NYSDEC Compliance and Reporting for Large Quantity Generators (LQG) of Hazardous Waste
If you are an owner or an operator of an industrial or manufacturing facility that may fall under the category of
- a Generator;
- a Treatment, Storage & Disposal Facility;
- or a reporting, Non-Regulated facility,
you are obligated to complete an Annual Hazardous Waste Report and submit it to the New York State Department of Environmental Conservation (NYSDEC) by March 1, 2018.
The Annual Hazardous Waste Report is required under 6 NYCRR (New York Codes, Rules and Regulations) Parts 372, 373 and 483. It also meets United States Environmental Protection Agency (USEPA) requirements and federal provisions in Sections 3002 and 3007 of the Resource Conservation and Recovery Act of 1976 (RCRA) as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA). It consists of three (3) forms: the Site Identification Form, the Waste Generation and Management Form, and the Waste Received Form.
The facility shall file an Annual Hazardous Waste Report for 2017 if:
1. In the 2017 calendar year the following was reported:
a) In any single month, the facility generated 1,000 kg (2,200 lbs.) or more of hazardous waste as defined by RCRA or New York State; or
b) In any single month, the facility generated or accumulated at any time, more than 1 kg (2.2 lbs.) of RCRA acute hazardous waste (see RCRA Section VI. Definitions); or
c) In any single calendar month, the facility generated (or accumulated at any time) more than 100 kg (220 lbs.) of spill cleanup material contaminated with RCRA acute hazardous waste.
2. The facility treated, stored, or disposed of RCRA or State hazardous wastes onsite in units subject to NYCRR Part 373 permitting requirements.
3. The facility generated 15 tons or more of hazardous waste or hazardous wastewater. Only universal waste is exempt from this requirement. No other exemptions or exclusions to annual hazardous waste reporting apply.
If you are not required to file an Annual Hazardous Waste Report, you might still need to file an Annual Waste Report. For more information check our post on NYSDEC Annual Waste Reporting, which is also due on March 1st 2018.
Important Distinction for Wastes Neutralized On-site
Please note that hazardous waste managed on-site immediately upon generation only in wastewater treatment units or elementary neutralization units, as defined in 6 NYCRR 370.2(b), is not to be counted for the Annual Report filing. However, if your facility is required to file an Annual Hazardous Waste Report, as listed above, NYSDEC requires that wastes treated in the treatment and/or neutralization units be reported too. Hazardous waste imported from a foreign country must be counted in determining the generator status if the facility is the United States (U.S.) Importer.
How to File and Annual Hazardous Waste Report?
The Annual Hazardous Waste Report may be filed either electronically, using the EASITRAK software program for New York found on the American Resource Management (ARM) web site: or by mail, using paper forms. The electronic filing is encouraged by the NYSDEC; though, you need to remember to verify your e-filing by printing and mailing a signed copy of the “Declaration of Electronic Filing” Form (that is provided on the electronic filing website) to the NYSDEC upon completion using the address provided below. If you choose the paper filing, you will need to complete all the required forms provided at www.dec.ny.gov/chemical using black ink, sign Page 19 of the Site ID Form and send it to the following address:
New York State Department of Environmental Conservation
Division of Environmental Remediation
Manifest & Reporting Section
625 Broadway, 12th Floor
Albany, New York 12233-7252
Big Penalty for Large Quantity Generators
Please note that if you are a Large Quantity Generator (LQG) and fail to file the Annual Hazardous Waste Report, you could be subject to enforcement actions, including, but not limited to, financial penalties up to $37,500 per day per violation.
Hazardous Waste Consulting
Walden has over 20 years of experience with regulatory compliance and can assist you in preparation of your Annual Hazardous Waste Report(s) to avoid any violations and penalties by becoming compliant with the NYSDEC regulations. We will be happy to assist you with understanding of the Environmental Conservation Law (ECL) regulatory fee requirements and quarterly Special Assessment Taxes payable to the NYS Department of Finance. You can reach us at 516-624-7200, (518) 698-3012, or (845) 745-0888.