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A Hazardous Waste Guide for Farmers

What is The Purpose of this Guide?

This guide is designed to help New York State farmers to better understand and comply with the requirements of the hazardous waste regulations as they apply to the farming industry. It will provide you with an overview of the regulations and give you a basic understanding of your responsibilities as a hazardous waste generator.

As in any business, it is important for farmers to know exactly what wastes they are generating. Once these wastes are generated by your business, it is your responsibility to properly manage and dispose of these wastes. This guide will help you determine if you generate hazardous wastes, how to manage these wastes, and what requirements are imposed on your business if you do generate hazardous waste.

What is a Hazardous Waste?

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 (6 NYCRR 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) 518-402-9553 for assistance.

Which Of My Wastes Are Likely To Be Hazardous Wastes?

Some pesticides are listed as hazardous wastes, and others will display the characteristic of toxicity. In some cases, the pesticide's active ingredient may not be a listed hazardous waste, but the product may contain a toxic or flammable solvent which causes the waste to be hazardous. Other potentially hazardous wastes commonly found on a farm include some fertilizers, contaminated rinse water, contaminated soil from spills, oil paints, old gasoline, paint thinners, kerosene, and automobile parts cleaning solvents. Depending on your activities, other wastes may be hazardous as well.

What About My Used Oil?

Used oil is not considered a hazardous waste as long as it is recycled or burned for energy recovery, and not contaminated with any other hazardous waste. You should contact a recycler in your area to arrange for pickup of your used oil. Antifreeze can also be recycled if it has been determined that there is no contamination.

If I Generate Hazardous Waste, Am I Subject To Any Regulations?

Yes. All hazardous waste generators are responsible for properly managing and disposing of their waste. Depending on the type and volume of waste you generate and store, there are three categories you may fall into. They are: Conditionally Exempt Small Quantity Generator (CESQG), Small Quantity Generator, and Large Quantity Generator.

RCRA Generator Requirements
Requirement *LQG *SQG *CESQG
Waste Determination Yes Yes Yes
EPA ID Number Required Required Not Required
Non-acute Waste Limits Greater or equal to 1000 kg/mo (2200 lb/mo). Between 100-1000 kg/mo (220-2200 lb/mo). Less than or equal to 100 kg/mo (220 lb/mo).
Acute Waste Limits More than 1 kg/mo (2.2 lb/mo) and more than 100kg/mo. Of contaminated spill cleanup materials Less than or equal to 1 kg/mo (2.2 lb/mo) Less than or equal to 1 kg/mo (2.2 lb/mo)
On-site Accumulation Limits No Limit. 6000 kg. (13,200 lbs) Or less. 1000 kg. (2200 lbs) or less.
Accumulation Time Limits 90 days or less. 180 days or less. 270 days or less (if transported more than 200 miles). None
Satellite Accumulation Area 55 gallons non-acute or 1 quart acute HW at or near the point of generation. 55 gallons non-acute or 1 quart acute HW at or near the point of generation. Same as on-site accumulation.
Hazardous Waste Storage Area Full requirements for management of tanks and containers. Basic requirements with technical standards for tanks and containers. None
Manifest Required Required Not Required
Annual Hazardous Waste Report Required Not Required Not Required
Secondary Containment Storage of greater than 185 gallons of liquid over sole source aquifers. Storage of greater than 185 gallons of liquid over sole source aquifers. None
Closure Plan Storage of greater than 185 gallons of liquid over sole source aquifers. Not Required Not Required
Personnel Training Written Training Program Required Basic Training Required Not Required
Contingency Plan Required Not Required Not Required
Preparedness and Prevention Required Required Not Required
Land Disposal Restriction Required Required Not Required

* LQG: Large Quantity Generator *SQG: Small Quantity Generator *CESQG: Conditionally Exempt Small Quantity Generator.

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    Division of Materials Management
    Bureau of Hazardous Waste and Radiation Management
    625 Broadway
    Albany, NY 12233-7256
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