Frequently Asked Questions About Hazardous Waste

What is hazardous waste?
A: A solid waste is a solid, a liquid, or a contained gaseous material that is no longer used or that no longer serves the purpose for which it was produced. Solid waste does not include domestic sewage or agricultural wastes. A hazardous waste is a solid waste that could pose dangers to human health and the environment if it is treated, stored, transported, or disposed of improperly. There are two types of hazardous waste: "listed" and "characteristic."

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How do I know if I'm generating hazardous wastes?
A: Persons that generate any wastes are required by the Colorado hazardous waste regulations to determine if their wastes are hazardous wastes. The first step in determining if you are generating a hazardous waste is to characterize your waste stream. Once you know what wastes you are generating, you need to evaluate each waste to:
- Determine if your waste meets the basic definition of a Resource Conservation and Recovery Act (RCRA) Subtitle C solid waste (guidance);
- If so, determine if your waste is specifically excluded from being a RCRA Subtitle C solid waste (guidance);
- If not otherwise excluded, determine if your waste is a listed hazardous waste and/or if it exhibits one or more characteristics of hazardous waste (guidance).
There are two types of hazardous waste: "listed" and "characteristic." To determine if your waste is a listed hazardous waste, you need to compare your waste stream to the lists of hazardous wastes contained in Section 261 of the Colorado Hazardous Waste Regulations to determine if your waste is included. Section 261 also defines "characteristic" hazardous wastes as wastes that are easily combustible or flammable (ignitable), if it dissolves metals or other materials or burns the skin (corrosive), if it is unstable or undergoes rapid or violent chemical reaction or produces toxic gases when mixed with water or other materials (reactive) or if it is a metal, pesticide, herbicide, or organic chemical at high enough concentrations that could be harmful or toxic if released into ground water (toxic).

You may apply knowledge of your process and use the Material Safety Data Sheets (MSDS) for information regarding the products you use to help determine if hazardous waste is generated at your facility. Be aware that the Material Data Safety Sheet may not provide all of the information you need to make this determination. You may also need to send samples to a laboratory that is familiar with the methods of analysis for hazardous waste or talk to your trade organization.

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What do I do if my waste is not a RCRA listed or characteristic hazardous waste, but is regulated under the Toxic Substances Control Act (TSCA)?
A: There are many more chemicals regulated under the Toxic Substances Control Act than are regulated as hazardous wastes. If your waste is not a listed or characteristic hazardous waste but is regulated under Toxic Substances Control Act, you should contact the EPA TSCA information line at 202-554-1404 or the EPA Toxic Substances and Control Act Program for guidance.

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How are generators of hazardous waste classified?
A: There are three generator classifications. These categories are based on the cumulative amount of hazardous waste generated in a calendar month and/or the amount of hazardous waste on site.

Conditionally Exempt Small Quantity Generators:

Generate no more than 100 kilograms (about 220 pounds or 25 gallons) of hazardous waste, AND no more than 1 kilogram (about 2.2 pounds) of acutely hazardous waste in any calendar month AND never accumulate more than 1000 kilograms of hazardous waste on their property.

Small Quantity Generators:

Generate more than 100 and less than 1000 kilograms (between 220 and 2200 pounds or about 25 to under 300 gallons) of hazardous waste and no more than 1 kilogram of acutely hazardous waste in any month AND never accumulate more than 6000 kilograms of non-acutely hazardous waste on site at any one time.

Large Quantity Generators:

Generate 1000 kilograms or more of hazardous waste or more than 1 kilogram of acutely hazardous waste in any calendar month.

You may find the Guide To Generator Requirements of the Colorado Hazardous Waste Regulations helpful in determining the requirements for each generator category.

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Does Colorado have cleanup levels for hazardous wastes in soils and ground water?

A: Cleanup levels are determined based on site-specific risk conditions that are protective of human health and the environment. The Hazardous Materials and Waste Management Division has developed the Colorado Soil Evaluation Values (CSEV) table to assist in determining site-specific soil cleanup levels.

The Division serves as an implementing agency for the Colorado water quality standards. Contaminated ground water and surface water must be remediated to meet appropriate water quality standards. The Division oversees how and when these standards are achieved. Water standards are available on the Internet at www.cdphe.state.co.us/regulations/wqccregs/index.html .

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How can I obtain information on the compliance history of a hazardous waste site?
A: The best way to obtain basic information regarding the compliance history of a particular facility is to visit EPA's Enforcement and Compliance History Online (ECHO) website located at www.epa-echo.gov/echo/. This site contains complete information on all Colorado facilities and is updated every 30 days. Basic information regarding sites and facilities that have been inspected recently are also listed in our quarterly enforcement reports.

To obtain more detailed information, you may arrange to review the files for the site through our Records Center.

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Are records for hazardous waste sites available for public review? Can copies be obtained of these records or portions of these records?

A: Yes, most records are available for public review in our Records Center under the Colorado Open Records Act. A written request is necessary and most files are not available on a walk-in basis. However, files are usually made available within 1-3 days after receipt of your request. This allows our staff time to locate, process, and make the files available for review. As soon as the records requested are available, your request will be assigned a "file review number" and you will be notified they are available at the Records Center. An appointment convenient to your schedule will be made to review the files. All requestors will be required to provide photo identification prior to receiving a record for review.

Copies (up to 30) can be provided the day of the review at a cost of $.50 per page. Any copying job over 30 pages will be available within three days for pick-up or mailing at a cost of $.18 per 8 1/2" x 11" page. Payment in the form of cash or check must be made at the time the copies are received in person or prior to mailing. We do not accept credit cards and cannot bill for services.

Certified copies for legal purposes can be done upon request. There is an additional five days needed to provide this service.

The requestor may take notes, bring tape recording devices, and/or portable computers. Outside photocopiers are not allowed.

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Hazardous Materials and Waste Management Division Hazardous Waste Program

Frequently asked questions about this program

Hazardous Materials and Waste Management Division
Hazardous Waste Program