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Hazardous Waste Compliance and Enforcement

Resource Conservation & Recovery Act (RCRA)

Ensuring that hazardous wastes (HW) are handled in accordance with federal and state rules and laws is the responsibility of the Compliance and Enforcement staff at DEP. This group interacts with the public and with the Resource Conservation and Recovery Act (RCRA) branch of the federal EPA to develop policies and guidance, to provide compliance assistance to the public and the regulated community, and to enforce laws regulating the handling of hazardous waste.

Hazardous waste is identified by one of two ways: your waste is considered hazardous if it can be found on lists published in the Code of Federal Regulations (40 CFR Part 261). If your waste cannot be identified on one of the hazardous waste lists, it still might be hazardous because it exhibits one or more characteristics: ignitability, corrosivity, reactivity or toxicity.

Hazardous waste is regulated by the federal government and can be found in Title 40 of the Code of Federal Regulation (CFR), Parts 260 to 271. The state of Florida has adopted by reference portions of the federal regulations into its Florida Administrative Code (FAC) Rule 62-730. Florida hazardous waste rules require that certain information be submitted by facilities that generate hazardous waste, transport hazardous waste, or operate a treatment/storage/disposal facility for hazardous waste. Included in this notification requirement are facilities that manage over 100 kg of RCRA hazardous waste or 1 kg of Acute RCRA hazardous waste in any month or 5,000 kg (11,000 lbs) or more of combined universal waste on-site at any one time. Sites that manage, transport and/or process used oil must also notify; generators of used oil destined for recycling do not need to notify. Your facility might also be subject to compliance evaluation by RCRA inspectors from the DEP district offices. District office staff can also provide compliance assistance.

An EPA identification number (EPAID) must be obtained before beginning hazardous waste generator activities, except for Conditionally Exempt Small Quantity Generators (CESQGS) who are exempt from this regulation under the Code of Federal Regulations, Title 40, Chapter 261.5. When you submit the notification form, 8700-12FL, your facility will be assigned an EPAID. This form should also be used to notify DEP of changes in status of hazardous waste generators or handlers.

DEP Form 8700-12FL Notification of Regulated Waste Activity
(Note: Please use the 8700-12 federal form for notification of episodic generation, LQG Consolidation of VSQG Hazardous Waste, Academic Entities with Laboratories, Hazardous Secondary Material Activity, LQG Site Closure and Electronic Manifest Brokers until the Florida notification form is updated).

Temporary/Emergency identification numbers are handled by the DEP District offices. If you need a temporary/emergency identification number for a one-time generation of hazardous waste or for an emergency clean-up, contact the district office handling the county in which your hazardous waste generation will occur.

Hazardous Waste Generators

In general, hazardous waste generators are broken into three categories based upon the quantity of hazardous waste generated per month.

Conditionally Exempt Small Quantity Generators (CESQGs)

CESQGs generate less than 220 pounds of hazardous waste per month and less than 2.2 pounds of acute hazardous waste (such as some pesticides, toxins or arsenic and cyanide compounds) per month.

Requirements:

  • Perform HW determination. 
  • Cannot accumulate > 1,000 kg at any time. 
  • Ensure delivery of HW to a proper recycling facility or TSDF. 
  • Keep records documenting proper disposal. 

Small Quantity Generators (SQGs)

SQGs generate 220 to 2,200 pounds of hazardous waste per month

Requirements: 

  • Obtain an EPA ID Number
  • Use manifest system (unless there is a reclamation agreement pursuant to 40 CFR 262.20(e)), and ship only to a permitted facility. On June 30, 2018, EPA establish an electronic national e-manifest system to track hazardous waste shipments.
  • Never exceed the 6,000 kg accumulation/180 day storage time limit.
  • Emergency Planning:
    • Have at least one employee or a designee with authority as Emergency Coordinator (EC) on 24-hour call.
    • Next to the telephone, post
      • the EC name and phone number;
      • fire department's number; and
      • location of fire extinguishers, spill control equipment/material, and fire alarm
    • Follow emergency procedures in 262.34(d)(5), including taking necessary steps to address spills and fires, and notifying the National Response Center (24-hour number: 1-800-424-8802) and the State Warning Point (850-413-9911).
  • Training of personnel regarding proper HW handling and emergency response
  • Keep records including manifests, test results, etc., for a minimum of three (3) years.
  • If tanks are used for management of HW, those tanks must have daily and weekly inspections, required maintenance, spill response and meet closure standards.
  • If a SQG fails to meet applicable requirements, the full generator standards (and possibly TSDF standards) may apply.

Large Quantity Generators (LQGs)

LQGs generate 2,200 pounds or more of hazardous waste per month or 2.2 pounds or more of acute hazardous waste per month.

Requirements:

  • Perform HW determination, including LDR waste analyses
  • Obtain an EPA ID number
  • Use manifest system, and ship to a permitted facility
    • On June 30, 2018, EPA establish an electronic national e-manifest system to track hazardous waste shipments.
    • State rules require the generator to complete Items 1 through 15 and the applicable parts of item 16, if required for international shipments, on Form 8700-22, and Items 21 through 32, on Form 8700-22A
  • Meet pre-transport requirements for packaging, labeling, marking and placarding
  • Meet satellite accumulation rules
    • Close and label these containers
  • Label containers and tanks with the words "Hazardous Waste"
  • Label containers with accumulation start dates
  • Do not store HW > 90 days
  • Keep all records for at least three (3) years (including manifests, test data, biennial reports, etc.)
  • File a biennial report for HW shipped off site
  • File exception report for late or missing manifests from the designated facility
  • Meet personnel training requirements, including documentation of training
  • Maintain and operate the facility in a clean, safe manner
  • Provide emergency equipment:
    • telephone or hand-held two-way radio;
    • internal communication or alarm system;
    • fire and spill control equipment (e.g. fire extinguishers, hoses, sprinklers, etc.);
    • neutralizing agents, spill adsorbents, overpack drums, standby 55-gallon drums, etc.;
    • test and maintain the emergency equipment
  • Maintain adequate aisle space for evacuation, inspecting drums, etc., e.g., no less than three (3) feet.
  • Attempt to make arrangements with local fire and police departments, hospitals, and emergency response contractors/equipment suppliers, with regards to emergency arrangements, hazards of materials handled, layout of facility, etc.
  • Have a contingency plan
    • Updated contingency plans must be distributed when facility conditions or emergency coordinators change
  • Containers (e.g. drums, cans, etc.) must be:
    • kept closed and in good condition,
    • inspected at least weekly,
      • Records must be kept of these inspections
    • be compatible with the HW stored, and
    • separated from other incompatible wastes (e.g. keep cyanides away from acids)
  • Ignitable or reactive HW must be stored at least fifty (50) feet from the facility's boundary line
  • If tanks are used for management of HW those tanks must have 
    • structural integrity;
    • containment;
    • detection of releases;
    • inspections;
    • response to leaks or spills;
    • meet operating requirements
    • meet closure and post-closure care; and
    • meet special requirements for ignitable, reactive and/or incompatible wastes
  • Special cautions (including "no smoking" signs) are required for ignitable or reactive wastes
  • Security (e.g., a locked fence)
  • A Land Disposal Restrictions (LDR) Certification or Notification must accompany the initial manifest for a restricted waste. Generators who choose to treat waste to meet land disposal restrictions must submit a waste analysis plan to DEP.
  • Meet applicable air emission standards under 40 CFR Part 265, Subparts AA, BB and CC.

Notes of Importance

  • It is the facility's responsibility to comply with other applicable laws, such as Occupational Safety & Health Administration (OSHA) worker safety and protective clothing rules; fire codes; Florida's Right to Know Law; Superfund Amendments and Reauthorization Act (SARA); etc.
  • Hazardous waste may never be disposed of in septic tanks or on the ground.
  • Hazardous waste may be burned only in permitted hazardous waste incinerators.
  • Do not dispose of hazardous waste by evaporation.

Links of Interest

Related Links

If you would like to discuss hazardous waste compliance and enforcement, contact Glen Perrigan at 850-245-8749 or Glen.Perrigan@dep.state.fl.us

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Last Modified:
November 13, 2018 - 3:06pm

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