If a facility generates hazardous waste in quantities greater than 2,200 pounds or is the generator of acutely hazardous waste in quantities greater than 2.2 pounds in a calendar month, that facility is defined, under Delaware’s Regulations Governing Hazardous Waste, as a Large Quantity Generator (LQG).
Compliance and Permitting Section
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).
The helpline, 302-739-9403, is available weekdays, from 8:00 a.m. to 4:30 p.m. Your calls, concerns or questions will be handled by a hazardous waste information expert.
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. (7 DE Admin. Code 1302 §262.11)
Do store containers of hazardous waste securely and provide secondary containment. Ensure containers of hazardous waste are always properly labeled, dated and remain closed. (7 DE Admin. Code 1302 §§262.34(a)(2) and (a)(3); 265.173, 265.175)
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. (7 DE Admin. Code 1302 §262.34(c))
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 (TSDF) no later than 90 days from the first day of accumulation. On-site accumulation of >90 days needs approval from the Compliance and Permitting Section. (7 DE Admin. Code 1302 §§262.34(a) and 262.34(b))
Do 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 a minimum of 3 years. (7 DE Admin. Code 1302 §262.174)
Do understand the requirements for hazardous waste storage tanks when tank storage is utilized, the regulations found in Subpart J of Part 265 of the regulations.
Also be aware, tanks greater than 250 gallons in size are to be registered with the Tanks Compliance Branch.
Ensure emergency management requirements, as explained in Part 265 of the regulations, 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. (7 DE Admin. Code 1302 §265.32, § 265.33)
Do 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, descriptions of jobs, 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. (7 DE Admin. Code 1302 §265.16, § 265.55)
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. (7 DE Admin. Code 1302 §265.52, §265.53(a) and (b), §265.54)
Do submit a copy of your contingency plan to the local police department, fire department, hospital, and emergency response teams, and maintain records for 3 years. (7 DE Admin. Code 1302 §265.53(b), §265.37(a))
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. (7 DE Admin. Code 1302 §262.20, §262.40 (a), §262.42 (b), §268.7(a))
Do ensure transporters used to haul solid and hazardous waste from your facility hold a valid Delaware waste transportation permit. (7 DE Admin. Code 1302 §262.12(c))
Properly manage and dispose of hazardous wastes. Hazardous wastes must be managed by a treatment, storage, or disposal facility (TSDF) permitted to accept the waste.(7 DE Admin. Code 1302 §262.40)
Common violations incurred by Large Quantity Generators include:
Large Quantity Generators are required to submit an Annual Report to the State. Reports may be submitted to the compliance and permitting section in hardcopy using the most current RCRA Subtitle C Reporting Instructions and Forms, or electronically using EPA’s Biennial Reporting Module through RCRAInfo.
Completed forms should be submitted to:
Delaware Department of Natural Resources and Environmental Control
Division of Waste and Hazardous Substances
Compliance and Permitting Section
89 Kings Highway
Dover, Delaware 19901