Small Quantity Generators

If a facility generates hazardous waste in quantities between 220 pounds and 2,200 pounds and is the generator of acutely hazardous waste in quantities of less than 2.2 pounds in a calendar month, that facility is defined, under Delaware’s Regulations Governing Hazardous Waste, as a small quantity generator (SQG).

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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).

Most regulations specific to Small Quantity Generators can be found in Part 262 of the regulations.

Staying in Compliance

Hazardous Waste Helpline

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 product(s) or the product(s) 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 13,200 pounds of hazardous waste  on your property at any given time. Generators who accumulate quantities of hazardous waste in excess of 13,200 pounds  are required to fulfill more stringent requirements of Delaware’s Regulations Governing Hazardous Waste. (7 DE Admin. Code 1302 §262.34(e)(1))

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 180 days. Small quantity generators must arrange for the transport of their hazardous waste to a  permitted treatment, storage, or disposal facility (TSDF) no later than 180 days from the first day of accumulation. If, however, the hazardous waste must  be transported greater than 200 miles from the generator, the requirement increases to a 270-day limit. (7 DE Admin. Code 1302 §§262.34(d) and (e))

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 3 years. (7 DE Admin. Code 1302 §262.174)

Do understand the requirements for hazardous waste storage tanks under 1,000 gallons are different than the requirements for tanks greater than 1,000 gallons in size. (7 DE Admin. Code 1302 §262.34(d)(3))

Also be aware that tanks greater than 250 gallons in size are to be registered with the Tanks Compliance Branch.

Ensure emergency management requirements, as explained in §262.34(d) of  the Regulations Governing Hazardous Waste, are adhered to. These include, but are not limited to, posting emergency contact information, acquisition of proper emergency equipment for the generator’s facility and documentation proving arrangements have been made with local emergency authorities. (7 DE Admin. Code 1302 §262.34(d)(5))

Do provide appropriate training to all employees managing hazardous waste and maintain training records. (7 DE Admin. Code 1302 §262.34 (d)(5)(iii))

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 waste 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

Common violations incurred by Small Quantity Generators include:

  • Improperly labeling containers of waste deemed hazardous.
  • Not keeping closed a container accumulating hazardous waste.
  • Inadequate weekly inspection records.
  • Not maintaining documentation for a minimum of three years.
  • Failure to utilize “No Smoking” signage when ignitable or reactive hazardous waste are being stored.
  • Failure to post emergency contact information.


Small Quantity Generators are required to notify the State of hazardous wastes they generate by completing an EPA Site Identification Form.