Responsibility for Determination

The generator holds the responsibility for determining whether a waste is hazardous. Two methods are available to a generator for classifying a waste: analytical testing data and the generator’s own knowledge of the materials and processes used to generate or produce the waste.

If you are a waste generator and you make a mistake in the classification process, you are subject to enforcement action, particularly if a hazardous waste is misclassified and managed as non-hazardous.