Md. Code Regs. 26.13.03.02 - Hazardous Waste Determination - Generator's Obligations
A. A person who generates a solid waste, as
defined in COMAR 26.13.02.02.
(1) Shall:
(a)Make an accurate determination as to
whether that waste is a hazardous waste, with an "accurate determination" being
a determination that allows the person to determine the requirements that are
applicable to the waste and the generator of the waste under the provisions of
COMAR 26.13.01-26.13.10 and federal hazardous waste regulations; and
(b) Take into account, when the determination
required by §A(1)(a) of this regulation is made, changes in the properties of
the waste that are known or likely to occur before the ultimate disposition of
the waste due to:
(i) Exposure of the waste to
the environment; or
(ii) Other
factors;
(2)
Shall, in complying with §A(1) of this regulation, make the determination for
each solid waste:
(a) At the point of waste
generation before any dilution, mixing, or other alteration of the waste
occurs; and
(b) At any time in the
course of the management of the waste when:
(i) The properties of the waste have, or may
have, changed as a result of exposure of the waste to the environment or
because of other factors; and
(ii)
The change or potential change to the properties of the waste may cause a
change to the classification of the waste made under §A(2)(a) of this
regulation;
(3) May, subject to the requirements of §A(4)
of this regulation, designate the solid waste to be a hazardous waste if the
person:
(a) Assumes that the solid waste is a
hazardous waste without having made a formal determination following the
procedures in Regulation .02-1 of this chapter; or
(b) Has decided to voluntarily designate and
manage the solid waste as a hazardous waste despite a determination, using the
procedures in Regulation .02-1 of this chapter, that the waste does not have to
be managed as a hazardous waste; and
(4) Shall, if the person has made the
assumption that the waste is hazardous, as specified in §A(3)(a) of this
regulation:
(a) Determine whether the waste
is an acute hazardous waste, as specified in Regulation .02-1 of this
chapter;
(b) Comply with the record
keeping requirements of Regulation .02-2 of this chapter, if applicable;
and
(c) Identify all hazardous
wastes numbers that may be associated with the waste, in accordance with the
requirements of §D(1) of this regulation, if applicable.
B. A person making the
determination required by §A of this regulation shall:
(1) Follow the procedures specified in
Regulation .02-1 of this chapter in characterizing the waste; and
(2) Unless the person qualifies as a
Maryland-defined small quantity generator, comply with the record keeping
requirements specified in Regulation .02-2 of this chapter.
C. If the result of the
determination required by §A of this regulation is that the waste is a
hazardous waste, the generator of the waste shall refer to COMAR 26.13.02,
26.13.05, 26.13.06, and 26.13.10 for possible exclusions or restrictions
pertaining to management of the specific waste.
D. A person who generates hazardous waste and
who does not meet the criteria to be considered a Maryland-defined small
quantity generator shall:
(1) Identify, for
each hazardous waste generated, all hazardous waste numbers and EPA hazardous
waste numbers, as specified in COMAR 26.13.02.11-.19, that apply to the
hazardous waste; and
(2) Comply
with the record keeping requirements of Regulation .02-2 of this chapter.
Agency Note: information from the complete determination of applicable hazardous waste numbers required by §D(1) of this regulation is needed in order to comply with the container marking requirements of Regulation .03-10 of this chapter.
Notes
Regulations .02B amended, effective July 30, 1984 (11:15 Md. R. 1330); amended effective 48:9 Md. R. 359, eff.
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