What is a hazardous waste?
A hazardous waste is any waste which meets the criteria for a listed hazardous waste per 40 CFR 261.31, 261.32 and 261.33 and/or which meets any of the criteria for a characteristic hazardous waste per 40 CFR 261.21, 261.22, 261.23 and 261.24. A hazardous waste also includes any waste which is deemed to be hazardous in the state of generation and/or state of disposal based upon state or local regulations.
A “Hazardous Waste” is simply a hazardous material you don’t want anymore. If a hazardous material is disposed of, that makes it a hazardous waste. If a hazardous material is spilled, and cannot be effectively picked up and used as a product, it is considered to be a hazardous waste. If a hazardous material sits unused, and it is obvious there is no realistic intent to use the material, it is considered to be a hazardous waste. Hazardous wastes are only allowed to stay on your site for a certain amount of time (normally 90 days) before being disposed of through a registered hazardous waste contractor.
There are several ways to determine if you generate a hazardous waste. The first way is to see if your waste is listed in the New York State hazardous waste regulations (6NYCRR Part 371). If you see your waste listed here, then it is a hazardous waste. If your waste is not listed in the regulations, then you can either have your waste tested according to the methods set forth in 6NYCRR Parts 371 and 372, or you can apply your knowledge of the waste to determine if it exhibits a hazardous characteristic. If you can’t determine whether or not your waste is hazardous just call the NYS Department of Environmental Conservation (DEC) toll free (800) 462-6553 for assistance.
As a result of conducting its business, a printer may generate wastes that are considered hazardous or otherwise regulated by EPA, state, and local agencies including the Department of Transportation. If not handled and disposed of properly, these wastes can cause serious problems, injury or death of humans, animals, and/or plant life; or damage or pollute land, air, or water. In addition, improperly handled and disposed wastes expose the printer to liability ranging from possible enforcement actions including but not limited to fines, cleanup costs associated with Superfund liability, and, in extreme cases, criminal enforcement. This fact sheet is designed to provide information on how to determine if a waste is classified as hazardous under the federal regulations. The federal regulations were developed as a result of the passage of the Resource Conservation and Recovery Act signed into law in 1976. It is important to recognize that some states have differing definitions of hazardous
