Who is responsible for the “Determination of Hazardous Waste”?

The generator is responsible for “determination of hazardous waste,” meaning they decided whether their waste is hazardous or non-hazardous. (See Code of Federal Regulations Title 40 CFR 262.11) Federal Regulations allow generators to make that determination by either testing via Toxicity Characterization Leachate Procedure (TCLP); or applying knowledge of the hazard characteristic in light of the materials and/or the processes used. This means you have the option to use documented waste analysis results of treatment, such as our testing results . Click here for Federal Regulations regarding maximum allowable concentration for silver in TCLP results:  40 CFR 261.24 Toxicity Results Table 1