R315-262-10. General -- Purpose, Scope, and Applicability

  (a) The regulations in Rule R315-262 establish standards for generators of hazardous waste as defined by Section R315-260-10.

  (1) A person who generates a hazardous waste as defined by Rule R315-261 is subject to all the applicable independent requirements in the sections listed below:

  (i) Independent requirements of a very small quantity generator.

  (A) Subsections R315-262-11(a) through (d) Hazardous waste determination and recordkeeping; and

  (B) Section R315-262-13 Generator category determination.

  (ii) Independent requirements of a small quantity generator.

  (A) Section R315-262-11 Hazardous waste determination and recordkeeping;

  (B) Section R315-262-13 Generator category determination;

  (C) Section R315-262-18 EPA identification numbers and re-notification for small quantity generators and large quantity generators;

  (D) Sections R315-262-20 through R315-262-27--Manifest requirements applicable to small and large quantity generators;

  (E) Sections R315-262-30 through R315-262-34--Pre-transport requirements applicable to small and large quantity generators;

  (F) Section R315-262-40 Recordkeeping;

  (G) Section R315-262-44 Recordkeeping for small quantity generators; and

  (H) Sections R315-262-80 through R315-262-84--Transboundary movements of hazardous waste for recovery or disposal.

  (iii) Independent requirements of a large quantity generator.

  (A) Section R315-262-11 Hazardous waste determination and recordkeeping;

  (B) Section R315-262-13 Generator category determination;

  (C) Section R315-262-18 EPA identification numbers and re-notification for small quantity generators and large quantity generators;

  (D) Sections R315-262-20 through R315-262-27--Manifest requirements applicable to small and large quantity generators;

  (E) Sections R315-262-30 through R315-262-34--Pre-transport requirements applicable to small and large quantity generators;

  (F) Sections R315-262-40 through R315-262-44--Recordkeeping and reporting applicable to small and large quantity generators, except Section R315-262-44; and

  (G) Sections R315-262-80 through R315-262-84--Transboundary movements of hazardous waste for recovery or disposal.

  (2) A generator that accumulates hazardous waste on site is a person that stores hazardous waste; such generator is subject to the applicable requirements of Rule R315-124, R315-264 through R315-266, R315-270 and section 3010 of RCRA, unless it is one of the following:

  (i) A very small quantity generator that meets the conditions for exemption in Section R315-262-14;

  (ii) A small quantity generator that meets the conditions for exemption in Sections R315-262-15 and R315-262-16; or

  (iii) A large quantity generator that meets the conditions for exemption in Sections R315-262-15 and R315-262-17.

  (3) A generator shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in Section R315-260-10, or not otherwise authorized to receive the generator's hazardous waste.

  (b) Determining generator category. A generator shall use Section R315-262-13 to determine which provisions of Rule R315-262 are applicable to the generator based on the quantity of hazardous waste generated per calendar month.

  (c) Reserved.

  (d) Any person who exports or imports hazardous wastes shall comply with Section R315-262-18 and Sections R315-262-80 through R315-262-84.

  (e) Any person who imports hazardous waste into the United States shall comply with the standards applicable to generators established in Rule R315-262.

  (f) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of Section R315-262-70 is not required to comply with other standards in Rule R315-262 or Rules R315- 270, 264, 265, or 268 with respect to such pesticides.

  (1) A generator's violation of an independent requirement is subject to penalty and injunctive relief under Sections 19-6-112 and 19-6-113.

  (2) A generator's noncompliance with a condition for exemption in Rule R315-262 is not subject to penalty or injunctive relief under Sections 19-6-112 and 19-6-113 as a violation of a Rule R315-262 condition for exemption. Noncompliance by any generator with an applicable condition for exemption from storage permit and operations requirements means that the facility is a storage facility operating without an exemption from the permit, interim status, and operations requirements in Rules R315-124, R315-264 through R315-266, and R315-270, and the notification requirements of section 3010 of RCRA. Without an exemption, any violations of such storage requirements are subject to penalty and injunctive relief under Sections 19-6-112 and 19-6-113.

  (h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility shall comply with the generator standards established in Rule R315-262.

  Note 1: The provisions of Section R315-262-34 are applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions of Section R315-262-34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.

  Note 2: A generator who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and permit requirements set forth in Rules R315-264, 265, 266, 268, and 270.

  (i) Reserved.

  (j) Reserved.

  (k) Reserved.

  (l) The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of Sections R315-262-200 through R315-262-216 are not subject to, for purposes of Subsection R315-262-10(l), the terms "laboratory" and "eligible academic entity" shall have the meaning as defined in Section R315-262-200:

  (1) The independent requirements of Section R315-262-11 or the regulations in Section R315-262-15 for large quantity generators and small quantity generators, except as provided in Sections R315-262-200 through R315-262-216, and

  (2) The conditions of Section R315-262-14, for very small quantity generators, except as provided in Sections R315-262-200 through R315-262-216.

  (m) Generators of lamps, as defined in Section R315-273-9, using a drum-top crusher, as defined in Section R315-273-9, shall meet the requirements of Subsection R315-273-13(d)(3), except for the registration requirement; and Subsections R315-273-13(d)(4) and (5).

  Note: A generator who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and permit requirements set forth in Rules R315-264, R315-265, R315-266, R315-268, and R315-270.