSDF. The manifest must include the generator's name and address, the designated TSDF's name and address, the transporter's name and address, descriptions and quantities of the waste, and any special handling instructions. The generator must sign the manifest certifying that the waste is accurately described and properly packaged, labeled, and marked for transport according to Department of Transportation (DOT) regulations. They must also maintain copies of all manifests, and these records must be retained for a specified amount of time. For instance, a generator shipping drums of corrosive waste must complete a manifest ensuring the waste is properly identified with the appropriate shipping name and is sent to a facility permitted to receive it.

Generators are required to ensure that their hazardous waste is treated or disposed of at a facility that is permitted to handle that specific type of waste. Generators must verify that the TSDF has the appropriate permits and is authorized to manage the waste that they are sending. They are not only responsible for the proper shipment of waste, but also they are responsible for ensuring that the TSDF disposes of the waste in compliance with all regulations. For example, if a facility sends waste for incineration, they must ensure that the facility has the necessary permits to operate and that the waste is being incinerated properly. Once the waste is delivered, the TSDF is required to send a signed copy of the manifest back to the generator to confirm receipt, and it is the generator’s responsibility to follow up if that manifest copy is not received within a reasonable time period.

Generators are also legally responsible for implementing and maintaining a comprehensive personnel training program for employees who handle hazardous waste. Training must be tailored to the employees' job responsibilities and cover aspects such as waste identification, proper handling and storage methods, emergency response procedures, and the proper use of personal protective equipment (PPE). Training records must be maintained, and personnel must receive initial and annual training. For example, employees who load hazardous waste onto trucks must be trained on DOT requirements regarding hazardous materials transportation.

Furthermore, hazardous waste generators must maintain complete and accurate records of all hazardous waste activities, including waste generation, storage, transport, treatment, and disposal. These records must be available for review by regulatory agencies, including waste manifests, waste characterization data, inspection logs, training documentation, and contingency plans. For instance, a generator who stores waste must keep detailed logs of storage activities. Generators must also have contingency plans in place for responding to emergencies, including spills or releases of hazardous materials, and these plans must be periodically reviewed and updated. In the event of a spill the generator is responsible for documenting the incident, notifying appropriate agencies, and implementing cleanup plans.

In summary, generators of hazardous waste have a wide range of legal responsibilities from the moment they generate hazardous waste to its final disposal. These responsibilities are designed to ensure that hazardous waste is managed safely and properly, protecting human health and the environment. Non-compliance with these requirements can result in significant penalties, fines, and legal action. Therefore, it is critical for all generators of hazardous waste to thoroughly understand and adhere to all regulatory obligations.