III Hazardous Waste Handling Under the Federal Resource Conservation and Recovery Act

LibraryIllinois Environmental Law for Non-Environmental Lawyers (2017 Ed.)
III. Hazardous Waste Handling Under the Federal Resource Conservation and Recovery Act
Eugene P. Schmittgens, Jr.
St. Louis, Missouri
Shawna M. Bligh

A. Introduction

The Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6901, et seq.), the Illinois Environmental Protection Act ("Act") (415 ILCS 5/1 et seq.), and their implementing regulations govern the handling of all wastes; solid and hazardous. Virtually every business, from painting contractors, to body shops, to dry cleaners to manufacturers, produces hazardous waste, which is subject to regulation. A generator of the wastes is required to take actions to properly handle those wastes. This Chapter will provide the non-environmental lawyer with some background in order to help them advise their clients on how to deal with the handling of hazardous wastes.

The information provided here speaks only in very general terms regarding the requirements of RCRA, the Act and their implementing regulations regarding hazardous waste handling. It does not include a discussion of the more comprehensive requirements of a facility which exists to treat or dispose of hazardous wastes, commonly referred to as a treatment, storage or disposal facility (TSDF). Rather, the discussion here is limited to the obligations imposed on a company which generates waste and ships it off-site for treatment or disposal. It should be noted, that the failure to follow the regulations applicable to the company sending waste off-site, will result in that company being treated as a TSDF and being subject to additional violations alleging that it is operating without a permit.

While it is expected that the following will help promote general compliance with the applicable laws and regulations, it is not intended to address every situation that may confront a business that handles waste. Rather, it should provide the lawyer with sufficient direction so that she may advise the client on general compliance with those requirements. Because compliance is fact specific, the particular operations will affect the specific obligations of the client. As such, this Chapter cannot, and does not, create any attorney/client or consultant/client relationship. On specific questions we suggest that the help of competent environmental counsel be sought.

A little background will help understand the importance of the information in this Chapter. A company that creates waste has strict liability for that waste. It is responsible for the management of the waste regardless of who handles the waste in the future, i.e. the transporter or the disposal facility. Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) responsible parties may be held liable, jointly and severally, for contaminated sites. It would seem obvious then that significant liability can result if the law is not followed.

RCRA was passed in 1976 to encourage environmentally sound methods for managing all types of waste. The Act requires USEPA, and the states in many cases, to identify and regulate wastes and develop a program to see that waste is handled safely from its generation through its transportation, treatment, storage, and disposal. In response to this mandate, Illinois passed its Act and promulgated regulations to implement the purposes of the RCRA.

B. RCRA Basics

To understand the Resource Conservation and Recovery Act, it is helpful to understand some of the acronyms. This list is a very short, and very simple, identification of some of the acronyms1 used when talking about waste. It is not all-inclusive but does contain the terms used in this Chapter:

TSDF: Treatment storage and disposal facility
CESQG: Conditionally exempt small quantity generator
SQG: Small quantity generator
LQG: Large quantity generator

All of the federal hazardous waste regulations are located in Title 40 of the Code of Federal Regulations (CFR), Parts 260 to 299. Illinois' Hazardous 17 Waste Regulations are found at Title 35 of the Illinois Administrative Code Parts 700 - 739. As a general rule, Illinois regulations are the same as the federal regulations. This Chapter focuses on the federal rules and will provide a citation to Illinois regulations. Again, one must check the regulation to determine the proper course of action to be followed based upon the facts presented.

There are three categories of hazardous waste generators based upon the quantity of hazardous waste they generate per month: They are the Conditionally Exempt Small Quantity Generators (these entities generate less than 220 lbs (100 kg) per month); Small Quantity Generators (these entities generate between 220 lbs (100 kg) and 2,200 lbs (1,000 kg) per month; and Large Quantity Generators (these entities generate more than 2,200 lbs (1,000 kg) per month). Separate, but often similar, rules apply, depending upon quantity of waste generated. This will be briefly discussed below.

It is important to remember that a business may move from category tocategory on a monthly basis. So, the business can be regulated under different rules depending on the waste generated in a given month. As such, care should be taken when considering the...

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