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Author: admin

Category : Questions

If a California facility generates acid waste but neutralizes it and it’s disposed through a wastewater treatment system, does the amount of acid waste need to be considered for the purpose of determining generator status?

Under RCRA regulations, hazardous waste water treated prior to sewer or NPDES permit
discharge is regulated under the Clean Water Act, not RCRA (the so-called sewer exclusion).
The California Health and Safety Code does not include a sewer exclusion, and attempts to
interpret the federal rule as applicable have failed [Peo. V. Sangani (citations omitted)]. Due to the
fact Title 22 regulations were modeled after RCRA rules that rightly ignore this issue, the state
regulations are silent on the subject, hence the confusion. This issue has come up only once before,
under the 1992 Treatment Permitting Reform Act that established tiered permitting (which I hope
you have, if not exempt), with respect to exempting waste water being treated from generator fees.
In regards to counting them toward generator size, most generators and regulators looked the other
way (and lack of manifesting made this issue easy to ignore).
Unfortunately, the Legislature enacted Senate Bill 612, which adds a new provision to the
Health and Safety Code at § 25158.1 requiring all hazardous wastes generated to count toward
generator size at 22 CCR § 66262.34, and requires DTSC to add this to its regulations by December 31, 2016.
In my opinion, this will turn a lot of SQGs into LQGs.

Author: admin

Category : Questions

In accordance with 40 CFR 262.34(d)(5) Small Quantity Generators are required to post the emergency coordinator, emergency numbers and locations of emergency equipment next to the phone. Could we use a title for the Primary Emergency Coordinator? We always have an Operator on site who has had Hazardous Waste training which includes emergency response and I was hoping to write Emergency Coordinator: Operator in Charge and include our Control Room phone number? At least the 1st or 2nd alternate would be myself or the Plant Manager. Let me know if you think the agencies would accept that.

Any reasonable regulator would accept your means of identifying the emergency coordinators. It does not really matter in any event because this type of offense, if any, is defined as a minor violation and the consequence is 30 days to correct with no penalty.

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Environmental and OSHA Compliance reviews/audits are performed for clients interested in an independent evaluation of compliance status for performance assessment, planning, or as part of a risk prevention strategy. Dufour provides comprehensive or selective topic reviews to evaluate practices with respect to regulatory requirements and provides a report with concise findings (and recommendations, if requested) under attorney-client privilege.

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To augment its regulatory compliance and representation practice, Dufour Seminars & Training hosts web-based training, as well as employer-hosted training in selected regulatory topics, including: Hazardous Waste & Universal Waste Management and Cal/OSHA

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Can your plant survive a dumpster diving inspection or a plant inspection by your local CUPA, DTSC or the U.S. EPA?

About This Training…

This training covers regulatory requirements for California generators and practical compliance and enforcement avoidance strategies. Topics include:

  • RCRA & non-RCRA hazardous waste determination and exclusions;
  • Generator classification: Federal or state LQG or SQG, and applicable ID numbers and reports;
  • Point of generation satellite accumulation, storage time limit, and containment requirements;
  • Universal waste identification and management;
  • On-site treatment permitting, exemptions, and related requirements;
  • Off-site transportation requirements; and
  • Recordkeeping and administrative requirements.

Why You Need This Training…

  • Annual hazardous waste training is MANDATORY.
  • Knowing enforcement and violation trends, and new requirements is essential to compliance and avoiding unexpected and punitive enforcement actions
  • California hazardous waste regulations are significantly different and more complicated than federal RCRA regulations.
  • Relatively minor offenses are subject to onerous EPA, state, and local enforcement.

Do You Know…

  • Your plant’s hazardous waste status (RCRA, non-RCRA, non-hazardous) and its generator status (LQG, SQG, CESQG)?
  • Point-of-generation, satellite accumulation, and storage area hazardous waste requirements?
  • What wastes can be legally discharged to the sewer system?
  • Whether hazardous wastes are being treated, and if this treatment requires a permit or other regulatory obligations?
  • Whether employees are being properly trained to handle hazardous wastes, sign manifests, etc.?
  • Whether you are getting the best deals in waste management?

If you answered no or are unsure about your answers, this training is a must-attend!

May 20, 2021

Register Now

Author: admin

Category : CalOSHA , Programs , Show Home

Why You Need This Web-Based Training…

Cal/OSHA Standards, enforcement practices, and penalties are all independent of federal OSHA, and are becoming more onerous, and will not be relaxed under the new Administration in Washington. You need to know about recent changes in laws and regulations to avoid increasingly frequent high penalty inspections–well into the 6-figure range in many cases

What is Happening at Cal/OSHA that you Should Know?

Citations and Penalties:

  • Repeat Citations: Based on a new regulation being adopted by mid-2016, the definition of a repeat citation has changed from the same violation at the same location or establishment to any
    substantially similar violation, hazard, or condition state-wide at the same employer or corporate entity establishment within 5 years of an initial citation. Calculation of penalties for repeat violations involves loss of adjustments, as well as loss of the 50% abatement credit for a serious citation; and a tiered multiplier of 2, 4, and 10 for each successive repeat up to a maximum of $70,000.
  • Loss of Abatement Credits: Historically, abatement credits of 50% were automatically calculated into Cal/OSHA penalties. Under state law and a new regulation, abatement credit is forfeited if the violation is not corrected within the  10 days of the citation’s abatement date. An appeal no longer stays abatement!
  • Increase in Both Federal and State OSHA Penalties: The increase in federal OSHA penalties nearly doubled Fed/OSHA penalties to $124,709 for Willful and Repeat, and to $12,471 for Serious and Non-Serious citations. State program penalties must match Fed/OSHA’s–in California, 2017 legislation will increase penalties for Non-Serious or General/Regulatory violations up to $12,471, and up to $124,709 for Repeat and Willful violations, effective July 1, 2017.
  • Cal/OSHA Penalties for a Serious Citation are Already Higher than Fed/OSHA and Every Other State: Maximum fine of $25,000 and a mandatory minimum fine of $18,000 for an accident-related serious citation have been in effect since 2000, but many more will be issued due to a Serious citation definition change.
  • Cal/OSHA’s Reduced Burden of Proof to Issue a Serious Citation: Fed/OSHA and other state OSHAs are required to prove an employer either knew or should have known about the violation, and the violation would result in a substantial probability of death or serious injury. Under a 2010 law, Cal/OSHA is not required to prove employer knowledge, and only has to show a realistic possibility of serious physical harm of any type to issue a Serious citation.

Multi-Employer Workplaces and Temporary Employees

  • Multi-Employer Liability: Every employer at a multi-employer work site in California can, and will be cited for any Cal/OSHA Standard violated, irrespective of the employment relationship between the employer and the employees exposed to the violation or hazard.
  • Employer’s Liability for Contract and Temporary Worker Safety and Compensation: A new Labor Law effective in 2015 [Labor Code § 2810.3] bars employer clients of temporary agencies and labor contractors from shifting responsibility for any safety requirement, including training, to the agency or contractor. In addition, related provisions make the client employer jointly responsible for wages and benefits.

Criminal Enforcement

  • Prosecutions of Employers and Managers as Criminals in Workplace Accident Cases are Becoming Commonplace: According to the Cal/OSHA Bureau of Investigation (BOI), every year, about 200 cases of accident-related Safety Order violations are investigated by BOI, and 10 to 20% referred to District Attorneys for prosecution as crimes–which can be felonies with up to 3 years imprisonment and an up-to-$1.5 million corporate fine [California Labor Code § 6425(a)].

Cal/OSHA has the Most Onerous Standards and Enforcement in the U.S.

As any employer in California knows or should know, Cal/OSHA Safety Orders are the sole source of OSHA regulations in the state (except for U.S. government facilities). Some of the unique state-only standards have resulted in an extraordinary number of citations and high penalties; for example, from October 2015 through September 2016:

Injury and Illness Prevention: 2,141 citations; $2,365,395 in penalties

Outdoor Heat Illness Prevention: 2,940 citations; $2,887,482 in penalties

Given the frequency of citations against certain standards, as illustrated, coupled with the revised repeat citation regulation, employers will need to establish practices to prioritize compliance and avoid high frequency citations likely to be repeated.

What You Will Learn…

  • How to prioritize compliance to address the most important standards and prevent accidents;
  • Design your safety program to meet IIPP requirements and qualify for the Independent Employee Act and Employer Lack of Knowledge defenses;
  • Whether your establishment is on the list of high hazard workplaces targeted for an inspection;
  • How to manage inspections and follow up to minimize serious citations;
  • The most commonly cited violations, and your organization’s citation history;
  • The best strategy to avoid repeat and willful citations;
  • How to avoid loss of abatement credits; and
  • About the appeals process and making it work for you.

Coming Soon


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Category : Programs , Prop 65 , Show Home

Proposition 65 – the California Safe Drinking Water and Toxics Enforcement Act, a well-recognized product labeling, signage and Safety Data Sheet (SDS) regulatory requirement for products and other exposures in California will be changing its mandatory warning methods and content effective August 30, 2018.

Any business printing warnings on product labels, posting warning signs or providing OSHA Hazard Communication labels and SDSs will need to know what changes are required under the revised safe harbor regulations in Title 27, California Code of Regulations, Sections 25601, et seq. Highlights of the changes include:

  • Specific wording of warnings that differs from previous safe harbor language.
  • Mandatory listing of at least 1 cancer-causing and/or reproductive harm-causing chemical.
  • A new short-form label warning method eliminating the naming of any chemicals.
  • All Proposition 65 warnings must display the link, “”.
  • Signage for environmental warnings must meet the above requirements, as well as placement and print size.
  • There are specified warnings for certain types of activities in terms of wording, placement and other information.
  • All Proposition 65 warners will be notified by OEHHA as to how and when to populate the P65Warnings website.

Author: admin

Category : Programs

Employees who are assigned to any aspect of shipping and receiving of hazardous materials and hazardous wastes are required by California regulation to have annual training in addition to the DOT’s triennial training requirement. Due to unique and complicated California hazardous waste requirements, vigorous enforcement and high visibility of hazardous materials shipments, employers cannot afford to have untrained or poorly-trained employees.

This webinar covers the following topics:

WARNING This frequently overlooked requirement is resulting in costly penalties as DOT, FAA, and CAP ramp up enforcement!

Increase in DOT Penalties
DOT hazardous materials penalties have increased steadily from $893,000 in 2007 to $2.2 million in 2011. Many of these cases arise from hazardous materials shipping
errors referred to DOT by carriers, highway patrol officials, and other regulators. This trend is expected to continue under the current Administration. Federal Aviation Administration (FAA) penalties in 2012 (FY) reached $2.6 million. These cases usually entail mistakes in declaring or complying with hazardous material rules for airborne shipments of hazardous commodities or goods that are undeclared. Virtually every time a DOT or FAA hazardous materials enforcement action is brought, it includes a training offense because untrained employees make mistakes.

DOT hazardous materials regulations are clear as to what employees need this training—a requirement not well understood [40 CFR § 172.702]:

“Applicability and responsibility for training and testing.

(a) A hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the requirements prescribed in this subpart.

(b) …a hazmat employee who performs any function subject to the requirements of this subchapter may not perform that function unless instructed in the requirements
of this subchapter that apply to that function.

It is the duty of each hazmat employer to comply with the applicable requirements of this subchapter and to thoroughly instruct each hazmat employee in relation thereto.”

  • Does This Apply to my Plant? A hazmat employee is any person who engages in any activity involving hazardous materials regulated by DOT’s 49 CFR regulations, including receiving or transporting hazardous material shipments and receipts from the receiving dock to first storage or use, and last storage or use to the transporting vehicle. This includes material handlers; forklift operators; any person who signs a bill of lading, manifest, or hazardous waste manifest; prepares any paperwork; assures regulatory compliance; or is involved in hazardous materials security.
  • What’s a HazMat? Any substance or chemical listed at 49 CFR § 172.101 (there are nearly 1,000). Any quantity regulated by DOT triggers the training requirement.
  • What Are the Training Requirements? The regulation requires that all hazmat employees receive training and testing on: familiarity with hazmat requirements and hazmat identification; functional training as to how to perform job tasks in compliance with hazmat requirements; and in hazmat safety. Formal training must be provided initially and repeated triennially, but the employer is liable for any mistakes, which suggests more frequent refresher training.

Information and Materials Provided to Webinar Participants Include:

  • Practical information on the DOT hazardous materials requirements for highway shipped hazardous materials and wastes that is effective train-the-trainer material.
  • How to apply hazmat regulatory information to devise customized functional training materials for your employees (many examples and templates).
  • How to document training and meet the testing obligation.
  • Electronic version of the entire presentation with links to regulations; train-the-trainer templates; and instructions and reference material.
  • Testing and certification surcharge for each attendee ($50)

These and other important questions will be addressed during the webinar.

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Dufour services in the area of assisting clients to effectively and efficiently manage environmental and OSHA compliance issues are highly-regarded and rewarded with long-standing relationships with our clients. Our truly innovative services provide solutions, including government relations, identification of responsible parties and insurance coverage, project management, compliance program development and implementation, waste management advice, and product stewardship.

New U.S. EPA Generator Improvements Rule…

60+ changes in hazardous waste compliance practices and expansion of clean-up liability. Click for more information: Generator Improvements Rule

What’s In Your Dumpster?

Download your free proper disposal practices poster now: Dumpster Disposal Do’s & Don’ts


How do I participate in a webinar?

You simply participate from your location using a computer or other device with internet connection. There are no travel costs and no out-of-office time. Learn more

Hazardous Waste Management

Coming Fall 2021

A 3-hour live Zoom webinar
Cost: $299 per access point (plus $50 per participant for mandatory testing and certification)
Register Now

Cal/OSHA Compliance & Inspection Management

Coming Soon

A 3-hour live virtual classroom webinar
Cost: $299 per access point

Register now

Proposition 65 Regulatory Update, Compliance & Defense

To Be Announced

A 3-hour live virtual classroom webinar
Cost: $299 per access point

Register now