Delaware Hazardous Waste Determination regulations & environmental compliance analysis

Delaware Hazardous Waste Determination: What you need to know

Governing Law and Regulations

Identification and classification of hazardous waste: 7 Delaware Administrative Code (DE Admin Code) 1302.261 and Appendices

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Definition of hazardous waste:

Rebuttable presumption for used oil: 7 DE Admin Code 1302.261.3(a)(2)(v)(A)

Regulatory Agency

Delaware Department of Natural Resources and Environmental Control (DNREC) Office of Environmental Protection Division of Waste and Hazardous Substances Solid and Hazardous Waste Management Section

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Delaware follows the federal regulations for identifying and classifying hazardous waste, but has not adopted all of the federal exclusions from the definitions of solid and hazardous waste. For example, although it has adopted the conditional exclusion from the definition of solid waste for cathode-ray tubes, Delaware has not adopted the federal conditional exclusion from the definition of solid waste for hazardous waste secondary materials.

Administration and enforcement. The Delaware Department of Natural Resources and Environmental Control's (DNREC) Division of Waste and Hazardous Substances administers and enforces the state's hazardous waste determination rules.

State Requirements

DEFINITION OF HAZARDOUS WASTE

Rebuttable Presumption for Used Oil

7 DE Admin Code 1302.261.3(a)(2)(v)(A)

As under the federal rules, Delaware states that the rebuttable presumption for used oil does not apply to metalworking oils/fluids containing chlorinated paraffins if they are processed, through a written contractual agreement (tolling agreement), to reclaim the metalworking oils/fluids. However, ...


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