Prepared by:
Spotts, Stevens and McCoy, Inc.
Copyright:  Spotts, Stevens and McCoy, Inc.
SSM File No. 2195-020

TABLE OF CONTENTS

1.0   PURPOSE
2.0   APPLICABILITY
3.0   POLICY
4.0   REGULATORY CITATION
5.0   ENFORCEMENT
6.0   WASTE MINIMIZATION
7.0   PROCEDURES
8.0   REFERENCES

APPENDICES

A   CIVIL AND CRIMINAL PENALTIES
B   PROCEDURES
C   PREPAREDNESS PREVENTION AND CONTINGENCY (PPC) PLAN
D   WASTE MINIMIZATION PLAN
E   HAZARDOUS WASTE MANAGEMENT TRAINING PROGRAM
F   CHEMICAL HAZARDOUS WASTE LIST

GLOSSARY

THIS POLICY, IN ITS ENTIRETY, IS ON FILE IN THE OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY

1.0 PURPOSE

The Federal Resource Conservation and Recovery Act (RCRA) established the framework for hazardous waste regulation in 1976.  RCRA was enacted by Congress to protect human health and the environment from improper management of hazardous waste.  RCRA introduced the concept that the generator of a waste is responsible for proper waste management from “cradle-to-grave” (i.e. from laboratory to complete destruction).  RCRA regulations are found in 40 CFR Parts 260-279.

The purpose of this hazardous waste management policy document is to:

 · protect the health and safety of faculty, staff and students through the environmentally sound management of hazardous wastes;

 · ensure University compliance with state and federal regulations;

 · establish a policy and procedures for the management, handling, transportation  and disposal of hazardous wastes

There are specific regulatory requirements for individuals who generate and accumulate chemical waste: minimize and recycle, properly label and identify, and properly contain and dispose of chemical waste.  When improperly stored, disposed, transported or treated, hazardous wastes cause severe illness or death or pose substantial environmental risk.  This document will assist labs, studios and shops with regulatory compliance. Every lab, studio and shop on campus is subject to unannounced inspections by both the United States Environmental Protection Agency (EPA) and the Pennsylvania Department of Environmental Protection (DEP). Lack of compliance can result in citations and fines or, in extreme circumstances, personal civil and criminal liability.

2.0 APPLICABILITY

 This policy and the subsequent procedures apply to any unit or individual responsible for generation and handling of hazardous wastes on any property owned by Kutztown University.

3.0 POLICY

 The Kutztown University of Pennsylvania Administration establishes and approves of the information contained within this document, which in its entirety forms the policy and associated procedures for Hazardous Waste management.  The basis for this policy and the associated procedures shall be all applicable federal, state and local regulatory requirements governing hazardous wastes.

 The University, through the President, has delegated the responsibility and authority to manage and coordinate disposal of hazardous wastes to the Environmental Health and Safety Specialist.  However, each unit, which generates hazardous waste, shall be responsible for implementing and enforcing the established policy and procedures, as applicable.

 The custody and disposition of waste materials obtained or produced by, for and/or resulting from experiments, research or purchase is the responsibility of the University employee and his/her organizational unit so preoccupied.  This responsibility includes routine lab cleanouts and disposal of unknown substances.  The organizational unit budget, under which such material is obtained or produced, may be required to fund the analysis of unknown materials which can not be identified by proper or generic name for safe disposal.

No chemical waste shall be disposed of down drains, in the trash, by evaporation or through any other wastestream.  It is the responsibility of the generator to insure that waste accumulation areas are maintained in accordance with applicable rules and regulations.  Waste, accumulated in areas classified as Satellite or Central Accumulation Points, must be identified with the appropriate, properly completed, hazardous waste label and logged.

The generator, without approval from the Environmental Health and Safety Specialist, shall not reclaim any chemical or mixture that has been determined waste and which has been moved to the central waste accumulation area.

 Biannual "clean-outs" of all chemical stock storage areas will be performed to ensure that excessive chemical substances, that an environmental enforcement agency considers unmanaged, will not be accumulated.

Laboratory, studio and stockroom personnel will ensure that chemicals are segregated so that incompatible substances do not accidentally come in contact with one another when collecting hazardous waste for disposal.

A spill or discharge of any hazardous waste material, or other serious incident within a laboratory or other area of the university may be reportable to the government under specific sections of the regulations.  Specific procedures for reporting spills or discharges are found in Appendix B.

Employees who generate or otherwise handle hazardous wastes shall be required to complete a training program that complies with the regulations.  Employees shall participate, annually, in a review and evaluation of the components of the initial training program.  Records of training must be retained until closure of the university.  Training records for former employees shall be retained for the operating life of the university. Training program content and requirements are found in Appendix E.

4.0 REGULATORY CITATION

 The United States Environmental Protection Agency (EPA) and the Pennsylvania Department of Environmental Protection (PaDEP) have promulgated regulations, U.S. Title 40, Chapter I, Parts 262 and 265 and PA Title 25, Chapter 260-270, respectively, regarding the generation, identification and listing, transportation, storage, treatment and disposal of hazardous waste.

 Nothing in the current EPA or PaDEP regulations shall relieve or limit a person, municipality or others, who generate, transport, store, treat or dispose of hazardous waste from complying with the requirements set forth.

5.0 ENFORCEMENT

 Failure to comply with the regulatory requirements can result in notices of violations (NOVs), fines and potential administrative, civil or criminal actions from scheduled or unscheduled regulatory inspections.

 The PaDEP or EPA can levy enforcement actions per the RCRA regulation.  Typically, PaDEP and EPA will pursue “administrative actions” for noncompliance issues.  However, criminal enforcement may be pursued for "knowing" or "willful" violations by a company or individual employee.  PaDEP or the EPA may impose criminal penalties against individual employees for severe violations of environmental laws if the individual employee is implicated during an investigation.  Criminal penalties can include seizure of property and/or imprisonment.

 Appendix A contains two (2) tables detailing civil and criminal penalties under RCRA.

6.0 WASTE MINIMIZATION

 In order to reduce the volume of hazardous waste generated at the Kutztown University of Pennsylvania, a Waste Minimization Plan has been developed and is contained in Appendix D.

7.0 PROCEDURES

 Procedures have been developed utilizing the applicable state and federal standards as presented in US 40 CFR 262 and 265 and, PA Code Title 25, Chapter 262.  Details of these procedures, which must be followed to comply with the regulations, are listed in Appendix B.

8.0 REFERENCES

 Pennsylvania Department of Environmental Protection-Hazardous Waste Management (25 PA Code Chapters 260-270-August 15, 1998)

 Environmental Protection Agency (40 CFR Parts 260 through 268, 270, 273 and 279)

 Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. Sec 6901 et. seq.)

 Toxic Substances Control Act (15 U.S.C.A. 2601 et. seq.)

The PPC Plan conforms to the specifications presented in PA Code Title 25, Chapter 265, Subchapters C and D and the federal specifications presented in 40 CFR 265, Subparts C and D.

 United States Department of Transportation (49 CFR Parts 100 to 199)

 Since the Commonwealth of Pennsylvania has received authorization from EPA for its hazardous waste regulatory program, most of the state requirements apply in lieu of the federal requirements.

Copies of the references used in this policy are on file in the Office of University Safety.

Reviewed 8/2007 by Gerald L. Silberman