Compliance with hazardous waste laws can be a complex and challenging process for many small and mid-sized companies.
Due to the intricate nature of environmental regulations, many organizations find it too costly to employ a dedicated staff member responsible for monitoring compliance. This often results in companies unintentionally violating hazardous waste laws, leading to significant financial risks in the form of fines and operational disruptions.
In our experience, many businesses are not adequately prepared for regulatory inspections. The financial exposure not only includes fines but also the costs associated with rectifying compliance issues.
Below, we have outlined the 10 most common hazardous waste violations that companies face:
- Lack of or Improper Labeling of Hazardous Waste
- Failure to Perform Hazardous Waste Determinations
- Improper Disposal of Hazardous Waste
- Inadequate or No Hazardous Waste Manifests
- Improper Management of Expired Hazardous Waste
- Lack of a Contingency Plan
- Inadequate or No Training for Employees in Hazardous Waste Management
- Open Containers
- Improper Management of Mercury
- Infrequent or No Weekly Inspections of Hazardous Waste Storage Areas
Lack of or Improper Labeling of Hazardous Waste
Proper labeling of hazardous waste containers is essential for safety and compliance. Many businesses fail to label
their storage containers correctly or omit important details such as the accumulation start date, hazardous waste category and relevant hazard warnings.
Labels must be clear, legible and compliant with the Environmental Protection Agency (EPA) and Department of Transportation (DOT) requirements.
Failure to Perform Hazardous Waste Determinations
Businesses must accurately identify all hazardous waste streams generated at their facilities. Failure to classify waste correctly can result in improper handling, transportation or disposal.
Conducting periodic waste assessments and testing materials to determine hazardous characteristics such as ignitability, corrosivity, reactivity and toxicity is essential for compliance.
Improper Disposal of Hazardous Waste
One of the most severe violations occurs when businesses dispose of hazardous waste improperly. This includes dumping hazardous materials into municipal trash, pouring chemicals down drains or releasing contaminants into the environment. These actions not only result in heavy fines but can also cause environmental and public health hazards.
Inadequate or No Hazardous Waste Manifests
Hazardous waste must be tracked from its point of generation to its final disposal through a Uniform Hazardous Waste
Manifest. This document ensures proper handling and transportation by authorized entities.
Failure to maintain accurate and complete records can lead to compliance violations and difficulties in tracking waste disposal activities. Make sure you check out our article, How EPA e-Manifest Changes Will Impact Hazardous Waste Generators, to keep up to date on the latest changes to the federal e-Manifest system.
Improper Management of Expired Hazardous Waste
Expired chemicals and hazardous materials require special handling and disposal. Facilities like research laboratories, hospitals and universities frequently struggle with managing outdated chemicals, leading to storage violations. Implementing a chemical inventory system and scheduling regular hazardous waste pickups can help mitigate this risk.
Lack of a Contingency Plan
A hazardous waste contingency plan is required to minimize risks associated with spills, fires, explosions or other emergencies involving hazardous materials. This plan must be documented, regularly updated, and communicated to local emergency responders. Failing to prepare and distribute a contingency plan is a serious regulatory violation.
Inadequate or No Training for Employees in Hazardous Waste Management
Employees handling hazardous waste must receive appropriate training to ensure safe and compliant
management practices. Training programs should cover proper waste storage, emergency response procedures and compliance with hazardous waste regulations. Lack of training can result in workplace hazards and increased regulatory scrutiny.
Open Containers
Hazardous waste containers must remain closed and secured at all times except when actively adding or removing waste. Open containers pose significant safety and environmental risks, leading to frequent citations during inspections. Ensuring proper container management can help businesses avoid costly penalties.
Improper Management of Mercury
The EPA has intensified enforcement against improper disposal of mercury and mercury-containing products. Mercury waste disposal, including thermostats, fluorescent bulbs and dental amalgams, must be handled with extreme care to prevent contamination.
Businesses should implement proper disposal procedures and work with certified waste disposal companies to ensure compliance with this type of waste that is found in multiple fields, including medical and hospital settings.
Infrequent or No Weekly Inspections of Hazardous Waste Storage Areas
Facilities storing hazardous waste must conduct and document weekly inspections of their storage areas. Inspections help identify leaks, container damage and other compliance issues before they escalate. Establishing a routine inspection schedule and maintaining proper records can help businesses stay compliant and avoid penalties.
How to Avoid Violations
Compliance with hazardous waste regulations doesn’t have to be overwhelming. Implementing structured policies, conducting regular training and working with a reputable hazardous waste management company can significantly reduce the risk of violations.
By staying informed and implementing best practices, businesses can avoid costly fines, improve workplace safety, and contribute to environmental sustainability.
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