South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.268 - LAND DISPOSAL RESTRICTIONS › Subpart A - GENERAL › Section 61-79.268.A.9 - Special rules regarding wastes that exhibit a characteristic

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The initial
				  generator of a solid waste must determine each EPA Hazardous Waste Number
				  (waste code) applicable to the waste in order to determine the applicable
				  treatment standards under subpart D of this part. This determination may be
				  made concurrently with the hazardous waste determination required in 262.11.
				  For purposes of part 268, the waste will carry the waste code for any
				  applicable listed waste (part 261, subpart D). In addition, where the waste
				  exhibits a characteristic, the waste will carry one or more of the
				  characteristic waste codes (part 261, subpart C), except when the treatment
				  standard for the listed waste operates in lieu of the treatment standard for
				  the characteristic waste, as specified in paragraph (b) of this section. If the
				  generator determines that their waste displays a hazardous characteristic (and
				  is not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM of 268.42, Table
				  1), the generator must determine the underlying hazardous constituents (as
				  defined at 268.2(i)) in the characteristic waste.
(b) Where a prohibited waste is both listed
				  under part 261, subpart D and exhibits a characteristic under part 261, subpart
				  C, the treatment standard for the waste code listed in part 261, subpart D will
				  operate in lieu of the standard for the waste code under part 261, subpart C,
				  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 waste must meet the treatment standards for all
				  applicable listed and characteristic waste codes.
(c) In addition to any applicable standards
				  determined from the initial point of generation, no prohibited waste which
				  exhibits a characteristic under 261 subpart C may be land disposed unless the
				  waste complies with the treatment standards under subpart D of this
				  part.
(d) Wastes that exhibit a
				  characteristic are also subject to 268.7 requirements, except that once the
				  waste is no longer hazardous, a one-time notification and certification must be
				  placed in the generator's or treater's on-site files. The notification and
				  certification must be updated if the process or operation generating the waste
				  changes and/or if the subtitle D facility receiving the waste changes.
(1) The notification must include the
				  following information:
(i) Name and address of
				  the RCRA Subtitle D facility receiving the waste shipment; and (revised
				  12/93)
(ii) 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 268.2(i)), 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. (revised 12/93;
				  5/96)
(iii) [Reserved.
				  (5/96)]