Section R315-262-10 - General - Purpose, Scope, and Applicability(a) The rules in Rule R315-262 establish standards for generators of hazardous waste as defined by Section R315-260-10. (1) A person who generates a hazardous waste as defined by Rule R315-261 is subject to the applicable independent requirements in Subsections R315-262-10(a)(1)(i) through R315-262-10(a)(1)(iii).(i) Independent requirements of a very small quantity generator: (A) Subsections R315-262-11(a) through R315-262-11(d) Hazardous waste determination and recordkeeping; and(B) Section R315-262-13 Generator category determination. (ii) Independent requirements of a small quantity generator: (A) Section R315-262-11 Hazardous waste determination and recordkeeping;(B) Section R315-262-13 Generator category determination;(C) Section R315-262-18 EPA identification numbers and re-notification for small quantity generators and large quantity generators;(D) Sections R315-262-20 through R315-262-27 --Manifest requirements applicable to small and large quantity generators;(E) Sections R315-262-30 through R315-262-34 --Pre-transport requirements applicable to small and large quantity generators;(F) Section R315-262-40 Recordkeeping;(G) Section R315-262-44 Recordkeeping for small quantity generators; and(H) Sections R315-262-80 through R315-262-84 --Transboundary movements of hazardous waste for recovery or disposal.(iii) Independent requirements of a large quantity generator: (A) Section R315-262-11 Hazardous waste determination and recordkeeping;(B) Section R315-262-13 Generator category determination;(C) Section R315-262-18 EPA identification numbers and re-notification for small quantity generators and large quantity generators;(D) Sections R315-262-20 through R315-262-27 --Manifest requirements applicable to small and large quantity generators;(E) Sections R315-262-30 through R315-262-34 --Pre-transport requirements applicable to small and large quantity generators;(F) Sections R315-262-40 through R315-262-44 --Recordkeeping and reporting applicable to small and large quantity generators, except Section R315-262-44; and(G) Sections R315-262-80 through R315-262-84 --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 Rule R315-124, R315-264 through R315-266, R315-270 and section 3010 of RCRA, unless it is one of the following:(i) a very small quantity generator that meets the conditions for exemption in Section R315-262-14;(ii) a small quantity generator that meets the conditions for exemption in Sections R315-262-15 and R315-262-16; or(iii) a large quantity generator that meets the conditions for exemption in Sections R315-262-15 and R315-262-17.(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 Section R315-260-10, or not otherwise authorized to receive the generator's hazardous waste.(b) Determining generator category. A generator shall use Section R315-262-13 to determine which provisions of Rule R315-262 are applicable to the generator based on the quantity of hazardous waste generated per calendar month.(d) Any person who exports or imports hazardous wastes shall comply with Section R315-262-18 and Sections R315-262-80 through R315-262-84.(e) Any person who imports hazardous waste into the United States shall comply with the standards applicable to generators established in Rule R315-262.(f) A farmer who generates waste pesticides which are hazardous waste and who complies with the requirements of Section R315-262-70 is not required to comply with other standards in Rule R315-262 or Rules R315- 270, R315-264, R315-265, or R315-268 with respect to such pesticides. (1) A generator's violation of an independent requirement is subject to penalty and injunctive relief under Sections 19-6-112 and 19-6-113.(2) A generator's noncompliance with a condition for exemption in Rule R315-262 is not subject to penalty or injunctive relief under Sections 19-6-112 and 19-6-113 as a violation of a Rule R315-262 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 Rules R315-124, R315-264 through R315-266, and R315-270, and the notification requirements of section 3010 of RCRA. Without an exemption, any violations of such storage requirements are subject to penalty and injunctive relief under Sections 19-6-112 and 19-6-113. (h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility shall comply with the generator standards established in Rule R315-262. Note 1: Section R315-262-34 is applicable to the on-site accumulation of hazardous waste by generators. Therefore, Section R315-262-34 only applies to owners or operators who are shipping hazardous waste which they generated at that facility.
Note 2: A generator who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and permit requirements set forth in Rules R315-264, R315-265, R315-266, R315-268, and R315-270.
(l) The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of Sections R315-262-200 through R315-262-216 are not subject to, for purposes of Subsection R315-262-10(l), the terms "laboratory" and "eligible academic entity" shall have the meaning as defined in Section R315-262-200: (1) the independent requirements of Section R315-262-11 or the rules in Section R315-262-15 for large quantity generators and small quantity generators, except as provided in Sections R315-262-200 through R315-262-216; and(2) the conditions of Section R315-262-14, for very small quantity generators, except as provided in Sections R315-262-200 through R315-262-216.(m) Generators of lamps, as defined in Section R315-273-9, using a drum-top crusher, as defined in Section R315-273-9, shall meet the requirements of Subsection R315-273-13(d)(3), except for the registration requirement; and Subsections R315-273-13(d)(4) and R315-273-13(d)(5).(n) Reverse distributors, as defined in Section R315-266-500, are subject to Sections R315-266-500 through R315-266-510 for the management of hazardous waste pharmaceuticals in lieu of Rule R315-262.(o) Each healthcare facility, as defined in Section R315-266-500, shall determine whether it is subject to Sections R315-266-500 through R315-266-510 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 kg, 220 pounds, of hazardous waste per calendar month, or more than 1 kg, 2.2 pounds, of acute hazardous waste per calendar month, or more than 100 kg, 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 Section R315-261-31 or Subsection R315-261-33(e), is subject to Sections R315-266-500 through R315-266-510 for the management of hazardous waste pharmaceuticals in lieu of Rule R315-262. A healthcare facility that is a very small quantity generator when counting its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to Section R315-262-14 and is not subject to Sections R315-266-500 through R315-266-510, except for Sections R315-266-505 and R315-266-507 and the optional provisions of Section R315-266-504. Note: A generator who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and permit requirements set forth in Rules R315-264, R315-265, R315-266, R315-268, and R315-270.
Utah Admin. Code R315-262-10
Adopted by Utah State Bulletin Number 2016-9, effective 4/15/2016Amended by Utah State Bulletin Number 2016-13, effective 6/10/2016Amended by Utah State Bulletin Number 2017-17, effective 8/31/2017Amended by Utah State Bulletin Number 2019-21, effective 10/15/2019Amended by Utah State Bulletin Number 2020-19, effective 9/14/2020