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Compliance with the Dangerous Waste Regulations

Today’s Reality

Businesses must file an annual report with Ecology if they generate more than 220 pounds of hazardous waste in any month. These businesses are referred to as medium or large quantity generators, or MQGs and LQGs, depending on the amount of hazardous wastes they generate. Ecology is responsible for inspecting about 1,200 medium and large businesses. Ecology inspectors must also respond to referrals from local government and complaints from the public.

The Environmental Protection Agency’s Office of Enforcement and Compliance Assurance study, “The Analysis of Change in Generator Compliance Using Regulatory Compliance Indicator,” shows compliance rates drop by 20 percent when inspections are done more than three years apart. In the last three years, with an inspection staff averaging 14, Ecology averaged 202 inspections per year, including resulting enforcement actions. At this rate, it will take more than five years to inspect all businesses. When compliance rates drop, there are significant increases in environmental threats. Due to the lack of regulatory presence, the current rate of finding environmental threats at inspected businesses is 76 percent – the highest rate since 1992. Ecology has asked for, but now received, legislative funding for more inspectors.

The state assists MQGs and LQGs in complying with hazardous waste regulations and reducing their use of toxic chemicals. Local governments, however, have the authority to help small quantity generators (SQGs) -- businesses that generate less than 220 pounds of hazardous wastes a month. Collectively, SQGs add up to a significant toxic threat. In 2006, Ecology estimated that more than 30,000 businesses likely generate hazardous waste in the Puget Sound area, yet less than 1,000 are in the state's hazardous waste tracking system. Most of these hazardous waste generators are small businesses. That is why Ecology asked and got authorization from the 2008 Legislature to establish the local source control program. Through this program, 10 local inspectors are hired to inspect these smaller generators and give them technical assistance. The inspectors have completed close to 2,000 technical assistance visits. Three additional urban waters specialists were also hired.

Goals: What Washington will look like in 30 years (by 2035)

The regulatory compliance activities of the HWTR Program will maximize effectiveness and help achieve the Beyond Waste vision through these goals:

Build on existing relationships.

Ecology has strong working relationships with hazardous waste generators, which has improved compliance with the Dangerous Waste Regulations. In addition, Ecology works constructively with other state agencies such as the Puget Sound Partnership, other Ecology programs, such as the Water Quality program, and local agencies, through the local source control specialists program to improve compliance efforts.

Improve information availability.

Ecology makes information more readily available to generators through various avenues including person-to-person contact and internet-accessible data and guidance.

Protect Washington waters.

Ecology’s efforts are helping to achieve the Governor’s goal of restoring Puget Sound as well as protecting other waters in Washington State. As fewer resources go to cleanup, including cleaning up our water bodies, more resources go to preventing waste. Facilities pay the true cost of waste management, and waste minimization efforts are more cost-effective.

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