Small quantity and large quantity generators of hazardous waste must notify the state of Delaware of their activities. Large quantity generators are required to submit annual reports to the state.
Businesses or government agencies that generate, transport, treat, store or dispose of hazardous waste must obtain an EPA Identification Number from DNREC’s Compliance and Permitting Section (CAPS), unless they are a conditionally exempt small quantity generator.
Once having obtained an EPA Identification Number, Large Quantity Generators must re-notify the state by March 1 of each calendar year. A large quantity generator may submit this re-notification as part of its annual report.
Starting in 2021 and every four years thereafter, Small Quantity Generators must re-notify by September 1.
Notification and re-notification are accomplished in one of two ways, either by submitting a completed Notification of Regulated Waste Activity form to the Compliance and Permitting Section, or electronically through EPA’s RCRAInfo application. For more information see the instructions on creating an industry user account and using the RCRAInfo application.
Notification of Regulated Waste Activity forms (EPA Form 8700-12) can be submitted to the attention of Melissa Ferree by email (Melissa.Ferree@delaware.gov), fax (302-739-5060), or mail/courier (DNREC, Compliance and Permitting Section, 89 Kings Highway, Dover, DE 19901).
Delaware’s Regulations Governing Hazardous Waste (7 DE Admin Code 1302) are more stringent than the federal requirements (40 CFR Section 262.41). Delaware’s regulations require hazardous waste reports to be submitted to the state annually.
An extension to this deadline may be granted, under extenuating circumstances, if a request is made prior to March 1.
Facilities that generate or handle large amounts of hazardous waste must submit an annual hazardous waste report to DNREC’s CAPS by March 1 of each calendar year.
The report covers hazardous waste activities from the preceding calendar year, the types of hazardous waste generated, how much of these wastes are generated, and how the waste are managed.
Facilities are subject to reporting if any of the following conditions apply:
Facilities that feel they may be exempt from filing a Hazardous Waste Report may file an exemption request using the Hazardous Waste Report Exemption Request Form. Note: This is a request only.
The request will be acknowledged by the CAPS, and an exemption approval or denial determination will be provided. An exemption denial still renders a site bound by the March 1 reporting deadline. Facilities should contact the CAPS if the reporting deadline is nearing and they have not received a status update for an exemption request.
Hazardous Waste Report Exemption Request forms can be submitted to the attention of Alee Gonzalez by email (Alee.Gonzalez@delaware.gov), fax (302-739-5060), or mail/courier (DNREC, Compliance and Permitting Section, 89 Kings Highway, Dover, DE 19901).
Hazardous waste reports may be submitted:
To use electronic reporting, first create a RCRAInfo account (Instructions).
Once logged-in to RCRAInfo, a complete user’s guide is available within the application by clicking Documentation from the main navigation bar and selecting Help. On the Help page, click on User’s Guide, then Site Dashboard, and finally Biennial Report.
A RCRAInfo Industry User Registration e-learning course is available to assist with the registration process. Users will need to establish a free account within LearningZen to access this course and other courses associated with the RCRAInfo Industry Application.
The State of California has created an instructional video. While this video demonstrates the processes of submitting a report through the Biennial Reporting Module, it can also be used as a guide to submit a report through the Annual Reporting Module or to complete the hard copy version of the forms.
Disclaimer: These instructional materials were not developed by the State of Delaware and are not meant to supersede Delaware’s regulations. For hazardous waste report regulations specific to the State of Delaware please consult Delaware’s Regulations Governing Hazardous Waste (7 DE Admin Code 1302).