Md. Code Regs. 26.13.03.02

Current through Register Vol. 51, No. 9, May 3, 2024

Section 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.

Md. Code Regs. 26.13.03.02

Regulations .02 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)
Regulations .02B amended, effective July 30, 1984 (11:15 Md. R. 1330); amended effective 48:9 Md. R. 359, eff. 5/3/2021