Utah Admin. Code R315-262-10 - General - Purpose, Scope, and Applicability
(a) The rules 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:
(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:
(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 ; such generator is subject to the applicable requirements of
Rule R315-124, R315-264 through R315-266, R315-270 and section 3010 of RCRA,
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 shall 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 which provisions of Rule R315-262 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 which 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 Rules R315- 270,
R315-264, R315-265, or R315-268 with respect to such 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 such 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.
Note 1: Section
R315-262-34
is applicable to the on-site accumulation of
Note 2: A generator who treats, stores, or disposes of
(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 rules 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 provisions of Section
R315-266-504.
Note: A generator who treats, stores, or disposes of
Notes
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