Frequent Questions

If Company A leases space within its facility to Company B, can Company A fill out the manifest for hazardous waste sent off site for disposal?

A generator is defined as any person, by site, whose act or process produces hazardous waste identified or listed in 40 CFR Part 261 or whose act first causes a hazardous waste to become subject to regulation (Section 260.10). Thus, EPA considers both the owner of the facility (i.e., Company A) and the operator of the leased space (i.e., Company B) jointly and severally liable as generators. Under RCRA, EPA allows "co-generators" to designate one party to take primary responsibility for filling out the manifest and fulfilling other generator responsibilities on behalf of all parties. In fact, EPA prefers and encourages, where two or more parties are involved, that all parties agree to have one party perform the generator duties. Where this is done, EPA typically looks to the designated party to perform the generator responsibilities. If a responsible party is not clearly designated, or EPA does not know which party by mutual agreement is appointed to carry out the generator duties, the Agency will initially look to the operator of the process unit to fulfill the generator's duties (45 FR 72027, October 30, 1980). EPA; however, reserves the right to enforce against any and all persons who fit the definition of "generator" in a particular case if the requirements at Part 262 are not adequately met.;

Additional guidance regarding co-generators is available in the following documents: 

Memo, Cotsworth to Melchiori; March 12, 1997 (RCRA Online #14069)
Memo, Shapiro to Warshaw; March 12, 1996 (RCRA Online # 14027)
Memo, Petruska to Chirigos; August 10, 1995 (RCRA Online #11913)
Memo, Shapiro to Stocker; March 4, 1994 (RCRA Online #11816)
Memo, Regas to Guerry; October 11, 1988 (RCRA Online #11372)
Memo, Lowrance to Turner; July 21, 1988 (RRCRA Online #11355)
Monthly Call Center Report Question; December 1984 (RCRA Online # 12340)
Memo, Lindsey to Ellis; May 20, 1981 (RCRA Online # 11013
Memo, Dietrich to Cooper; November 18, 1980 (RCRA Online # 11005)
 
These documents are available in the RCRAOnline Database at the following URL:
 
www.epa.gov/rcraonline

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