Common Waste Generator Violations

Common Waste Generator Violations

The following violations index is organized into categories of common waste generator violations. The violation categories are not listed by severity or frequency of findings. Click on the category to access the list of violations commonly found. These violations have been identified during hazardous waste and liquid industrial waste inspections by Michigan Department of Environmental Quality (DEQ) Resource Management Division staff. This is not a comprehensive list of all the requirements staff look for while doing inspections.

WASTE ACCUMULATION AREA	WASTE DETERMINATION	CONTAINER
EMERGENCY PLANNING AND TRAINING	RECORDKEEPING	USED OIL

If you are looking for specific information about a facility's compliance history related to waste regulations, contact the Waste and Hazardous Materials Division district office in your area or review information in the Waste Data System for information on state oversight activities. If you are looking for environmental information about federal oversight activities, please see the US Environmental Protection Agency's (EPA's) Enforcement and Compliance History Online database.  If you are unfamiliar with hazardous waste requirements, you may want to review the sources, listed below, for more information. Click on highlighted text to open guidance documents on a particular subject or to link to another internet site. 
For an Overview of hazardous waste requirements:

• DEQ's Michigan Guide to Environmental, Health and Safety Regulations - Chapter 2 ( ***NOTE THE FOLLOWING CORRECTION to Chapter 2 in the Guide.  Pages 2-44 and 2-45, in Chapter 2 of the Michigan Manufacturers Guide for Environmental, Safety and Health Regulations, mistakenly contains incorrect information about when an air permit is needed to burn used oil in space heaters or furnaces. Any facility that burns used oil received from do-it-yourselfers, and any other used oil that is not generated on the geographical site, will need to obtain a permit from the DEQ Air Quality Division. Michigan's Part 55 Air Regulations do not contain a specific exemption from the air permit even though exemptions exist under the federal and state waste regulations.  Specific situations should be discussed with a DEQ Air Quality Division District Office.) 
• EPA's RCRA Orientation Manual 
• EPA's Managing Your Hazardous Waste, A Guide for Small Businesses  

For Additional information, refer to the following DEQ publications:

• Conditionally Exempt Small Quantity Generator 
• Small Quantity Generator Requirements 
• Small Quantity Generator Management Practices 

State waste regulations can be downloaded or purchased from the Resource Management Division. Many state rules adopt federal requirements. The federal waste regulations can be downloaded or purchased from the US Government Printing Office by calling 202-512-1800. Additional resource links are included under the various violations.

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CONTAINER  
Hazardous waste generators are required to put waste into containers that are compatible with the type of waste that is placed in it, use containers that are in good condition, properly label the containers, and keep the containers closed. In addition, there are pre-transporter requirements regarding packaging and labeling shipping containers according to US Department of Transportation (US DOT) regulations [R 299.9305 and R 299.9306].VIOLATIONS INCLUDE:

1. Listing incorrect or incomplete information on hazardous waste labels
   • Missing the accumulation date.  For example, if a container is in the hazardous waste accumulation area, it is not dated with an accumulation date that identifies when waste was first placed into the container or, if a container is a satellite accumulation container, the container is not dated with an accumulation date that identifies when the container was full.  Refer to Operational Memorandum 111-2 to determine if a container is a satellite accumulation container. 
   • Missing the words "Hazardous Waste" 
   • Missing the hazardous waste number 
2. Failing to keep the containers closed, except when waste is added or removed
   • Leaving funnels in place that are not screwed into bung and do not have the capability of being kept closed 
3. Failing to have appropriate US DOT placards available for transporters 

Above are common generator violations that have been identified during hazardous waste inspections by Department of Environmental Quality (DEQ), Resource Management Division staff. The violations are not listed by severity or frequency of findings. The hazardous waste administrative rules referenced are promulgated under Part 111 of the Natural Resources and Environmental Protection Act, 1994 PA, as amended (Act 451).
ADDITIONAL RESOURCE LINKS:

• The US Department of Transportation Regulations specify the containers, placards, etc that must be used during hazardous materials transportation 
• Michigan State Police - Hazardous Materials Bulletins on placarding, shipping papers, transportation, etc. 
• Labeling requirements and sample labels for transportation, accumulation, universal waste (link to be developed) 

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EMERGENCY PLANNING AND TRAINING  
Hazardous waste generators are required to be prepared and be able to respond to incidents involving hazardous waste releases, and report any releases under  specific conditions [R 299.9306].PLANNING VIOLATIONS INCLUDE:

1.  Large Quantity Generators
   • Missing current written Contingency Plan 
   • Missing, outdated, or incomplete emergency coordinator and other contacts information including addresses and home phone numbers 
   • Missing list of emergency equipment and description of its capabilities 
   • Missing facility map showing location of emergency equipment 
   • Failing to include an evacuation plan that includes the signal to begin evacuation, evacuation routes and alternative evacuation routes 
   • Failing to mail plan to local emergency responders 
   • Failing to keep documentation that outside organizations, such as fire department, police, hospitals, local emergency planning committees, etc. were contacted 
2. Small Quantity Generators
   • Missing, outdated, or incomplete emergency posting information by telephones for Small Quantity Generators 
   • Failing to make arrangements with outside organizations, such as fire department, police, hospitals, local emergency planning committees, etc., that you would need to call if an emergency occurred. 

TRAINING VIOLATIONS INCLUDE:

1. Missing or incomplete documented records of required training for Large Quantity Generators 
   • Missing job title 
   • Missing job description 
   • Missing employee name 
2. Missing written training description for Large Quantity Generators 
3. Failing to have Large Quantity Generator employees trained annually 
4. Using other emergency training programs required by other regulations, including videos or seminars, which do not have a portion clearly devoted to the hazardous waste requirements and does not cover the facility?s contingency plan 

Above are common generator violations that have been identified during hazardous waste inspections by Department of Environmental Quality (DEQ), Resource Management Division staff. The violations are not listed by severity or frequency of findings. The hazardous waste administrative rules referenced are promulgated under Part 111 of the Natural Resources and Environmental Protection Act, 1994 PA, as amended (Act 451).
ADDITIONAL RESOURCE LINKS:

• Michigan State Police, Emergency Management and Homeland Security Division has guidance workbooks for emergency planning. 
• EPA's Emergency Management Office has various emergency preparedness and response publications. 
• DEQ Spill Reporting Requirements has a summary of various release reporting requirements.
• DEQ Pollution Incident Prevention Plan Informational Packet contains planning requirements under Part 31, Water Resources Protection, of Act 451. The suggested format/contents may be used by a Small Quantity Generator or Conditionally Exempt Small Quantity Generator who choose to develop a written emergency response plan and are not required to prepare a plan under other regulations. 
• Department of Consumer and Industry Services, Occupational Health Division maintains a list of HAZWOPER trainers. Call 517-322-1608 to obtain a copy or download the educational handout material order form. If you hire training providers to do your training, you will need to confirm with them if they will incorporate hazardous waste training pertinent to your company's activities into the program.
  

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RECORDKEEPING  
Hazardous waste generators are required to properly prepare, maintain, and submit copies of various records [R 299.9304, R 299.9307, R 299.9308, and R 299.9311].VIOLATIONS INCLUDE:

1. Failing to have a copy of manifest signed by designated facility within the applicable timeframe 
2. Failing to send manifest copies within the applicable timeframe to the Waste Management Division; and if sending to an out of state treatment, storage, and disposal facility, failing to send manifest copies to both the Waste Management Division and the other state agency 
3. Using wrong generator identification number on manifests or other reports (for example using a Michigan identification number instead of the facility's EPA identification number if they had been issued both numbers, or for those companies which have several sites, writing down another one of their site numbers instead of the site number where the waste was generated) 
4. Missing or incorrect waste codes or USDOT descriptions on manifests 
5. Missing copy of EPA's biennial hazardous waste report for Large Quantity Generators 
6. Missing land disposal restriction (LDR) notification and waste analysis documents 
7. Missing or incomplete information on the LDR documents such as categories, underlying hazardous constituents, and manifest numbers 
8. Listing LDR information that is inconsistent with waste characterization 

Above are common generator violations that have been identified during hazardous waste inspections by Department of Environmental Quality (DEQ), Resource Management Division staff. The violations are not listed by severity or frequency of findings. The hazardous waste administrative rules referenced are promulgated under Part 111 of the Natural Resources and Environmental Protection Act, 1994 PA, as amended (Act 451).
ADDITIONAL RESOURCE LINKS:

• Manifest Tracking System Flowcharts
  • Small Quantity Generator and Conditionally Exempt Small Quantity Generator Timetable Flowchart 
  • Large Quantity Generator Timetable Flowchart 
• EPA's biennial reporting system database   
• US DOT shipping descriptions 

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USED OIL 
Used oil generators have specific used oil and spent filter management requirements regarding waste oil characterization, accumulation, shipping and disposal under several different regulations. Resource Management Division inspectors are looking for compliance with the used oil management requirements under Part 111 Hazardous Waste Management administrative rules [R 299.9809 through R 299.9816] and Part 121 Liquid Industrial Waste.VIOLATIONS INCLUDE:

1. Failing to label used oil containers and tanks with the words "Used Oil" 
2. Failing to keep the containers closed, except when waste is added or removed
   • Leaving funnels in place that are not screwed into bung and do not have the capability of being kept closed 
3. Leaving containers exposed to weather or vandals 
4. Failing to analyze and retain total halogen testing records for used oil 
5. Failing to have records of liquid industrial waste, including used oil, that was shipped with a consolidated manifest 
6. Failing to use manifest, when required, for liquid industrial waste shipments 
7. Failing to have a copy of manifest signed by designated facility 
8. Failing to send manifest copies to appropriate state agencies within the applicable timeframe 
9. Using wrong generator identification number on manifests (for example using a Michigan identification number instead of the facility's EPA identification number if they had been issued both numbers, or for those companies which have several sites, writing down another one of their site numbers instead of the site number where the waste was generated) 

Above are common generator violations that have been identified during hazardous waste and liquid industrial waste inspections by Department of Environmental Quality (DEQ), Resource Management Division staff. The violations are not listed by severity or frequency of findings. The hazardous waste administrative rules referenced are promulgated under Part 111 of the Natural Resources and Environmental Protection Act, 1994 PA, as amended (Act 451)."
ADDITIONAL RESOURCE LINKS:

• Recycled Materials Market Directory  for a list of companies who recycle used oil and filters 
• Manifest Tracking System Flowcharts
  • Small Quantity Generator and All Liquid Industrial Waste Shipments Timetable Flowchart 
  • Large Quantity Generator Timetable Flowchart   
• US DOT Regulations specify the containers, placards, etc that must be used during hazardous materials transportation 
• Michigan State Police - Hazardous Materials bulletins on placarding, shipping papers, transporting fuel oil, etc. 
• Labeling requirements and sample labels for transportation and accumulation (link to be developed) 

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WASTE ACCUMULATION AREA  
Hazardous waste generators have specific requirements regarding how and where they accumulate their hazardous waste, including requirements for satellite accumulation [R 299.9306].VIOLATIONS INCLUDE:

1. Failing to conduct weekly inspections. Missing or incomplete written documentation of inspections by Large Quantity Generators. 
2. Exceeding the allowable on-site accumulation time frame for hazardous waste. 
3. Having inadequate space or aisle width to properly inspect containers and for emergency personnel access. 
4. Failing to have labels visible for inspections. 
5. Leaving containers exposed to weather or vandals. 
6. Lacking or inadequate secondary containment including:
   • Lacking or inadequate resistant coating and having cracked surfaces on secondary containment, 
   • Lacking or inadequate squirt protection, and 
   • Failing to have containers elevated or base of containment sloped to drain or sump, when required. 

SATELLITE ACCUMULATION
Generators may choose to accumulate waste in limited amounts at or near the point of generation under specific conditions. This practice is commonly referred to as satellite accumulation [R 299.9306(2)].
VIOLATIONS INCLUDE:

1. Missing the words "Hazardous Waste" on container. 
2. Missing the hazardous waste number or chemical name that identifies the contents on container. 
3. Exceeding the allowable volume for each satellite site (total of 55 gallons of hazardous waste or one quart of acute or severely toxic hazardous waste). 
4. Failing to keep the container at or near the point of waste generation. Lacking operator control of the process that generates the waste that goes into the satellite container. 
5. Failing to keep satellite containers closed, except when waste is added or removed. 
6. Forgetting to list the date the satellite container(s) reaches the 55 gallons limit and failing to manage it under all of the applicable hazardous waste accumulation area requirements within the allowable timeframe. 

Above are common generator violations that have been identified during hazardous waste inspections by Department of Environmental Quality (DEQ), Resource Management Division staff. The violations are not listed by severity or frequency of findings. The hazardous waste administrative rules referenced are promulgated under Part 111 of the Natural Resources and Environmental Protection Act, 1994 PA, as amended (Act 451).
ADDITIONAL RESOURCE LINKS:

• Weekly Hazardous Waste Maintenance Checklist is a form to assist in documenting weekly inspections. This form is not required to be used. 
• Satellite Accumulation Areas WMD operational memo 111-2 (link to be developed) 

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WASTE DETERMINATION  
Hazardous waste generators are required to determine if the waste is a hazardous waste by either knowledge of the waste stream or by testing it, and maintain records of that determination [R 299.9302].VIOLATIONS INCLUDE:

1. Failing to properly identify all the hazardous waste generated at the business. Commonly overlooked wastes include, but is not limited to, partially empty aerosol cans, electric lamps, electronic equipment, batteries, antifreeze, rags and other textiles, sorbents, spent paint filters, spent activated carbon filter media, and sand blasting residue. 
2. Failing to have waste evaluations documented and keep records for at least 3 years. 
3. Managing universal waste, such as electric lamps, mercury devices, batteries, and pesticides, incorrectly [R 299.9228]. 

Above are common generator violations that have been identified during hazardous waste inspections by Department of Environmental Quality (DEQ), Resource Management Division staff. The violations are not listed by severity or frequency of findings. The hazardous waste administrative rules referenced are promulgated under Part 111 of the Natural Resources and Environmental Protection Act, 1994 PA, as amended (Act 451).
ADDITIONAL RESOURCE LINKS:

• Hazardous Waste Identification EPA Training Module provides information on how to identify hazardous waste 
• Solid and Hazardous Waste Exclusions EPA Training Module provides information on the exclusions of some waste streams from the hazardous waste regulations 
• EPA's Waste Identification web page provides EPA clarifications and publications about hazardous waste characterizations.