Haz Waste Audits
iSi conducts audits and inspections to find potential environmental violations, including hazardous waste. Let us give you that second set of eyes to make sure your company is on track.
The following is an example of a fluorescent lamp hazardous waste citation given to a manufacturing facility by a state’s environmental regulatory agency. The company appealed to the state’s Office of Administrative Hearings. Although this particular citation was from a state regulatory agency, the citation referenced a federal hazardous waste regulation and thus this issue may be cited in any location.
Can this scenario be found at your facility?
A company was found with one spent 8’ fluorescent lamp on a shelf.
40 CFR 273.13(d)(1), 273.14(e), and 273.15(c)
The company was cited with hazardous waste violations for
1) Failure to containerize lamp;
2) Failure to label lamp as Universal Waste; and,
3) Failure to mark lamp with accumulation start date
The company tried to prove that the lamps used are non-hazardous (do not contain mercury above the TCLP limit) and were purchased from Lowe’s by providing receipts. However, receipts found were from 4’ lamps and not 8’ lamps.
The company also stated that a marked container was indeed present for lamps (and the state environmental agency acknowledged a container marked “Universal Waste – Lamps” was present in their notes from the inspection). The company argued that therefore, they should not be cited for the container violations of failure to label and failure to date, only the failure to containerize.
The Ruling in Appeal:
It was found that while the fluorescent lamp was ultimately placed in the container as required, that it did not detract from the fact that, upon inspection, the spent lamp had not been placed in a container. Moreover, since the lamp was not in a labeled container, the regulation requires that the lamp itself be labeled. If the lamp was not in that container then it must be labeled, according to the regulation.
Likewise, the fluorescent lamp needed to be dated to indicate when it became waste. While the there was a labeled and dated container in the facility, the lamp in question was not in that container. Because the lamp was not in the container maintained by the facility, the company was in technical violation of all three regulations.
Are you maintaining your fluorescent lamps properly? What about the other wastes at your facility? iSi can help you determine what you’re currently doing correctly and which areas need changes. Let us come take a look at your facility today!