| (a) Except as specified in subsection (c) of this section,
Class 1 industrial solid waste shall not be disposed in a Type IAE
landfill unit.
(b) Generators shall manifest Class 1 industrial solid
waste as required by §335.10 of this title (relating to Shipping
and Reporting Procedures Applicable to Generators of Hazardous Waste
or Class 1 Waste). Owners or operators of municipal solid waste landfill
facilities shall not accept such wastes without prior written approval
from the executive director and specific authorization in the permit.
(c) Wastes that are Class 1 only because of asbestos
content may be accepted at any Type I or Type IAE landfill that is
authorized to accept regulated asbestos-containing material (RACM)
as stated in §330.171(c)(3)(I) of this title (relating to Disposal
of Special Wastes). Authorization to accept this waste is implied
in the authorization to accept RACM unless the acceptance of industrial
wastes is prohibited by the permit. All Class 1 industrial asbestos
wastes must be manifested and the owner or operator of the landfill
facility shall comply with the requirements of subsections (g) and
(h) of this section.
(d) Unless the facility permit authorizes the acceptance
of a specified type of Class 1 industrial waste, an authorization
to accept specific types of Class 1 wastes will be waste-specific
and site-specific and will be granted only to appropriate facilities
that are operating in compliance with this chapter. Requests for authorization
to accept Class 1 solid wastes must be submitted in writing to the
executive director and must include, but are not limited to, the following:
(1) a complete description of the chemical and physical
characteristics of the waste in accordance with §335.587 of this
title (relating to Waste Analysis), a statement as to whether or not
the waste is a hazardous waste as defined in §330.3 of this title
(relating to Definitions), and the quantity and rate at which the
waste is produced and/or the expected frequency of disposal;
(2) an operational plan containing the proposed procedures
for handling the waste and a listing of required protective equipment
for operating personnel and on-site emergency equipment. This plan
must become a part of the site operating plan; and
(3) a written contingency plan meeting the requirements
of §335.589 of this title (relating to Contingency Plan). This
plan shall become a part of the site operating plan.
(e) Unless specifically authorized by the facility
permit, a Type I or Type IAE landfill facility permitted after October
9, 1993, may not accept Class 1 industrial solid wastes in excess
of 20% of the total amount of waste (not including Class 1 wastes)
accepted during the current or previous year. The amount of waste
may be determined by volume or by weight, but the same unit of measure
must be used for each year, unless a variance is authorized by the
executive director.
(f) Any authorization to accept Class 1 waste is subject
to the site operating in compliance with these rules and any specific
conditions required under any letter(s) of authorization. Failure
to operate the site in compliance with these rules or any special
conditions imposed by the executive director may result in revocation
of the authorization to accept a Class 1 waste.
(g) All shipments of Class 1 waste must be accompanied
by a manifest in compliance with §335.10(c) of this title (relating
to Shipping and Reporting Procedures Applicable to Generators of Hazardous
Waste or Class 1 Waste). The facility operator shall comply with the
manifest requirements in §335.15(1) and (3) of this title (relating
to Recordkeeping and Reporting Requirements Applicable to Owners or
Operators of Treatment, Storage, or Disposal Facilities). The facility
operator shall not accept or sign for shipments of Class 1 waste for
which the authorization to accept has not been granted by the executive
director or has not been authorized by permit provisions. The facility
operator shall retain the disposal facility copy of the manifest for
a period of three years. This time period is automatically extended
if any enforcement action involving the owner, operator, or landfill
facility is initiated or pending by the executive director.
(h) A facility that accepts any Class 1 waste must
submit to the executive director a written report of Class 1 waste
received. This report must be submitted no later than the 25th day
of the month following the month that the waste was received. Reports
must be submitted on forms provided by the commission and must include
all information required. Monthly reports must be submitted by facilities
that have received Class 1 wastes including those months in which
no Class 1 waste is received at the facility unless an exception is
granted by the executive director. Failure to submit the reports required
by this subsection in a timely manner is a violation of these rules.
(i) Class 2 industrial solid waste, except special
wastes as defined in §330.3 of this title, may be accepted at
any Type I or Type IAE landfill provided the acceptance of this waste
does not interfere with facility operation. Type IV and Type IVAE
landfills may accept Class 2 industrial solid waste 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).
(j) Class 3 industrial solid waste may be disposed
of at a Type I, Type IAE, Type IV, or Type IVAE landfill provided
the acceptance of this waste does not interfere with facility operation.
|
