Section 096-851-5 - Hazardous Waste Determination A person who generates a waste shall determine if that waste is hazardous by using the following method:
A. First determine if the waste is excluded from regulation under 06-096 C.M.R. ch. 850 of the Department's rules.B. Then determine if the waste is listed as a hazardous waste in 06-096 C.M.R. ch. 850 of the Department's rules.C. If the waste is not listed as a hazardous waste in 06-096 C.M.R. ch. 850, the person shall determine whether the waste is identified by characteristic as a hazardous waste in 06-096 C.M.R. ch. 850 by either:(1) Testing the waste according to the methods set forth in 06-096 C.M.R. ch. 850, or according to an equivalent method approved under 06-096 C.M.R. ch. 850; or (2) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.06-096 C.M.R. ch. 851, § 5