(A) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.
(B) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: method 9095B ("Paint Filter Liquids Test") as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" EPA publication SW-846.
(C) Containers holding free liquids must not be placed in a landfill unless:
(1) All free-standing liquid:
(a) Has been removed by decanting or other methods; or
(b) Has been mixed with sorbent or solidified so that free-standing liquid is no longer observed; or
(c) Has been otherwise eliminated; or
(2) The container is very small, such as an ampule; or
(3) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or
(D) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are materials listed or described in paragraph (D)(1) of this rule; materials that pass one of the tests in (D)(2) of this rule; or materials that are determined by U.S.EPA to be nonbiodegradable through the petition process in 40 CFR Part 260.
(1) Nonbiodegradable sorbents.
(a) Inorganic minerals, other inorganic materials, and elemental carbon [e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina lime silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon]; or
(b) High molecular weight synthetic polymers [e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers]. This does not include polymers derived from biological material or polymers specifically designed to be degradable; or
(c) Mixtures of these nonbiodegradable materials.
(2) Tests for nonbiodegradable sorbents.
(a) The sorbent material is determined to be nonbiodegradable under ASTM method G21-70(1984a)- "Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi"; or
(b) The sorbent material is determined to be nonbiodegradable under ASTM method G22-76(1984b)- "Standard Practice for Determining Resistance of Plastics to Bacteria"; or
(c) The sorbent material is determined to be nonbiodegradable under the organization for economic cooperation and development (OECD) test 301B-CO2 volution (modified Sturm test).
(E) The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of such landfill demonstrates to the director, or the director determines, that:
(1) The only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted, or operating under authority or paragraph (C) of rule 3745-50-40 of the Administrative Code, which contains, or may reasonably be anticipated to contain, hazardous waste; and
(2) Placement in such owner or operator's landfill will not present a risk of contamination of any "underground source of drinking water" (as that term is defined in rule 3745-50-10 of the Administrative Code).
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled"Incorporated by reference."]
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 08/30/1984, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 12/30/1989, 09/02/1997, 12/07/2000, 12/07/2004