26.13.10.17

.17 Small Quantity Handlers of Universal Waste — General Management Standards.

A. Labeling and Marking.

(1) A small quantity handler of universal waste shall label or mark the universal waste to identify the type of universal waste as specified in §A(2) of this regulation.

(2) A small quantity handler of universal waste shall:

(a) Clearly label or mark each universal waste battery that is not in a container, and each container in which universal waste batteries are being held with one of the following phrases:

(i) "Universal Waste—Battery(ies)";

(ii) "Waste Battery(ies)"; or

(iii) "Used Battery(ies)";

(b) Ensure that each container, multiple-container package unit, tank, transport vehicle or vessel which contains recalled universal waste pesticides, as described in Regulation .08A(1) of this chapter, is clearly labeled or marked with:

(i) The label that was on or accompanied the product as sold or distributed; and

(ii) The words "Universal Waste—Pesticide(s)" or "Waste—Pesticide(s)";

(c) Ensure that each container, tank, transport vehicle, or vessel containing unused pesticide products as described in Regulation .08A(2) of this chapter is clearly labeled or marked with:

(i) The label that was on the product when purchased, if the label is still legible;

(ii) The appropriate label as required under the U.S. Department of Transportation regulation, 49 CFR 172, if using the label described by §A(2)(c)(i) of this regulation is not feasible;

(iii) Another label prescribed or designated by the waste pesticide collection program administered or recognized by the State, if using the label described by §A(2)(c)(i) or (ii) of this regulation is not feasible; and

(iv) The words "Universal Waste—Pesticide(s)" or "Waste—Pesticide(s)";

(d) Except as provided in §A(3) of this regulation, clearly label or mark each item of universal waste mercury-containing equipment that is not in a container, and each container in which universal waste mercury-containing equipment is being held, with one of the following phrases:

(i) "Universal Waste—Mercury-Containing Equipment";

(ii) "Waste Mercury-Containing Equipment"; or

(iii) "Used Mercury-Containing Equipment";

(e) Clearly label or mark each universal waste lamp that is not in a container, and each container or package in which universal waste lamps are being held, with one of the following phrases:

(i) "Universal Waste—Lamp(s)";

(ii) "Waste Lamp(s)"; or

(iii) "Used Lamp(s)"; and

(f) Clearly label or mark each universal waste PCB-containing lamp ballast that is not in a container, and each container or package in which universal waste PCB-containing lamp ballasts are being held, with one of the following phrases:

(i) "Universal Waste—PCB-containing lamp ballast(s)";

(ii) "Waste PCB-containing lamp ballast(s)"; or

(iii) "Used PCB-containing lamp ballast(s)".

(3) As an alternative to the requirements of §A(2)(d) of this regulation, a small quantity handler of universal waste mercury-containing equipment may clearly label or mark a universal waste mercury-containing thermostat or a container that holds only universal waste mercury-containing thermostats with any of the following phrases:

(a) "Universal Waste—Mercury Thermostats";

(b) "Waste Mercury Thermostat(s) "; or

(c) "Used Mercury Thermostat(s)".

B. Accumulation Time Limits.

(1) Unless the requirements of §B(2) of this regulation are met, a small quantity handler of universal waste may accumulate universal waste for not longer than 1 year from the date the universal waste is generated, or received from another universal waste handler.

(2) A small quantity handler of universal waste may accumulate universal waste for longer than 1 year from the date the universal waste is generated, or received from another universal waste handler, if:

(a) Accumulation of the universal waste for a period longer than 1 year is solely for the purpose of accumulation of a quantity of universal waste as necessary to facilitate proper recovery, treatment, or disposal; and

(b) The handler can demonstrate, on request of the Department, and to the satisfaction of the Secretary, that accumulation of the universal waste for more than 1 year is solely for the purpose of accumulation of a quantity of universal waste as necessary to facilitate proper recovery, treatment, or disposal.

(3) A small quantity handler of universal waste shall:

(a) Be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received; and

(b) Make the demonstration required by §B(3)(a) of this regulation by:

(i) Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received by the handler;

(ii) Marking or labeling each individual item of universal waste, such as each battery or thermostat, with the date the individual item became a waste or was received by the handler;

(iii) Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received by the handler;

(iv) Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received by the handler;

(v) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received by the handler; or

(vi) Using any other method that clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received by the handler.

C. Employee Training. A small quantity handler of universal waste shall provide the following information to all employees who handle or have responsibility for managing universal waste:

(1) Proper handling procedures for each type of universal waste handled at the facility; and

(2) Emergency procedures appropriate for the types of universal waste handled at the facility.

D. Response to Release.

(1) A small quantity handler of universal waste shall:

(a) Immediately contain all releases of universal wastes and other residues from universal wastes; and

(b) Determine whether any material resulting from a release associated with the management of universal waste is hazardous waste, and if it is, manage the hazardous waste in compliance with all applicable requirements of COMAR 26.13.01—26.13.10.

(2) If a small quantity handler of universal waste has a release of hazardous waste, the handler:

(a) Is considered the generator of the hazardous waste resulting from the release; and

(b) Shall manage the hazardous waste in compliance with COMAR 26.13.03.