Hazardous Waste

What is a Hazardous Waste?

Hazardous waste is a waste with properties that make it potentially dangerous or harmful to human health or the environment. They can be the by-products of manufacturing processes, discarded used materials, or discarded unused commercial products, such as solvents or pesticides. A waste is a hazardous waste if it is either listed as a hazardous waste or if it demonstrates a characteristic of hazardous waste.

In California, federally regulated hazardous waste is referred to as RCRA hazardous waste and is subject to 40 CFR, HSC, and 22 CCR. California-only hazardous waste is referred to as non-RCRA hazardous waste, which is subject to HSC and 22 CCR.

-- such as batteries, lamps, and electronic devices -- are hazardous wastes that were determined to pose a lower immediate risk to people and the environment compared to other hazardous wastes. Universal wastes have more relaxed rules and requirements to ensure that these types of hazardous wastes are managed safely and are not disposed of in the trash.

What are the requirements of the Hazardous Waste Program?

Hazardous Waste Determination

The generator holds the responsibility for determining whether their waste is a hazardous waste. Two methods are available to a generator for classifying a waste: analytical testing of the waste and the generator’s own knowledge of the materials and processes used to generate or produce the waste.

If you are a waste generator and you make a mistake in the classification process, you are subject to enforcement action, particularly if a hazardous waste is misclassified and managed as non-hazardous.

Monthly Generator Category Determination

Different regulations apply to hazardous waste generators depending on the amount of hazardous waste produced each month. A generator is responsible for determining their category based on the amount of hazardous waste generated in each calendar month.

  • Very Small Quantity Generators (VSQG's) generate 100 kilograms (220 pounds) or less of non-acute hazardous waste and 1 kilogram or less of acutely or extremely hazardous waste in any calendar month.
  • Small Quantity Generators (SQG's) generate less than 1,000 kilograms (2,200 pounds) of non-acute hazardous waste and 1 kilogram or less of acutely or extremely hazardous waste per calendar month.
  • Large Quantity Generators (LQG's) generate 1,000 kilograms (2,200 pounds) or more of non-acute hazardous waste or more than 1kg of acutely or extremely hazardous waste per calendar month.

Table 1 to 22 CCR § 66262.13 -- Generator Categories Based on Quantity of Waste Generated in a Calendar Month

Quantity of acute hazardous waste generated in a calendar month
Quantity of extremely hazardous waste generated in a calendar month
Quantity of non-acute hazardous waste generated in a calendar month
Generator category
> 1 kg
Any amount
Any amount
Large quantity generator
Any amount
> 1 kg
Any amount
Large quantity generator
Any amount
Any amount
≥ 1,000 kg
Large quantity generator
≤ 1 kg
≤ 1 kg
< 1,000 kg
Small quantity generator
≤ 1 kg
 
≤ 100 kg
Very small quantity generator

 

Hazardous Waste Identification (ID) Number

Hazardous waste generators are required to have their own . In addition to generators, all hazardous waste transporters as well as permitted treatment, storage, and disposal facilities (TSDFs) must also have an ID number. A generator’s ID number aids in cradle-to-grave tracking and must be included on the hazardous waste manifest.

CERS Reporting

Hazardous waste generators are required to submit the Facility Information section in annually between January 1st and March 1st.

Storage and Labelling Requirements

Storage Requirements

At a minimum, hazardous waste containers and tanks must be:

  • Structurally sound and in good condition with tight-fitting lids.
  • Compatible with the waste stored in them.
  • Kept closed when wastes are not being added or removed.
  • Accurately labeled with water-proof stickers (see labelling requirements below).
  • Labeled with the date that the waste accumulation began on each tank or container. This date is the date waste is first placed into the container or tank.
  • Regularly inspected for deterioration, damage or leaks.
  • Managed in a way that minimizes the possibility of spills and escape of waste into the environment.
  • Stored onsite according to storage time limits prescribed in the regulations. Storage times vary depending on the monthly generation rate of hazardous waste throughout the entire facility (see table below).
Generator StatusMaximum Allowed Accumulation Time
SQG

180 days or less, or 270 days or less if the waste will be transported 200 miles or more for treatment, storage, or disposal per 22 CCR 66262.16(b) and (c).

Additionally, the quantity of waste held onsite at one time may never exceed 6,000 kg (13,200 pounds), and the generator must comply with the requirements in 22 CCR 66262.16.

LQG

90 days or less from the first date on which any amount of hazardous waste begins to accumulate during that month per 22 CCR 66262.17(a).

Additionally, the generator must comply with the other requirements in 22 CCR 66262.17.

Satellite Accumulation

Up to 55 gallons of non-acute hazardous waste, 1 quart of liquid acutely hazardous waste, 1 kg of solid acutely hazardous waste, or 1 quart of extremely hazardous waste may be accumulated in a satellite accumulation area for up to one year per 22 CCR 66262.15(a).

Additionally, the generator must comply with the other requirements in 22 CCR 66262.15.


Additionally,

  • Generators must maintain aisle space to allow for the unobstructed movement of personnel and emergency response equipment to any area of operation.
  • Incompatible wastes shall not to be placed in the same container or an unwashed container unless conditions are met so that wastes do not create hazards or threaten human health. Accumulation and storage areas shall be separated or protected.
  • Ignitable or reactive wastes must be stored at least 15 meters (50 ft.) from property lines (for large quantity generators of hazardous waste). Ignitable waste must be grounded when material is being added or removed. 
  • Generators, which generate no more than 100 kg exclusively of silver-only hazardous waste shall comply with Very Small Quantity Generator (VSQG) requirements. 

Labelling Requirements

Hazardous waste containers, including portable tanks, must be properly labeled with the following information:

  • The words: "HAZARDOUS WASTE"
  • Name and address of the facility generating the waste
  • Waste accumulation start date
  • Physical state
  • Composition
  • Hazard(s) of the contents
Hazardous Waste Manifesting

The Uniform Hazardous Waste Manifest is the shipping document that travels with hazardous waste from the point of generation, through transportation, to the final treatment, storage, and disposal facility (TSDF). Each party in the chain of shipping, including the generator, signs and retains one of the manifest copies, creating a "cradle-to-graver" tracking of the hazardous waste. Identification (ID) numbers are needed by all parties on the manifest.

On June 30, 2018, the EPA launched the e-Manifest system in an effort to modernize the nation's hazardous waste tracking process by transitioning from a paper-intensive process to an electronic system. 


Registered Hazardous Waste Transporters

In California, unless specifically exempted, it is unlawful for any person to transport hazardous wastes without a valid registration. Hazardous wastes must be transported ONLY by registered hazardous waste transporters to a state-permitted treatment, storage, or disposal facility (TSDF). Transporters are registered by the California Department of Toxic Substances Control (DTSC) and California Highway Patrol (CHP). Hazardous waste must be packaged and labeled for transport in accordance with applicable Department of Transportation (DOT) regulations. Use the link below to find a registered transporter.

Emergency Preparedness and Procedures

Emergency Equipment
Generator facilities must provide the following in all areas where hazardous waste is accumulated or generated:

  • Internal communications or alarm system capable of immediate emergency instruction.
  • Device capable of summoning emergency assistance.
  • Portable fire extinguishers, fire and spill control equipment, and decontamination equipment.
  • Water at adequate volume and pressure to supply fire suppression systems.

Arrangements with Local Authorities
All generator facilities must attempt to make arrangements with: police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and hospitals. Any established arrangements or attempts to make arrangements must be documented.

Emergency Information Posting
SQG facilities must post the following information by telephones or in areas directly involved in the generation and/or accumulation of hazardous waste:

  • The name and emergency telephone number of the emergency coordinator;
  • The location of fire extinguishers and spill control material, and if present, fire alarms; and
  • The telephone number of the fire department (unless the facility has a direct alarm).

This is not a requirement for LQG facilities.

Contingency Plan
LQG facilities must prepare and retain a written contingency plan that describes the actions facility personnel must take in response to fires, explosions, or releases of hazardous waste to the environment. A copy of the contingency plan must be maintained at the facility and submitted to all local emergency responders. Link to a template can be found below.

LQGs must also prepare and submit a quick reference guide of the contingency plan to local emergency responders. The required contents of the quick reference guide can be found in 22 CCR 66262.262.

Emergency Coordinator
At all times, generator facilities must have at least one employee either on the premises or on call with the responsibility for coordinating all emergency response measures. In the event of an emergency, the emergency coordinator or their designee must enact all appropriate emergency response procedures. The specific responsibilities of the emergency coordinator will depend on whether the facility is an SQG (22 CCR 66262.16(b)(7)(D)) or an LQG (22 CCR 66262.265). 

Emergency Response/Contingency Plan Template (located under HMBP)
Spill/Release Notification

Employee Training

Small Quantity Generator Training
SQG facilities must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies, per 22 CCR 66262.16(b)(7)(C).

Large Quantity Generator Training
LQG facility personnel must successfully complete a training program that meets the requirements of 22 CCR 66265.17(a)(7)(A) within six months of their date of employment. The LQG training program must ensure the facility’s compliance with hazardous waste generator standards and the Hazardous Waste Operations and Emergency Response (HAZWOPER) training requirements in Title 8 of the California Code of Regulations, section 5192(p). The LQG training program must be directed by someone trained in hazardous waste management procedures and must teach personnel to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, emergency systems, and hazardous waste management procedures relevant to their position. Facility personnel must take part in an annual review of the initial training and complete general awareness and function-specific training every 24 months.

Additionally, if any personnel at the LQG facility are involved in shipping hazardous waste offsite, those personnel must receive triennial training in compliance with the applicable federal Department of Transportation (DOT) training requirements.

Recordkeeping

Waste Determinations: A generator is required to keep records of any test results, waste analyses, or other determinations related to making a hazardous waste determination. These records must be maintained for at least three years from the date that the hazardous waste was last sent to on-site or off-site treatment, storage, or disposal.
Manifests: A generator to maintain a copy of the paper manifest signed by the generator and initial transporter for at least three years from the date the waste was accepted by the initial transporter, or until the generator receives a receives a copy of the manifest which has been signed by the destination facility, confirming that the destination facility has received the manifested hazardous waste. The generator is then required to keep the copy of the manifest signed by the destination facility for the remainder of the three year period.
Training Records: LQG facilities are required to maintain training records on current personnel until the facility closes, and training records on former employees for at least three years from the date the employee last worked at the facility. Training records must include the following information:

  • The job title for each position at the facility related to hazardous waste management;
  • The name of the personnel in each position;
  • A written job description for each position related to hazardous waste management that includes the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position;
  • A written description of the type and amount of introductory and continuing training given to each person filling a position related to hazardous waste management; and
  • Records signed or certified by facility personnel documenting that the required training was provided and completed.
Biennial Report

Your site is required to complete the if in any one month in the reporting year, your site met any of the following conditions:

  • Generated greater than or equal to 1,000 kilograms (kg; 2,200 pounds [lbs.]) of non-acute RCRA hazardous waste (including quantities imported by importer site);
  • Generated, or accumulated at any time, greater than 1 kg (2.2 lbs.) of any RCRA acute hazardous wastes listed in 40 CFR sections 261.31 or 261.33(e);
  • Generated greater than 100 kg (220 lbs.) of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill, into or on any land or water, of any RCRA acute hazardous wastes listed in 40 CFR sections 261.31 or 261.33(e);
  • Treated, stored, recycled, or disposed of RCRA hazardous wastes on-site. 


Who implements the Hazardous Waste Program in Los Angeles City?

The Los Angeles COUNTY Fire Department (LACoFD) Health Hazardous Materials Division (HHMD) implements the Hazardous Waste Generator element of the Unified Program (including onsite treatment under tiered permitting) for all businesses in the City of Los Angeles. HHMD staff inspect hazardous waste-generating businesses to assure compliance with federal, state, and local laws and regulations. HHMD also investigates complaints about hazardous waste mismanagement at businesses.

For questions regarding billing relating to the Hazardous Waste Generator element, please email lafdcupa@lacity.org. For questions regarding Hazardous Waste Generator program inspections, please reach out to LA County Fire Department Health Hazardous Materials Division (HHMD).
 
Resources



 

Reference
California Health & Safety Code, Division 20, Chapter 6.5
California Code of Regulations, Division 4.5, Title 22
Unified Program Ordinance, LA County Code, Chapter 12.50
Los Angeles Municipal Code, Article 7 of Chapter V, Divisions 8 & 14

 

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