dnrec

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…)

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.

Notice of Violation Issued to Dover Air Force Base for RCRA Violations

The Bullet:

The Dover Air Force Base was issued a Notice of Violation (NOV) for multiple violations of the RCRA regulations by the Delaware DNREC.

Notice of Violation Number: 2014-11918

Who:Air Force Jet

Violator: Dover Air Force Base

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

DNREC Contact: Ferree, Melissa A / (302) 739-9403

What:

The Notice of Violation included the following:

  • Improper, incorrect, or no preparation of the Uniform Hazardous Waste Manifest when hazardous waste is offered for off-site treatment, storage or disposal.
  • Design standards for waste piles were not met.
  • Hazardous waste offered for transportation to transporters that have not received an EPA identification number or a Delaware hazardous waste transporter permit.
  • Hazardous waste offered for transportation to treatment, storage, or disposal facilities that have not received an EPA identification number.
  • Actions of a treatment, storage, or disposal facility by a generator for which DNREC requires a permit.
  • Failure to complete and document a hazardous waste determination.
Where:

Location Address: 600 Chevron Avenue  Dover AFB, DE 199025600

When:

Date Discovered: December 4, 2013

Enforcement Action Served: July 11, 2014

Why:

Violations of RCRA Regulations can jeopardize the environment and the health and safety of employees and the general public who live in that environment.  It is the responsibility of all hazardous waste generators to know and comply with the regulations – both State and Federal – to which they are subject.

How:

The DNREC has the authority granted it by the Resource Conservation and Recovery Act (RCRA) to operate the hazardous waste program within the state of Delaware.  The Dover Air Force Base is subject to RCRA regulations – both State and Federal.US Air Force Logo

Conclusion:

DE DNREC LogoYou may be surprised that property owned and operated by a branch of the US Armed Forces could be cited for violations of State environmental regulations, but they can.  An Air Force base no less than your company must comply with the RCRA regulations that apply to a hazardous waste from cradle-to-grave (ie. from its point of generation, through its transportation in commerce, to its final disposal).  A good first step to compliance is Facility Personnel Training required by 40 CFR 265.16.  Contact me to discuss how the RCRA regulations apply to you and what training you must provide.

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/

Delaware Composting Facility Issued NOV by DNREC

The Bullet:

The DNREC issued an NOV (Notice of Violation) to a commercial composting company based on information it provided in its quarterly report and an inspection of the site.  Potential violations  include exceeding the facility’s limits for on-site storage of yard and wood waste and the presence of plastic bags at the site.

Who:

DNREC – Department of Natural Resources and Environmental Control (Delaware) – Solid & Hazardous Waste Program

Wilmington Organic Recycling Center is the location of alleged violations.

Peninsula Compost Company, LLC is the Owner/Operator of site.

What:

Alleged violations documented on the NOV:

  1. Quarterly report showed that the storage limits for yard and wood waste overs exceeded the storage limits established in the BUD.  A Beneficial Use Project Determination, or BUD, establishes the limits within which a composting facility such as this must operate.
  2. Acceptance of prohibited waste – non-compostable plastic bags.
  3. Plastic continues to be abundant throughout Peninsula’s composting process with minimal effort to eliminate the contamination.
  4. Prohibited waste, especially plastic residual waste from the screening process, was stored on the ground with no enclosure.
Where:

Peninsula Compost Company, LLC and the Wilmington Organic Recycling Center are both located in Wilmington, DE

When:

Violations were noted on May 5, 2014.

Enforcement action served June 26, 2014.

Why:

Though facilities such as this are not subject to the high level of regulation as a hazardous waste TSDF, they still must comply with State and Federal regulations designed to protect the environment.  It seems clear from the alleged violations of this NOV, that the presence of plastic in composted material is a concern of the DNREC.

How:

Under Subtitle D of the Resource Conservation and Recovery Act (RCRA) the management of solid waste that is not a hazardous waste is primarily the responsibility of the State and not the US EPA.  Delaware exercised this authority to ensure the protection of the environment and the related health and safety of its citizens.

Conclusion:

It’s not only violations of the hazardous waste regulations that can result in NOVs and fines.  If you ship your non-hazardous waste to a facility such as this, be sure to perform an audit of its operations to determine if it is compliance with State and/or Federal regulations.

Contact me if you have any questions about the management of hazardous or non-hazardous waste.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Hazardous Materials Found in New Castle, DE Warehouse

DNREC’s Environmental Crimes Unit says it discovered drums of hazardous materials in a New Castle area warehouse.

DNREC officials say information from the U.S Environment Protection Agency’s Criminal Division led them to the warehouse rented by Recyclers of Delaware LLC.

There, according to DNREC, Environmental Crimes Unit officers found numerous unlabeled 55-gallon drums. Initial testing indicated those drums contained “volatile organic compounds and flammable chemicals.”

DNREC officials note the chemicals have been secured by its Emergency Response team and pose no threat to public health while a disposal is arranged.

Samples have been given to the EPA for further analysis. A decision on what, if any, action will be taken against Recyclers of Delaware will come after that analysis and the investigation are completed.

According to DNREC officials, the EPA’s discovery of a larger stockpile of hazardous material in Gloucester County, New Jersey yielded a link that led to the New Castle warehouse.

– See more at: http://www.wdde.org/51807-dnrec-hazardous-chemical-new-castle#sthash.B64JS9K9.dpuf