7 Del. Admin. Code § 1302-262-A-262.10

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-262-A-262.10 - Purpose, scope, and applicability

(a) The regulations in this part establish standards for generators of hazardous waste as defined in § 260.10 of these regulations.

(1) A person who generates a hazardous waste as defined by Part 261 of these regulations is subject to all the applicable independent requirements in the subparts and sections listed below:

(i)Independent requirements of a very small quantity generator.

(A) Section 262.11(a) through (d) Hazardous waste determination and recordkeeping; and

(B) Section 262.13 Generator category determination.

(ii)Independent requirements of a small quantity generator.

(A) Section 262.11 Hazardous waste determination and recordkeeping;

(B) Section 262.13 Generator category determination;

(C) Section 262.18 EPA identification numbers and re-notification for small quantity generators and large quantity generators;

(D) Part 262 Subpart B-Manifest requirements applicable to small and large quantity generators;

(E) Part 262 Subpart C-Pre-transport requirements applicable to small and large quantity generators;

(F) Section 262.40 Recordkeeping;

(G) Section 262.44 Recordkeeping for small quantity generators; and

(H) Part 262 Subpart H-Transboundary movements of hazardous waste for recovery or disposal.

(iii)Independent requirements of a large quantity generator.

(A) Section 262.11 Hazardous waste determination and recordkeeping;

(B) Section 262.13 Generator category determination;

(C) Section 262.18 EPA identification numbers and re-notification for small quantity generators and large quantity generators;

(D) Part 262 Subpart B-Manifest requirements applicable to small and large quantity generators;

(E) Part 262 Subpart C-Pre-transport requirements applicable to small and large quantity generators;

(F) Part 262 Subpart D-Recordkeeping and reporting applicable to small and large quantity generators, except § 262.44; and

(G) Part 262 Subpart H-Transboundary movements of hazardous waste for recovery or disposal.

(2) A generator that accumulates hazardous waste on site is a person that stores hazardous waste; such generator is subject to the applicable requirements of Parts 124, 264 through 266, and 122 of these regulations 7 Del.C. § 6304(a), unless it is one of the following:

(i) A very small quantity generator that meets the conditions for exemption in § 262.14;

(ii) A small quantity generator that meets the conditions for exemption in §§ 262.15 and 262.16; or

(iii) A large quantity generator that meets the conditions for exemption in §§ 262.15 and 262.17.

(3) A generator shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in § 260.10 of these regulations, or not otherwise authorized to receive the generator's hazardous waste.

(b)Determining generator category. A generator must use § 262.13 to determine which provisions of this part are applicable to the generator based on the quantity of hazardous waste generated per calendar month.

(c) [Reserved]

(d) Any person who exports or imports hazardous waste must comply with § 262.12 and Subpart H of this Part.

(e) Any person who imports hazardous waste into the United States must comply with the standards applicable to generators established in this part.

(f) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of § 262.70 is not required to comply with other standards in this part or Parts 122, 264, 265, or 268 with respect to such pesticides.

(g) Penalties

(1) A generator's violation of an independent requirement is subject to penalty and injunctive relief under 7 Del.C. § 6309.

(2) A generator's noncompliance with a condition for exemption in this part is not subject to penalty or injunctive relief under 7 Del.C. § 6309 as a violation of a Part 262 condition for exemption. Noncompliance by any generator with an applicable condition for exemption from storage permit and operations requirements means that the facility is a storage facility operating without an exemption from the permit, interim status, and operations requirements in Parts 124, 264 through 266, and 122 of these regulations, and the notification requirements of 7 Del. C. § 6304(a). Without an exemption, any violations of such storage requirements are subject to penalty and injunctive relief under 7 Del.C. § 6309.

(h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this part. (Note: The provisions of § 262.34 are applicable to the on site accumulation of hazardous waste by generators. Therefore, the provisions of § 262.34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.)

(i) Persons responding to an explosives or munitions emergency in accordance with § 264.1(g)(8)(i)(D) or (iv) or § 265.1(c)(11)(i)(D) or (iv), and § 122.1(c)(3)(i)(D) or (iii) are not required to comply with the standards of this part.

[Note: A generator who treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in Parts 264, 265, 266, 268, and 122.]

(j) [Reserved]

(k) [Reserved]

(l) [Reserved]

(m) All reverse distributors (as defined in § 266.500) are subject to Part 266 Subpart P for the management of hazardous waste pharmaceuticals in lieu of this part.

(n) Each healthcare facility (as defined in § 266.500) must determine whether it is subject to Part 266 Subpart P for the management of hazardous waste pharmaceuticals, based on the total hazardous waste it generates per calendar month (including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste). A healthcare facility that generates more than 100 kilograms ([ALMOST EQUAL]220 pounds) of hazardous waste per calendar month, or more than 1 kilogram ([ALMOST EQUAL]2.2 pounds) of acute hazardous waste per calendar month, or more than 100 kilograms ([ALMOST EQUAL]220 pounds) per calendar month of any residue or contaminated soil, water, or other debris, resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in § 261.31 or § 261.33(e), is subject to Part 266 Subpart P for the management of hazardous waste pharmaceuticals in lieu of this part. A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to § 262.14 and is not subject to Part 266 Subpart P, except for §§ 266.505 and 266.507 and the optional provisions of § 266.504.

(Amended August 10, 1990; June 19, 1992, July 23, 1996, January 1, 1999)

7 Del. Admin. Code § 1302-262-A-262.10

14 DE Reg. 668 (01/01/11)
24 DE Reg. 711 (1/1/2021)(final)