Frequent Questions

When multiple parties are involved in generating a hazardous waste, which party is considered the generator of the waste?

If more than one party plays a role in the generation of a hazardous waste at a site, the parties are “co-generators” and must decide between themselves who is to assume the generator responsibilities (Memo, Clay to Hekman; December 3, 1990 (RCRA Online #11571)). The generator requirements are satisfied if one of the parties assumes and performs the duties of the generator on behalf of both parties. Typically, these duties are assumed by the original generator who owns the site (Memo, Carra to McLean; May 3, 1989 (RCRA Online #13280)). 

The co-generator policy is a federal policy, so generators should contact their state hazardous waste agency to verify that the state implements the same or a similar policy with respect to co-generators (Memo, Shapiro to Warshaw; March 12, 1996 (RCRA Online #14027)).  State Web sites are available at the following URL:

www.epa.gov/epawaste/comments.htm

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

Memo, Cotsworth to Melchiori; March 12, 1997 (RCRA Online #14069
Memo, Petruska to Chirigos; August 10, 1995 (RCRA Online #11913
Memo, Shapiro to Stocker; March 4, 1994 (RCRA Online #11816
Memo, Lowrance to Turner; July 21, 1988 (RCRA Online #11355
Memo, Lucero and Williams to Regions; June 24, 1987 (RCRA Online #12952
Memo, Porter to Rinaldo; August 6, 1986 (RCRA Online #12706
Memo, Horner to Citizen; January 23, 1985 (RCRA Online #11053
Monthly 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)

Have more questions? Submit a request