Delaware

Delaware Proposes Changes to its Hazardous Waste Regulations

The Department of Natural Resources and Environmental Control (DNREC), Division of Waste and Hazardous Substances, Solid and Hazardous Waste Management Section will conduct a public hearing on the proposed regulatory amendments to Delaware’s Regulations Governing Hazardous Waste.

Proposed amendments:
  • Modify the characteristics of ignitability (hazardous waste code D001) to mirror the federal requirements.
  • Correct typographical and reference errors.

To review the proposed amendments

The public may also view the proposed amendments Monday through Friday from 8:00 a.m. to 4:00 p.m. at this DNREC location: 89 Kings Highway, Dover, DE 19901. (302) 739-9403.

A Public Hearing will be conducted on:

Jan. 21, 2016 starting at 6:00 pm
DNREC Richardson and Robbins Building, Auditorium
89 Kings Highway
Dover, Delaware 19901

Written comments will be accepted until January 21, 2016 and should be sent to:  lisa.vest@state.de.us or Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901.

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/

If you’re like me you read, “Modify the characteristics of ignitability (hazardous waste code D001) to mirror the federal requirements.” and thought, “Whoa! What’s that all about?”  Well, you can relax.  The answer is, not much.  The proposed change to the regulatory definition of ignitability in the Delaware regulations will include specific language about the definition of a flammable compressed gas and an oxidizer instead of merely reading “…as defined in 49 CFR Part 173…”

Read my article on the Characteristic of Ignitability (D001) for Hazardous Waste

As a state with an authorized hazardous waste program, the Delaware DNREC can create and enforce its own regulations for the management of hazardous waste as long as they are at least as strict as those of the US EPA.  This is an instance where DNREC wishes for its regulations to mirror those of the EPA.  There are other instances where hazardous waste regulations in Delaware differ from those of the EPA.  My Onsite RCRA Training addresses those state-specific regulations and how they apply to your facility.

RCRA Violations Detected and Corrected at Delaware Solid Waste Authority – Cherry Island Landfill

The Bullet:

The Cherry Island Landfill, operated by the Delaware Solid Waste Authority was issued several Notice of Violations (NOVs) by the Delaware Department of Natural Resources and Environmental Control (DNREC) for several potential violations of the state’s Solid and Hazardous Waste Program.

Who:

Delaware Department of Natural Resources and Environmental ControlDelaware Department of Natural Resources and Environmental Control (DNREC)

Delaware Solid Waste Authority – Cherry Island Landfill

What:
  • Containers of hazardous waste were kept on-site past their accumulation time limit.
  • Containers and above ground tanks holding used oil on site must be marked with the words Used Oil.
  • A small quantity handler of universal waste must inform all employees who handle or have responsibility for managing universal waste. The information must describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.
  • Universal waste container must be marked.
  • A small quantity handler of universal waste must contain any lamps in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps.
  • Containers of hazardous waste must be marked with the words “Hazardous Waste” or with other words that identify the contents of the containers.
Where:

The Delaware Solid Waste Authority – Cherry Island Landfill is located at 1706 East 12th Street Wilmington, DE 19809

When:
  • Date violations discovered:  September 21, 2015
  • Date violations corrected:  Varies but no later than October 29, 2015
  • Enforcement action served:  December 21, 2015
Why:

“It’s the mission of the Delaware Department of Natural Resources and Environmental Control to protect and manage the state’s vital natural resources, protect public health and safety, provide quality outdoor recreation and to serve and educate the citizens of the First State about the wise use, conservation and enhancement of Delaware’s Environment.”

Unfortunately education isn’t always enough and that’s why the DNREC issued NOVs in this case.  To the credit of the operators of the Cherry Island Landfill most of the violations were corrected in a matter of days and all of them within a little over a month.

How:

As a state with an authorized hazardous waste program, the DNREC has the authority to enforce state regulations for the management of hazardous waste, universal waste, and used oil.

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/
Conclusion:

DNREC submits NOVs to the Delaware Solid Waste Authority for violations of state regulations that are, in turn, based on Federal regulations.  Whether your operations are private or public, you must comply with the hazardous waste regulations, state and Federal, created by the Resource Conservation and Recovery Act (RCRA).  One requirement of the hazardous waste regulations is that you provide training for those employees who work with or around hazardous waste.

 

 

Contact Information – Emergency and Otherwise for the Delaware Department of Natural Resources and Environmental Control

Contact Information – Emergency and Otherwise for the Delaware Department of Natural Resources and Environmental Control

Got a spill or other emergency? Have a question about your air permit?  Wastewater discharge permit?  Management of hazardous waste?  Well, if you do business in Delaware, you’re in luck.  The Delaware Department of Natural Resources and Environmental Control (DNREC) provides contact information for all of its programs and departments.  Please refer to this list if you have any questions for the DNREC. (more…)

Hazardous Waste Container not Labeled = RCRA Violation for Delaware Body Shop

The Bullet:

It does not appear that any fines were issued, but a simple violation of the state hazardous waste regulations could have been avoided with a little knowledge.Delaware Department of Natural Resources and Environmental Control

Who:

Enforcement Agency:  Delaware Department of Natural Resources and Environmental Control (DNREC)

DNREC Contact: Davis, William B

Violator: Brandywine Body Shop

What:

Enforcement Number: 2014-11975 Program: Solid & Hazardous Waste

Where:
Brandywine Body Shop
1325 Newport Gap Pike
Wilmington DE
When:

Date violation discovered: 08/19/2014

Date corrected: 08/19/2014

Date notice of violation served: 11/28/2014

 

Why:

Containers of hazardous waste were not marked with the words “Hazardous Waste” or with other words that identify the contents of the containers.

How:

As a state with an authorized hazardous waste program, Delaware may conduct RCRA compliance inspections of businesses within its borders and issue violations and fines for non-compliance.

Conclusion:

Something as simple as failing to label a hazardous waste container resulted in a violation for this business.  If you don’t have the time or resources for my Onsite Training or for one of my Training Seminars, consider the low-cost and quick alternative to formal training that will bring you into compliance:  Webinar Training.

Daniels Training Services815.821.1550Info@DanielsTraining.comhttps://www.danielstraining.com/

 

Royal Farms Store in Dover, DE Issued RCRA Violation for not Conducting a Hazardous Waste Determination

The Bullet:

A Dover, DE store in the Royal Farms chain was issued a violation by the Delaware Department of Natural Resources and Environmental Control for a simple – but common – violation of the State’s hazardous waste regulations.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
Who:

Royal Farms Store #139 of the Royal Farms chain of retail stores.

Delaware Department of Natural Resources and Environmental Control (DNREC).  DNREC Contact: William DavisDelaware Department of Natural Resources and Environmental Control

What:

As a generator of a solid waste, the store failed in its responsibility under both Federal and State regulations to conduct, and document, a hazardous waste determination.

Where:
Royal Farms Store #139
6 West Lebanon Road
Dover, DE 19901
When:

Date Discovered: 05/02/2014

Enforcement Action Served Date: 07/22/2014

Date Corrected: 08/21/2014

Why:

A person that discards any material generates a solid waste.  Unless that person is exempt from regulation under the Resource Conservation and Recovery Act (RCRA) – and this store clearly is not – they must conduct a hazardous waste determination.  This determination must be documented (no format is specified) and a record kept for at least three years from the last date the waste was shipped off-site for treatment, disposal, or recycling.

How:

The state of Delaware – like most other states – has an authorized hazardous waste program which requires it to enforce the RCRA regulations within its borders.  A state that does not enforce its regulations stands to loose its authorization to manage its own hazardous waste program.

Conclusion:

A person can be forgiven of thinking that the hazardous waste regulations of RCRA apply only to large industries, utilities, landfills, and the like.  It can be surprising to learn that a local retail store is subject to the same regulations.  First and foremost among the RCRA regulations is to conduct a hazardous waste determination.  From that, a solid waste generator can determine what status of hazardous waste generator they are, and what regulations apply to the cradle-to-grave management of their hazardous waste.Heavy industry

Not sure of your hazardous waste generator status?

Take this short survey

Don’t wait for a Notice of Violation from your state to learn you are subject to the regulations.  Contact me and I can assist you with the hazardous waste determination and any training you may require as well.

Delaware Hospital Cited for Multiple RCRA Violations

The Bullet:

A hospital in Dover, DE was cited for multiple violations of state regulations by the DNREC.

Who:
Delaware Department of Natural Resources and Environmental Control Logo

The DNREC enforces RCRA regulations in Delaware

Bayhealth Kent General Hospital.  A Large Quantity Generator of hazardous waste and a Small Quantity Handler of Universal Waste.

Delaware Department of Natural Resources and Environmental Control (DNREC)

DNREC Contact: Ferree, Melissa A

DNREC Contact Phone: (302) 739-9403

What:

A generator of hazardous waste and a handler of universal waste is subject to regulations (based on the Resource Conservation and Recovery Act or RCRA) for the cradle to grave management of that waste.

Where:

Bayhealth Kent General Hospital is located at 640 South State Street Dover, DE 19901

When:

Date discovered:  July 31, 2014

Enforcement Action served August 22, 2014

Why:

The hospital was cited for the following violations of state regulations based upon the Resource Conservation and Recovery Act (RCRA):

  • Containers of hazardous waste were not marked with accumulation start date.
  • A list of personnel names and job titles was not maintained as part of the Facility Personnel training records.
  • Copies of the Uniform Hazardous Waste Manifest for off-site shipments of hazardous waste were not maintained for the required three years.
  • Universal waste lamps were not contained in containers or packages that were structurally sound, adequate to prevent breakage, and compatible with the contents.
  • Hazardous waste storage areas were not inspected at least weekly, and a written record of the inspections were not maintained for at least 3 years.
  • Hazardous waste containers in a Satellite Accumulation Area were not marked either with the words “Hazardous Waste” or with the word “Waste” and a description to identify the contents of the container (e.g., Waste Acetone, Waste Solvent).
  • Containers of universal waste batteries were not labeled/marked properly to identify the contents.
  • A copy of all notices, certifications, waste analysis data and other documentation produced pursuant to the RCRA regulations were not retained on site for a minimum of three years.
  • The exception report was not submitted to the DNREC as required when a signed copy of the Uniform Hazardous Waste Manifest was not received by the generator within 45 days of it being shipped off-site.
  • Hazardous waste (not in a Satellite Accumulation Area) was accumulated on-site for more than 90 days.  Accumulation of hazardous waste beyond 90 days requires a permit from DNREC.
  • Uniform Hazardous Waste Manifest was not prepared properly by the generator.
  • Written job description not maintained as part of the training records for each employee handling hazardous waste.
  • Waste containers and tanks were not labeled or clearly marked with the words “Hazardous Waste”.
  • Hazardous waste in a Satellite Accumulation Area was not maintained properly.
  • Containers of hazardous waste were not kept closed except for times when adding or removing waste.
  • Generator did not have a RCRA Contingency Plan.
  • Initial training not provided for all employees handling hazardous waste (ie. Facility Personnel).
  • Annual hazardous waste report not completed and submitted.
  • Hazardous waste determination not completed.
  • Arrangements and agreements with local authorities for emergency services were not made.
  • Hazardous waste generated on-site was offered for off-site transportation to transporters that had not received an EPA identification number and a Delaware hazardous waste transporter permit.
  • Hazardous waste generated on-site was transported for disposal to treatment, storage, or disposal facilities (TSDFs) that have not received an EPA identification number.
How:

As a state with an authorized hazardous waste program the DNREC is the lead agency for the enforcement of state environmental regulations in Delaware.  Violations such as these can be discovered during periodic unannounced inspections of a hazardous waste generator.

DNREC Inspector

The Delaware DNREC conducts unannounced RCRA inspections of regulated businesses

Conclusion:

A long list of violations – and an unspecified amount of fines – were assessed for what are – for the most part – relatively simple violations of the regulations.  While only a few of the violations directly relate to the requirement to provide initial and annual training for all Facility Personnel, all of them are things that a generator of hazardous waste should know and are topics addressed in my Training Seminars.  Further, my Onsite Training includes a site inspection and informal consultation that would have revealed these deficiencies before the training even took place.  Consider a situation like this when you determine if Hazardous Waste Personnel Training costs too much.

Contact me for a free training consultation.

Contact me with any questions you may have about the transportation of hazardous materials

 Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/