Utah Admin. Code R315-262-10 - General - Purpose, Scope, and Applicability
(a) The requirements in Rule R315-262
establish standards for generators of hazardous waste as defined by Section
R315-260-10.
(1) A person who generates a hazardous waste
as defined by Rule R315-261 is subject to the applicable independent
requirements in Subsections
R315-262-10(a)(1)(i)
through R315-262-10(a)(1)(iii).
(i) Independent requirements of a very small
quantity generator:
(A) Subsections
R315-262-11(a)
through R315-262-11(d)
Hazardous waste determination and recordkeeping; and
(B) Section
R315-262-13 Generator category
determination.
(ii)
Independent requirements of a small quantity generator:
(A) Section
R315-262-11 Hazardous waste
determination and recordkeeping;
(B) Section
R315-262-13 Generator category
determination;
(C) Section
R315-262-18 EPA identification
numbers and re-notification for small quantity generators and large quantity
generators;
(D) Sections
R315-262-20 through
R315-262-27 --Manifest
requirements applicable to small and large quantity generators;
(E) Sections
R315-262-30 through
R315-262-34 --Pre-transport
requirements applicable to small and large quantity generators;
(F) Section
R315-262-40
Recordkeeping;
(G) Section
R315-262-44 Recordkeeping for
small quantity generators; and
(H)
Sections R315-262-80 through
R315-262-84 --Transboundary
movements of hazardous waste for recovery or disposal.
(iii) Independent requirements of a large
quantity generator:
(A) Section
R315-262-11 Hazardous waste
determination and recordkeeping;
(B) Section
R315-262-13 Generator category
determination;
(C) Section
R315-262-18 EPA identification
numbers and re-notification for small quantity generators and large quantity
generators;
(D) Sections
R315-262-20 through
R315-262-27 --Manifest
requirements applicable to small and large quantity generators;
(E) Sections
R315-262-30 through
R315-262-34 --Pre-transport
requirements applicable to small and large quantity generators;
(F) Sections
R315-262-40 through
R315-262-44 --Recordkeeping and
reporting applicable to small and large quantity generators, except Section
R315-262-44; and
(G) Sections
R315-262-80 through
R315-262-84 --Transboundary
movements of hazardous waste for recovery or
disposal.
(2) A
generator that accumulates hazardous waste on site is a person that stores
hazardous waste. The generator is subject to the applicable requirements of
Rules R315-124, R315-264 through R315-266, and R315-270 and Section 3010 of
RCRA for treatment, storage, and disposal facilities, unless it is one of the
following:
(i) a very small quantity
generator that meets the conditions for exemption in Section
R315-262-14;
(ii) a small quantity generator that meets
the conditions for exemption in Sections
R315-262-15 and
R315-262-16; or
(iii) a large quantity generator that meets
the conditions for exemption in Sections
R315-262-15 and
R315-262-17.
(3) A generator may not transport,
offer its hazardous waste for transport, or otherwise cause its hazardous waste
to be sent to a facility that is not a designated facility, as defined in
Section R315-260-10, or not otherwise
authorized to receive the generator's hazardous waste.
(b) Determining generator category. A
generator shall use Section
R315-262-13 to determine the
requirements of Rule R315-262 that are applicable to the generator based on the
quantity of hazardous waste generated per calendar month.
(c) Reserved.
(d) Any person who exports or imports
hazardous wastes shall comply with Section
R315-262-18 and Sections
R315-262-80 through
R315-262-84.
(e) Any person who imports hazardous waste
into the United States shall comply with the standards applicable to generators
established in Rule R315-262.
(f) A
farmer who generates waste pesticides that are hazardous waste and who complies
with the requirements of Section
R315-262-70 is not required to
comply with other standards in Rule R315-262 or Rule R315-270, R315-264,
R315-265, or R315-268 with respect to the waste pesticides.
(1) A generator's violation of an independent
requirement is subject to penalty and injunctive relief under Sections
19-6-112 and
19-6-113.
(2) A generator's noncompliance with a
condition for exemption in Rule R315-262 is not subject to penalty or
injunctive relief under Sections
19-6-112 and
19-6-113 as a violation of a Rule
R315-262 condition for exemption. Noncompliance by any generator with an
applicable condition for exemption from storage permit and operations
requirements means that the facility is a storage facility operating without an
exemption from the permit, interim status, and operations requirements in Rules
R315-124, R315-264 through R315-266, and R315-270, and the notification
requirements of Section 3010 of RCRA. Without an exemption, any violations of
the storage requirements are subject to penalty and injunctive relief under
Sections 19-6-112 and
19-6-113.
(h) An owner or operator who initiates a
shipment of hazardous waste from a treatment, storage, or disposal facility
shall comply with the generator standards established in Rule
R315-262.
(i) Reserved.
(j) Reserved.
(k) Reserved.
(l) The laboratories owned by an eligible
academic entity that chooses to be subject to the requirements of Sections
R315-262-200 through
R315-262-216 are not subject to,
for purposes of Subsection
R315-262-10(l),
the terms "laboratory" and "eligible academic entity" shall have the meaning as
defined in Section R315-262-200:
(1) the independent requirements of Section
R315-262-11 or the requirements
in Section R315-262-15 for large quantity
generators and small quantity generators, except as provided in Sections
R315-262-200 through
R315-262-216; and
(2) the conditions of Section
R315-262-14, for very small
quantity generators, except as provided in Sections
R315-262-200 through
R315-262-216.
(m) Generators of lamps, as
defined in Section R315-273-9, using a drum-top
crusher, as defined in Section
R315-273-9, shall meet the
requirements of Subsection
R315-273-13(d)(3),
except for the registration requirement, and Subsections
R315-273-13(d)(4)
and R315-273-13(d)(5).
(n) Reverse distributors, as defined in
Section R315-266-500, are subject to
Sections R315-266-500 through
R315-266-510 for the management
of hazardous waste pharmaceuticals in lieu of Rule R315-262.
(o) Each healthcare facility, as defined in
Section R315-266-500, shall determine
whether it is subject to Sections
R315-266-500 through
R315-266-510 for the management
of hazardous waste pharmaceuticals, based on the total hazardous waste it
generates per calendar month, including both hazardous waste pharmaceuticals
and non-pharmaceutical hazardous waste. A healthcare facility that generates
more than 100 kg, 220 pounds, of hazardous waste per calendar month, or more
than 1 kg, 2.2 pounds, of acute hazardous waste per calendar month, or more
than 100 kg, 220 pounds, per calendar month of any residue or contaminated
soil, water, or other debris, resulting from the clean up of a spill, into or
on any land or water, of any acute hazardous wastes listed in Section
R315-261-31 or Subsection
R315-261-33(e),
is subject to Sections
R315-266-500 through
R315-266-510 for the management
of hazardous waste pharmaceuticals in lieu of Rule R315-262. A healthcare
facility that is a very small quantity generator when counting its hazardous
waste, including both its hazardous waste pharmaceuticals and its
non-pharmaceutical hazardous waste, remains subject to Section
R315-262-14 and is not subject
to Sections R315-266-500 through
R315-266-510, except for
Sections R315-266-505 and
R315-266-507 and the optional
requirements of Section
R315-266-504.
(p) Sections
R315-262-15 through
R315-262-17 are applicable to
the on-site accumulation of hazardous waste by generators. Therefore, Sections
R315-262-15 through
R315-262-17 only apply to owners
and operators who are shipping hazardous waste that they generated at that
facility.
(q) A generator who
treats, stores, or disposes of hazardous waste on-site shall comply with the
applicable standards and permit requirements set forth in Rules R315-264,
R315-265, R315-266, R315-268, and R315-270.
Notes
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