• current owner or operator of the site [CERCLA § 107(a)(1)];
• owner or operator of a site at the time that disposal of a hazardous substance, pollutant, or contaminant occurred [CERCLA § 107(a)(2)];
• person who arranged for the disposal of a hazardous substance, pollutant, or contaminant at a site [CERCLA § 107(a)(3)]; and
• person who transported a hazardous substance, pollutant, or contaminant to a site; that transporter must have also selected that site for the disposal of the hazardous substances, pollutants, or contaminants [CERCLA § 107(a)(4)]. (See 42 U.S.C. § 9607.)
Sites may become Superfund sites through bankruptcy or other financial stress, illegal or improper disposal, act of nature (flooding, tornado, earthquake), or fire or explosion. For these reasons, generators should be concerned about the ultimate disposal of their wastes; many choose to pay higher initial costs to have wastes incinerated so as to reduce their long-term liability. Generators may perform other actions to ensure proper disposal, such as facility audits, credit checks, inspections, and/or regulatory compliance reviews.
8.B.9 Manifesting Hazardous Wastes
Hazardous wastes are shipped off-site using a special hazardous materials bill of lading known as a Uniform Hazardous Waste Manifest (see Figure 8.2). Transporters typically complete the manifest, but the shipper (generator) is legally responsible for its accuracy and completeness. Generators are also responsible for keeping a copy of the manifest, as well as the returned manifest that documents the waste’s receipt at its destination. For this reason, it is important that generators have at least a basic understanding of the DOT and EPA requirements for proper completion of the form. Although instructions are provided with each manifest (printed on the back of the form), not all the information necessary to complete the manifest is provided.
Each container listed on the form must have a proper shipping name, hazard class, and EPA number. Shipping names are found in the Hazardous Materials Table (49 CFR § 172.101). For many chemical compounds, the name of the chemical is the proper shipping name. If the chemical name is not listed, then a generic hazard class (flammable liquid, corrosive solid, poisonous liquid, etc.) may be used. Once the proper shipping name has been identified, the columns to the right on the Hazardous Materials Table provide the hazard class, division, packaging requirements, and exemptions for the material.
EPA numbers must be provided for each line item on the manifest. These numbers are from the hazardous waste lists and characteristics associated with each waste. For instance, flammable liquids have a D001 hazardous waste ID number; corrosives are D002, and reactive wastes are D003. The toxic characteristics all have their own individual numbers. For example, arsenic wastes are D004. U- and P-listed chemicals each have their own number, beginning with either a U or a P, respectively. Should the waste carry more than one hazardous waste code, each should be listed on the manifest.
Other information on the manifest that must be provided (and completed correctly) are the generator’s EPA ID number; 24-hour emergency response number; generator address; name, address, and EPA number of the transporter; name, address and EPA number of the designated TSDF; and the generator certification.
Each manifest that includes labpacked material should also include inventory sheets for each container within each labpack. These forms help to meet the regulatory requirement for description of hazardous materials for regulated transportation; they also provide the permitted TSDF with Specific information regarding container contents. Other paperwork typically required for disposal includes a Land Disposal Restriction form, which provides information regarding proper disposal of each waste category on the manifest.
8.B.10 Records and Record Keeping
Records are needed both to meet regulatory requirements and to help monitor the success of the hazardous waste management program. Because the central accumulation area is usually the last place where waste is dealt with before it leaves the facility, it is often the most suitable place for ensuring that all appropriate and required records have been generated.
For regulatory purposes, the facility needs to keep records for on-site activities that include
• quantities and identification of waste generated and shipped;
• documentation of analyses of unknown materials if required;
• manifests for waste shipping as well as verification of disposal;
• inspection records, training records, contingency plans; and
• any other information required to ensure compliance to prevent long-term liability.
Although not required, a good practice is to request and keep certificates of final disposal or final disposi-