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Overview of Chemical Waste Laws and Regulations
There are many different laws and regulations which govern the management
of chemical waste at the University of Maryland, Baltimore. It should
be remembered that any of the applicable laws and regulations can
be the basis for a regulatory citation. The purchase and use of
any hazardous chemical carries with it the responsibility to be
aware of the regulations governing its use and disposal. RCRA: The Resource Conservation and Recovery Act (RCRA), also known as
the "Solid Waste Disposal Act" was passed in 1976. This
law empowered the Environmental Protection Agency (EPA) to regulate
the disposal of solid and hazardous waste in the United States.
In Maryland, the enforcing agency is both the Maryland Department
of the Environment and the United States EPA. The main purpose of RCRA was to promote the protection of health
and the environment and to conserve valuable materials and resources.
RCRA established standards for the accumulation, transportation,
storage, treatment, and disposal of hazardous waste generated within
our society. Additionally, with the advent of RCRA, the generator
of a hazardous waste was now the legal owner of the waste from the
moment it was identified as a hazardous waste to point where it
is no longer classified as a hazardous waste, thus, the "cradle
to grave" concept. CERCLA: The Comprehensive Environmental Responsibility, Compensation and
Liability Act, better known as the Superfund Act, was mandated in
1980, This was established to clean-up hazardous waste sites that
pose a potential danger to the public. The most important effect
of this law is the establishment of a liability system which makes
the original generator of a waste responsible for that material
forever. Under this law the EPA can require those deemed responsible
to take action to clean up hazardous waste sites, or it can clean
up the site itself and recoup the money and costs required in the
clean up from the responsible parties. HSWA: In 1984, Congress passed the Hazardous and Solid Waste Amendments
which reauthorizes RCRA. The main feature of this law is the land
ban which mandates that all hazardous waste must be treated and
made nonhazardous before disposal in landfill. Until 1984, most academic institutions that generated hazardous wastes
were exempt from many of the RCRA requirements for generators, because
they generated less than 1,000 kg per month of hazardous waste.
However, with the HSWA, that limit was lowered to 100 kg per month.
As a result, almost all colleges and universities now fall under
the regulations established by RCRA. Regulations: Regulations dealing with the disposal of waste in Maryland are a
combination of local, state and federal requirements. Hazardous
waste is defined as materials which are ignitable, reactive, corrosive,
toxic, radioactive, or appears on a list of specific waste materials.
It is a felony to knowingly and willfully dispose of material which
meets these criteria in the normal trash or sewer. In accordance with federal regulations, Maryland maintains a waste
manifest system which tracks all hazardous waste generated in the
state from the generator's site until it reaches its final disposal
site. The manifest is uniform across the country, so it is possible
to track waste anywhere in the United States. Other RCRA regulations require that large quantity generators of
hazardous waste maintain contingency plans for hazardous waste spills
and inspect waste accumulation areas. Employees whose work generates
hazardous waste must be trained in proper disposal procedures. In
addition, generators must keep records of, and annually report to
the USEPA and MDE, the amounts and types of waste generated. A special
area of emphasis of these regulations is the development of a waste
minimization program which is to reduce the amount of waste the
generator produces. All of the laws and regulations described above make compliance the
responsibility of the employer. Ignorance of these laws and regulations
is no defense against citations or fines. At the University, the
user of a hazardous chemical is ultimately responsible for compliance
with regulations applicable to a particular chemical. The Environmental
Health and Safety department was established to assist the University
community in compliance with these requirements. RCRA Enforcement: The USEPA and MDE are authorized to seek civil and criminal penalties
for RCRA violations. Educational institutions have not been excluded.
Several universities have been found guilty of RCRA violations and
have had to pay substantial penalties. The individuals guilty of
RCRA violations can be personally brought to court and face mandatory
penalties as well as imprisonment. One substantial penalty for violation
of EPA regulations is that the institution and in consequence the
faculty, staff and researchers may not receive federal funds. Due
to these developments, Universities must ensure that staff, faculty
and students are educated concerning waste management practices. List
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