3745-270-39 Waste specific prohibitions-spent aluminum potliners, reactive wastes, and carbamate wastes.

(A) The wastes specified in rule 3745-51-32 of the Administrative Code as EPA hazardous waste numbers K156 to K159, and K161, and in rule 3745-51-33 of the Administrative Code as EPA hazardous waste numbers P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U278 to U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 to U411, are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

(B) The wastes identified in rule 3745-51-23 of the Administrative Code as D003 that are managed in systems other than those whose discharge is regulated under the clean water act(CWA), or that inject in Class I deep wells regulated under the safe drinking water act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. [Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal (see rule 3745-270-40 of the Administrative Code)].

(C) The wastes specified in rule 3745-51-32 of the Administrative Code as EPA hazardous waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

(D) Radioactive wastes mixed with K088, K156 to K159, K161, P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U278 to U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 to U411 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

(E) Reserved.

(F) The requirements of paragraphs (A), (B), (C), and (D) of this rule do not apply if:

(1) The wastes meet the applicable treatment standards specified in rules 3745-270-40 to 3745-270-49 of the Administrative Code;

(2) Persons have been granted an exemption from a prohibition pursuant to a petition under rule 3745-270-06 of the Administrative Code with respect to those wastes and units covered by the petition;

(3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under rule 3745-270-44 of the Administrative Code;

(4) Persons have been granted an extension to the effective date of a prohibition pursuant to rule 3745-270-05 of the Administrative Code with respect to these wastes covered by the extension.

(G) To determine whether a hazardous waste identified in this rule exceeds the applicable treatment standards specified in rule 3745-270-40 of the Administrative Code, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable levels in rules 3745-270-40 to 3745-270-49 of the Administrative Code, the waste is prohibited from land disposal, and all requirements of Chapter 3745-270 of the Administrative Code are applicable, except as otherwise specified.

Eff 12-7-00
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
119.032 review date: Exempt