The federal Resource Conservation and Recovery Act (“RCRA”) authorizes a citizen suit against “any person” who has violated “any permit, standard, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this chapter,” or “who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment.” 42 U.S.C. § 6972(a)(1). Disputes between private ...
The Hazardous Waste Generator Improvements Rule (GIR), which was finalized by USEPA in 2016, is a significant reorganization of the regulations applicable to hazardous waste generators. 81 Fed. Reg. 85732 (Nov. 28, 2016). With the GIR, USEPA moved all of the RCRA generator provisions into one section – 40 C.F.R. Part 262. The GIR also included several substantive changes to the hazardous waste generator rules which were more stringent than current RCRA generator regulations and, therefore, must be adopted by states with authorized RCRA programs.
The “more stringent than” ...
