A contractor does work at one of your facilities and, in the course of his work, generates a small amount of hazardous waste. Is your facility responsible for the proper disposal of the hazardous waste or is it the responsibility of the contractor/generator?
According to an EPA interpretation, both the facility and the contractor will be subject to the hazardous waste standards.
Generator is defined as any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 or whose act first causes a hazardous waste to become subject to regulation (40 CFR 260.10).
The generator of a waste may not necessarily be the person who actually produced the waste. For example, a contractor who removes hazardous residues from a product storage tank is the first person to cause the waste to become subject to regulation, rather than the owner of the tank. Although the person removing the waste from the unit is not the owner or operator of the unit, he or she may be considered a generator. The owner or operator of the unit may also be considered a generator since the act of operating the unit led to the generation of the hazardous waste. In other words, both the person that removed the waste and the owner or operator of the tank are considered to be co-generators.
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