California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 18 - Land Disposal Restrictions › Article 1 - General › Section 66268.1 - Purpose, Scope and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This chapter identifies hazardous wastes
				  that are restricted from land disposal and defines those limited circumstances
				  under which an otherwise prohibited waste may continue to be land
				  disposed.
(b) Except as
				  specifically provided otherwise in this chapter or chapter 11 of this division,
				  the requirements of this chapter apply to persons who generate or transport
				  hazardous waste and owners and operators of hazardous waste treatment, storage,
				  and disposal facilities.
(c)
				  Restricted wastes may continue to be land disposed as follows:
(1) where persons have been granted an
				  extension to the effective date of a prohibition under article 3 of this
				  chapter or pursuant to section
				  66268.5, with respect to those
				  wastes covered by the extension;
(2) Where persons have been granted an
				  exemption from a prohibition pursuant to a petition under section
				  66268.6, with respect to those
				  wastes and units covered by the petition;
(3) RCRA hazardous wastes that are hazardous
				  only because they exhibit a hazardous characteristic, and which are otherwise
				  prohibited under this chapter, are not prohibited if the wastes:
(A) Are disposed into a nonhazardous or
				  hazardous injection well; and
(B)
				  Do not exhibit any prohibited characteristic of hazardous waste identified in
				  sections 66261.21,
				  66261.22(a)(1),
				  66261.22(a)(2),
				  66261.23, and
				  66261.24(a)(1) at
				  the point of injection.
(4) RCRA hazardous wastes that are hazardous
				  only because they exhibit a hazardous characteristic, and which are otherwise
				  prohibited under this chapter, are not prohibited if the wastes meet any of the
				  following criteria, unless the wastes are subject to a specified method of
				  treatment other than DEACT in section
				  66268.40, or are D003 reactive
				  cyanide:
(A) The wastes are managed in a
				  treatment system which subsequently discharges to waters of the U.S. pursuant
				  to a permit issued under section 402 of the Clean Water Act; or
(B) The wastes are treated for purposes of
				  the pretreatment requirements of section 307 of the Clean Water Act;
				  or
(C) The wastes are managed in a
				  zero discharge system engaged in Clean Water Act-equivalent treatment as
				  defined in section
				  66268.37; and
(D) The wastes no longer exhibit a prohibited
				  characteristic in sections
				  66261.21,
				  66261.22(a)(1),
				  66261.22(a)(2),
				  66261.23, and
				  66261.24(a)(1) at
				  the point of land disposal (i.e., placement in a surface
				  impoundment).
(5) where
				  persons who own or operate a land treatment facility have been granted by the
				  Department an exemption allowing the disposal of restricted hazardous waste in
				  the land treatment facility pursuant to Health and Safety Code section
				  25179.12;
(6) where persons who own or operate a
				  surface impoundment have been granted by the Department an exemption allowing
				  the treatment of restricted waste in the surface impoundment in accordance with
				  Health and Safety Code section
				  25179.11;
(7) where restricted hazardous waste in lab
				  packs has not been restricted or prohibited by the USEPA pursuant to RCRA
				  section 3004 (42 U.S.C.
				  section 6924), as amended.