|(a) Type IV and Type IVAE landfills may accept special
wastes consistent with the limitations established in §330.5(a)(2)
of this title (relating to Classification of Municipal Solid Waste
Facilities) and the waste acceptance plan required by §330.61(b)
of this title (relating to Contents of Part II of the Application).
(b) The acceptance and/or disposal of a special waste
as defined in §330.3 of this title (relating to Definitions),
that is not specifically identified in subsection (c) or (d) of this
section, or in §330.173 of this title (relating to Disposal of
Industrial Wastes), requires prior written approval from the executive
(1) Approvals will be waste-specific and/or site-specific
and will be granted only to appropriate facilities operating in compliance
with this chapter.
(2) Requests for approval to accept special wastes
must be submitted by the generator to the executive director or to
a facility with an approved plan and must include, but are not limited
to, the following:
(A) a complete description of the chemical and physical
characteristics of each waste, a statement as to whether or not each
waste is a Class 1 industrial waste as defined in §330.3 of this
title, and the quantity and rate at which each waste is produced and/or
the expected frequency of disposal;
(B) for Class 1 industrial solid waste, a hazardous
waste determination as required by §335.6(c) of this title (relating
to Notification Requirements);
(C) an operational plan containing the proposed procedures
for handling each waste and listing required protective equipment
for operating personnel and on-site emergency equipment; and
(D) a contingency plan outlining responsibility for
containment and cleanup of any accidental spills occurring during
the delivery and/or disposal operation.
(3) A vacuum truck, as used in this section, refers
to any vehicle that transports liquid waste to a solid waste disposal
or processing facility. A vacuum truck must transport liquid waste
to a landfill that has a sludge stabilization and solidification process
or to a Type V processing facility for sludge, grease trap, or grit
trap waste. The owner or operator shall submit written notification
to the executive director of the liquids-processing activity as required
in §330.11 of this title (relating to Notification Required).
(4) Soils contaminated by petroleum products, crude
oils, or chemicals in concentrations of greater than 1,500 milligram
per kilogram (mg/kg) total petroleum hydrocarbons; or contaminated
by constituents of concern that exceed the concentrations listed in
Table 1, Constituents of Concern and Their Maximum Leachable Concentrations
in §335.521(a)(1) of this title (relating to Appendices) must
be disposed in dedicated cells that meet the requirements of §330.331(e)
of this title (relating to Design Criteria).
(5) The executive director may authorize the receipt
of special waste with a written concurrence from the owner or operator;
however, the facility operator is not required to accept the waste.
(6) The executive director may revoke an authorization
to accept special waste if the owner or operator does not maintain
compliance with these rules or conditions imposed in the authorization
to accept special waste.
(c) Receipt of the following special wastes does not
specifically require written authorization for acceptance provided
the waste is handled in accordance with the noted provisions for each
(1) Medical wastes that have not been treated in accordance
with the procedures specified in Chapter 326 of this title (relating
to Medical Waste Management) must not be accepted at a landfill unless
authorized in writing by the executive director. The executive director
may provide this authorization when a situation exists that requires
disposal of untreated medical wastes in order to protect the human
health and the environment from the effects of a natural or man-made
(2) Dead animals and/or slaughterhouse waste may be
accepted at any Type I or Type IAE landfill without further approval
from the executive director provided the carcasses and/or slaughterhouse
waste are covered by three feet of other solid waste or at least two
feet of earthen material immediately upon receipt.
(3) Regulated asbestos-containing material (RACM) as
defined in 40 Code of Federal Regulations Part 61 may be accepted
at a Type I or Type IAE landfill in accordance with subparagraphs
(A) - (I) of this paragraph provided the landfill has been authorized
to accept RACM. The facility operator proposing to accept RACM shall
provide written notification to the executive director of the intent
to accept RACM.
(A) To receive authorization to accept RACM, the owner
or operator shall dedicate a specific area or areas of the landfill
to receive RACM and shall provide written notification to the executive
director of the area or areas to be designated for receipt of RACM.
After initial authorization to receive RACM is issued, additional
areas may be designated by providing written notice to the executive
(B) The location of the area designated to receive
the RACM must be surveyed and marked by a registered professional
land surveyor and identified on a current site diagram that is maintained
at the landfill. A copy of the current site diagram identifying the
RACM area must be submitted to the executive director immediately
upon completion of the diagram. The operator shall maintain a record
of each load of RACM accepted as to its location, depth, and volume
(C) Upon closure of the unit that accepted RACM, a
specific notation that the facility accepted RACM must be placed in
the deed records for the facility with a diagram identifying the RACM
disposal areas. Concurrently, a notice of the deed recordation and
a copy of the diagram identifying the asbestos disposal areas must
be submitted to the executive director.
(D) Delivery of the RACM to the landfill unit must
be coordinated with the on-site supervisor so the waste will arrive
at a time it can be properly handled and covered.
(E) RACM must only be accepted at the facility in tightly
closed and unruptured containers or bags or must be wrapped with at
least six-mil polyethylene.
(F) The bags or containers holding the RACM must be
placed below natural grade level. Where this is not possible or practical,
provisions must be made to ensure that the waste will not be subject
to future exposure through erosion or weathering of the intermediate
and/or final cover. RACM that is placed above natural grade must be
located in the landfill unit such that it is, at closure of the landfill
unit, not less than 20 feet from any final side slope of the unit
and must be at least ten feet below the final surface of the unit.
(G) The bags or containers holding the RACM must be
carefully unloaded and placed in the final disposal location. The
RACM must be covered immediately with 12 inches of earthen material
or three feet of solid waste containing no asbestos. Care must be
exercised in the application of the cover so that the bags or containers
are not ruptured.
(H) A contingency plan in the event of accidental spills
(e.g., ruptured bags or containers) shall be prepared by the owner
or operator prior to accepting RACM. The plan must specify the responsible
person(s) and the procedure for the collection and disposal of the
(I) RACM that has been designated as a Class 1 industrial
waste may be accepted by a Type I landfill authorized to accept RACM
provided the RACM waste is handled in accordance with the provisions
of this paragraph and the landfill operator complies with the provisions
of §330.173(g) - (i) of this title.
(4) Nonregulated asbestos-containing materials (non-RACM)
may be accepted for disposal at a Type I, Type IAE, Type IV, or Type
IVAE landfill provided the wastes are placed on the active working
face and covered in accordance with this chapter. Under no circumstances
may any material containing non-RACM be placed on any surface or roadway
that is subject to vehicular traffic or disposed of by any other means
by which the material could be crumbled into a friable state.
(5) Empty containers that have been used for pesticides,
herbicides, fungicides, or rodenticides must be disposed of in accordance
with subparagraphs (A) and (B) of this paragraph.
(A) These containers may be disposed of at any landfill
(i) the containers are triple-rinsed prior to receipt
at the landfill;
(ii) the containers are rendered unusable prior to
or upon receipt at the landfill; and
(iii) the containers are covered by the end of the
same working day they are received.
(B) Those containers for which triple-rinsing is not
feasible or practical (e.g., paper bags, cardboard containers) may
be disposed of under the provisions of paragraph (6) of this subsection
or in accordance with §330.173 of this title, as applicable.
(6) Municipal hazardous waste from a conditionally
exempt small quantity generator may be accepted at a Type I or Type
IAE landfill without further approval from the executive director
provided the amount of waste does not exceed 220 pounds (100 kilograms)
per month per generator, and provided the landfill owner or operator
authorizes acceptance of the waste.
(7) Sludge, grease trap waste, grit trap waste, or
liquid wastes from municipal sources can be accepted at a Type I or
Type IAE landfill for disposal only if the material has been, or is
to be, treated or processed and the treated/processed material has
been tested, in accordance with Test Method 9095 (Paint Filter Liquids
Test), as described in "Test Methods for Evaluating Solid Wastes,
Physical/Chemical Methods" (United States Environmental Protection
Agency Publication Number SW-846), as amended, and is certified to
contain no free liquids. Prior to treatment or processing of this
waste at the landfill, the owner or operator shall submit written
notification to the executive director of the liquids processing activity
as required in §330.11 of this title.
(d) Used oil filters from internal combustion engines
must not be intentionally and knowingly accepted for disposal at landfills
permitted under this chapter except as provided in paragraphs (1)
and (2) of this subsection.
(1) Used oil filters must not be offered for disposal
by a generator and/or be intentionally and knowingly accepted for
landfill disposal unless the filter has been:
(A) crushed to less than 20% of its original volume
to remove all free-flowing used oil; or
(B) processed by a method other than crushing to remove
all free-flowing used oil. A filter is considered to have been processed
(i) the filter has been separated into component parts
and the free-flowing used oil has been removed from the filter element
by some means of compression in order to remove free-flowing used
(ii) the used filter element of a filter consisting
of a replaceable filtration element in a reusable or permanent housing
has been removed from the housing and pressed to remove free-flowing
used oil; or
(iii) the housing is punctured and the filter is drained
for at least 24 hours.
(2) Used oil filters (to include filters that have
been crushed and/or processed to remove free-flowing used oil) must
not be offered for landfill disposal by any non-household generator
and must not be intentionally or knowingly accepted by any landfill
permitted and regulated under this chapter.