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 66268.9 - Special Rules Regarding Wastes That Exhibit a RCRA Characteristic

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The initial
				  generator of a waste shall determine each EPA Hazardous Waste Number (waste
				  code) applicable to the waste in order to determine the applicable treatment
				  standards under article 4 of this chapter. This determination may be made
				  concurrently with the hazardous waste determination required in section
				  66262.11 of this division. For
				  purposes of chapter 18, the RCRA hazardous waste will carry the waste code for
				  any applicable listed waste (chapter 11, article 4). In addition, where the
				  RCRA hazardous waste exhibits a characteristic, the RCRA hazardous waste will
				  carry one or more of the characteristic waste codes (chapter 11, article 3),
				  except when the treatment standard for the listed waste operates in lieu of the
				  treatment standard for the characteristic waste, as specified in subsection (b)
				  of this section. If the generator determines that their RCRA hazardous waste
				  displays a hazardous characteristic (and is not D001 nonwastewaters treated by
				  CMBST, RORGS, OR POLYM of section
				  66268.42, Table 1), the generator
				  shall determine the underlying hazardous constituents (as defined in section
				  66260.10 of this division) in the
				  RCRA characteristic waste.
(b)
				  Where a prohibited waste is both listed under article 4, chapter 11 and
				  exhibits a RCRA characteristic under article 3 of chapter 11, the treatment
				  standard for the waste code listed in article 4 of chapter 11 will operate in
				  lieu of the standard for the waste code under article 3 of chapter 11, provided
				  that the treatment standard for the listed waste includes a treatment standard
				  for the constituent that causes the waste to exhibit the characteristic.
				  Otherwise, the RCRA waste shall meet the treatment standards for all applicable
				  listed and RCRA characteristic waste codes.
(c) In addition to any applicable standards
				  determined from the initial point of generation, no prohibited waste which
				  exhibits a RCRA characteristic under article 3 of chapter 11 may be land
				  disposed unless the waste complies with the treatment standards under article 4
				  of chapter 18.
(d) The RCRA
				  hazardous wastes that exhibit a RCRA characteristic as defined in section
				  66260.10 of this division, are
				  also subject to section
				  66268.7 requirements, except that
				  once the waste no longer exhibits the RCRA characteristic(s), a one-time
				  notification and certification shall be placed in the generator's or treater's
				  on-site files. The notification and certification placed in the generator's or
				  treater's files shall be updated if the process or operation generating the
				  waste changes and/or if the facility receiving the waste changes.
(1) The notification shall include the
				  following information:
(A) name and address
				  of the facility receiving the waste shipment; and
(B) a description of the waste as initially
				  generated, including the applicable EPA hazardous waste code(s), treatability
				  group(s), and underlying hazardous constituents (as defined in section
				  66260.10), unless the waste will
				  be treated and monitored for all underlying hazardous constituents. If all
				  underlying hazardous constituents will be treated and monitored, there is no
				  requirement to list any of the underlying hazardous constituents on the
				  notice.