Cradle to Grave

Suggestions for Selecting a Transporter for Your Hazardous Waste

The generator of a hazardous waste has a cradle-to-grave responsibility for its management. This responsibility, as the term implies, extends through the hazardous waste’s off-site transportation to its final disposal. This responsibility makes it imperative for the generator to choose their TSDF (Treatment Storage or Disposal Facility) and the transporter of their hazardous waste with care. Remember:  you may be liable for the clean-up costs due from an accident involving your hazardous waste even after you have given it to a transporter or disposal facility.  The purpose of this article is to provide some suggestions for a generator of a hazardous waste when selecting a transporter for their hazardous waste.

BE PREPARED BEFORE YOU CONTACT A HAZARDOUS WASTE TRANSPORTER:
  • What are the type and amounts of waste you have for transport?
  • In what form is the waste (solid, liquid, semi-solid, containerized gas)?
  • In what type of containers is the waste?
  • What is the frequency of your generation and expected rate of off-site transport?
FACTORS IN CHOOSING YOUR TRANSPORTER:
  • Does the transporter have a Federal EPA Identification number?
  • Is the transporter licensed by your state Department of Transportation?
  • What is the transporters driving record?  Have they been cited for violations within the last two years?  Have they had spills or accidents in which they were cited for a violation of the regulations?
  • Ask for and check references of past and existing customers.
  • Determine the type and amount of insurance maintained by the Transporter.  Depending on the type and amount of waste they transport, and the requirements of your state, they may be required to have between $1 and $5 million in liability insurance.
  • Have drivers receivedHazMat Employee Training required every three years by the USDOT/PHMSA?

When choosing your hazardous waste transporter don’t let cost be your only – or even the most important – criteria.  A few dollars saved on a low-cost transporter now will seem puny when you are faced with clean-up costs.

The off-site transportation of your hazardous waste is just one of your responsibilities as a generator of hazardous waste.  Be sure you are in compliance with the Federal regulations of both the USEPA and USDOT/PHMSA and also the regulations of your state environmental regulatory agency.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

What’s a Hazardous Waste Generator to do About “Cradle to Grave” Responsibility Under RCRA?

The Resource Conservation and Recovery Act (RCRA) as envisioned by the US Congress when it was passed in 1976 was meant to create a system for controlling hazardous waste from the time it is generated to its final disposal, i.e.  “cradle to grave”.  While acknowledging this system, many hazardous waste generators fail to realize their responsibility for compliance with the RCRA regulations for the hazardous waste they generate from its initial generation to its final disposal.  In short, if you generate a hazardous waste you can be held responsible for its improper off-site transportation and disposal.  Short of transporting, storing, treating, and disposing of your hazardous waste yourself, what can a hazardous waste generator do to minimize their potential liability once the hazardous waste is out of their hands?  This article will provide guidance on questions to ask and information to seek out when choosing your hazardous waste transporters and TSDFs. (more…)

Former Hazardous Waste Transporter Sentenced for Unlawful Disposal, Storage and Transportation of Hazardous Waste

SACRAMENTO, Calif. – A Department of Toxic Substances Control (DTSC) investigation resulted in the successful prosecution and sentencing of former hazardous waste transporter Roy Paul Gressly for six felony violations of the Hazardous Waste Control Act.  DTSC’s Office of Criminal Investigations participated in the joint investigation with the US Environmental Protection Agency and the Santa Fe Springs Fire Department. The California Attorney General’s Office prosecuted the case against Gressly, who pleaded no contest to the six felony violations. Gressly was sentenced on Jan. 7, 2014, in Los Angeles Superior Court to 120 days in jail and three years probation for two counts of unlawful disposal of hazardous waste, two counts of unlawful storage of hazardous waste and two counts of unlawful transportation of hazardous waste to unauthorized locations.  “This type of illegal conduct will be investigated fully and those responsible will be held accountable,” said Reed Sato, DTSC Chief Counsel. “Illegal disposal, storage and transportation of hazardous waste threatens the health of the citizens of this community. I am pleased that we brought this violator to justice.

During his probation, Gressly is prohibited from working in the hazardous waste business. The court also ordered Gressly to pay more than $228,000 in restitution to former customers and landlords who had to clean up illegally stored and abandoned hazardous waste, and to pay a criminal fine of $7,500 plus applicable assessments, surcharges and penalties.  Operating under several business names, Gressly was a commercial hazardous waste transporter who accepted hazardous waste from customers for delivery to authorized disposal facilities.  Instead of delivering the waste for proper disposal, he stockpiled it at three unauthorized locations in the Los Angeles area and abandoned some of the waste at two of those locations. A spill from a leaking tanker truck prompted the investigation that discovered the violations.  Due to Gressly’s illegal activities, his former customers and the owners of properties where Gressly illegally stored and abandoned hazardous waste, had to pay substantial cleanup costs. In addition, public funds were necessary to clean up the waste.

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FOR GENERAL INQUIRIES: Contact the Department of Toxic Substances

Here for the full press release

Every generator of hazardous waste should take note of the fact that it was Mr. Gressly’s customers (ie. the generators of hazardous waste who entrusted him to dispose of it) along with the owners of the property where it was illegally stored that were initially responsible for clean-up costs.  They are fortunate that the state was able to recover some money from Mr. Gressly to compensate them for their losses.  The generator of a hazardous waste has a Cradle-to-Grave responsibility for its proper management.  This responsibility exists under the regulations of the Resource Conservation and Recovery Act (RCRA) for active hazardous waste sites (like this one) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for abandoned sites.

If you generate a hazardous, part of your cradle-to-grave responsibility is to provide initial training along with an annual review for all facility personnel.  Contact me to provide the mandatory RCRA training for your facility personnel.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/www.DanielsTraining.com

Cradle to Grave Under RCRA and CERCLA

RCRA – the Resource Conservation and Recovery Act – was passed in 1976 to amend the Solid Waste Disposal Act of 1965 and to address a growing national concern over the improper management and disposal of both hazardous and non-hazardous waste.  Subtitle C of RCRA established a system to manage by regulation a hazardous waste from its moment of generation through transportation to its treatment, storage, and finally, disposal.  The name for this comprehensive management system is:  Cradle to Grave.

  • Point of Generation = “Cradle”
  • Transportation to Treatment, Storage, or Disposal = “to”
  • Treatment, Storage, and Final Disposal = “Grave”

While RCRA regulates the generation, transportation, and disposal of hazardous waste, it also has the authority to clean up hazardous waste from active facilities.  RCRA does not, however, have the authority to address the problem of hazardous waste at inactive or abandoned sites or those resulting from emergency response to spills.  Enter CERCLA.

CERCLA – the Comprehensive Environmental Response, Compensation and Liability Act of 1980 – aka:  Superfund, was created to address the problem of hazardous waste and hazardous substances at inactive or abandoned sites or those resulting from emergency response to spills.  It was amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986.  Upon a site becoming subject to its regulations (ie. a Superfund Site), CERCLA imposes liability on parties responsible for, in whole or in part, the presence of hazardous substances at a site.  In other words, if you had anything to do with a hazardous substance ending up at a Superfund Site, either by transporting it their yourself or by contracting with others to do it for you, you have the potential to be identified as a Potentially Responsible Party (PRP) and be held responsible for the entire cost of cleaning up the site.  CERCLA’s authority in these matters is broad and has been upheld by the courts.

A generator of hazardous waste must know about CERCLA/SARA as well as RCRA because CERCLA has the authority to force a generator to clean-up a polluted site or scene of an emergency response spill if that generator ever sent any of its hazardous waste to that site.  But it goes further.  CERCLA regulates hazardous substances, not just hazardous waste.  The definition of a hazardous substance includes a hazardous waste, but it also includes 800 other hazardous substances listed in 40 CFR 302.4.  Many non-hazardous wastes, recycled materials, and de-regulated hazardous wastes (Universal Waste, Used Oil, etc.) contain hazardous substances, which includes:

  • Copper and Copper Compounds
  • Lead and Lead Compounds
  • Mercury and Mercury Compounds
  • Zinc and Zinc Compounds
  • And many more

So, every time you arrange for disposal of a hazardous waste by recycling, treatment, or disposal, you are opening up the potential for clean-up of a site under CERCLA or RCRA.  Every time you dispose of a non-hazardous or de-regulated hazardous waste – even scrap metal for recycling – you are opening up the potential for clean-up of a site under CERCLA if it contains a hazardous substance.  This responsibility exists even if your waste has been re-manifested by a third party prior to its disposal.  You can read more about the Superfund Program here.

What can you do?

  1. Accept that some risk is the cost of doing business.
  2. Do everything you can to eliminate the generation of waste.
  3. Ensure you are familiar with the regulations that apply to your operations and adhere to them.
  4. Perform “due diligence” of any facility to which you ship your waste for disposal, treatment, or recycling to ensure they are in compliance with the regulations and that they have measures in place to protect you from future liability such as a large cash reserve or sufficient insurance coverage.

At my training events I address all of the above while meeting the RCRA training requirements for Large and Small Quantity Generators of hazardous waste.  Contact me to discuss your training needs or review my training schedule to find a date and location near you.