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.

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…)