Generators of Hazardous Waste
November 2022 
What is a Generator of Hazardous Waste?
In California Code of Regulations title 22 (22 CCR) section 66260.10, a Generator is defined as “any person, by site, whose act or process produces hazardous waste identified or listed in Chapter 11 of the hazardous waste regulations or whose act first causes a hazardous waste to become subject to regulation.”
In California, a generator generally means a business or government agency; however, in some situations, it can also be a household address.
Some Definitions
Person
“Person” means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership and association. “Person” also includes any city, county, district, commission, the State or any department, agency or political subdivision thereof, any interstate body, and the Federal Government or any department or agency thereof to the extent permitted by law.
Reference: 22 CCR section 66260.10
Site
“Site” means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
Reference: 22 CCR section 66260.10
Act
Although not defined in regulation, the word “act” clarifies that to be a generator, a “person” does not necessarily have to produce the hazardous waste. For example, if a cleaning service removes residues from a product storage tank excluded in section 66261.4(c), the person removing the residues is a generator, as they cause the waste to become subject to regulation. But the owner of the storage tank is also considered the generator, since they produced the waste. By mutual agreement, these two parties may determine who is responsible for the hazardous waste. For more information, see Federal Register 10/30/1980, Part XI and RCRA Online #13280.
Hazardous waste is a waste with properties that make it potentially dangerous or harmful to human health or the environment. Hazardous waste can be liquids, solids, or contained gases. They can be the by-products of manufacturing processes, discarded used materials, or discarded unused commercial products such as cleaning fluids (solvents), asbestos, pesticides, or household cleaners. For example, waste can be hazardous due to being a federal or state listed waste, or if it is characteristic of hazardous waste (ignitable, corrosive, reactive, or toxic).
Generators are responsible for properly characterizing (or identifying) all their hazardous waste. The steps to make such a determination are found in 22 CCR section 66262.11. Once a generator determines their waste meets the definition of a hazardous waste, the requirements that apply to them depends on what the waste is, and the amount (or volume) generated.
To further understand generator requirements and how the laws and regulations apply to you, please choose whether you are a business or a household.
Links for Generators
For Additional Questions, Contact the RAO Office
Toll-Free in CA: 800-728-6942 or 800 72-TOXIC
Outside CA: 916-324-2439
Email: RAO@dtsc.ca.gov