By Clare Condon, Managing Editor
ccondon@blr.com
As a hazardous waste generator, you have so many issues to deal with that you may overlook two common issues when looking to get the hazardous waste off your site.
One of these issues can land you in serious trouble. The other can cost more money than you have to spend.
- Issue #1: Are you unknowingly a hazmat offeror?
- Issue #2: Are you paying too much in hauling fees?
Issue #1: Have you crossed the line to hazmat offeror?
You’re a hazardous waste generator and you have hired a hazardous waste transporter to get your waste and haul it off. You’ve checked everything off your RCRA checklist and you’re ready for the stuff to be out of your hair. Unfortunately, you are probably not done.
Many hazardous waste generators are not aware that in addition to RCRA regulations under EPA, they have obligations under DOT’s hazardous materials regulations (HMRs) if they meet the definition of an "offeror" of hazardous materials. And, most likely, they do. A small Connecticut manufacturer was fined thousands of dollars for not going the extra step as required for an offeror. They were unaware of their obligations and were caught because a state that their waste was transported through uncovered HMR violations during a random check.
How can you tell if you are a hazmat “offeror”?
If you are a hazardous waste generator you are most likely considered an offeror (person who offers) under the DOT HMRs. This is true even if you hire a transporter to prepare and pick up your waste.
Offeror. Under the HMRs, an "offeror" of hazardous materials for transportation in commerce means any person who performs or is responsible for performing any pretransportation function required by the HMRs or who tenders or makes the hazardous material available to a carrier for transportation in commerce. An offeror is responsible only for the specific pretransportation functions that he or she performs or is required to perform.
If you meet the definition of offeror, that means you are responsible for complying with all the DOT HMRs (except shipping papers and spill response which are covered under RCRA) including training and security plan requirements as applicable.
Resources: If you think you might be a hazmat offeror, check out some of these resources for guidance:
- There is a great discussion of pretransportation functions in an analysis of requirements for Hazardous Materials Transporters.
- Training for hazmat employees
- Hazmat training checklist
- Guidance for preparing shipping papers
Issue #2: Are you paying too much for hauling fees?
You’ve worked hard to reduce the generation of waste at your facility, but have you considered looking into reducing your hazardous waste transporter fees?
EPA advises that you review your hauling service periodically to see if you are getting the service you need at the best price.
Tips when rebidding your hauling contract include:
- Consider whether to bid trash and recycling services together or separately.
- Let potential contractors review your operations before bidding.
- Send bid solicitations to three to five companies, including your current hauler.
- Require a cap on yearly increases during the contract term.
- Ensure the ability to change the type and size of disposal containers, the number of pickups, and the time of pickups without penalty.
- Don’t get tied into a contract with automatic renewal. Make sure you have the option to renew with similar terms.
Adjusting hauling services to reflect the reduced volumes of waste can add up to tremendous savings through decreased hauler fees, avoided disposal costs, maximized recycling revenues, and lower equipment maintenance and costs.
Clare Condon is the Managing Editor of BLR’s environmental publications. Before joining BLR, Clare spent many years in education and worked as a reporter, focusing primarily on environmental issues. She received a Bachelor of Arts degree in history from Herbert H. Lehman in New York City and a Master’s Degree from the University of Southern Maine. Clare is a member of the Connecticut Environmental Forum and the Connecticut chapter of the Society of Women Environmental Professionals.