§ 66265.314. Special Requirements for Bulk and Containerized Liquids.

(a) Effective February 2, 1985, the placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.

(b) Containers holding free liquids shall not be placed in a landfill unless:

(1) all freestanding liquid:

(A) has been removed by decanting, or other methods;

(B) has been mixed with sorbent or solidified so that freestanding liquid is no longer observed; or

(C) has been otherwise eliminated; or

(2) the container is very small, such as an ampule; or

(3) the container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or

(4) the container is a lab pack as defined in section 66265.316 and is disposed of in accordance with section 66265.316.

(c) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the facility shall use Method 9095 (as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” - EPA Publication SW-846 Third Edition and updates, as incorporated by reference in section 66260.11).

(d) Sorbents used to treat free liquids to be disposed of in landfills shall be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in subsection (d)(1) of this section; materials that pass one of the tests in subsection (d)(2) of this section; or materials that are determined by USEPA to be nonbiodegradable through the 40 CFR Part 260 petition process.

(1) Nonbiodegradable sorbents.

(A) Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or

(B) High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or

(C) Mixtures of these nonbiodegradable materials.

(2) Tests for nonbiodegradable sorbents.

(A) The sorbent material is determined to be nonbiodegradable under ASTM Method G21-90-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; or

(B) The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria; or

(C) The sorbent material is determined to be non-biodegradable under OECD test 301B; (CO ₂ Evolution (Modified Strum Test)).

(e) Effective November 8, 1985, the placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of such landfill demonstrates to the Department, or the Department determines, that:

(1) the only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted or operating under interim status, which contains, or may reasonably be anticipated to contain, hazardous waste; and

(2) placement in such owner or operator's landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in section 66260.10).

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

2. Amendment of subsections (a) and (b)(1), repealer of subsection (b)(2), subsection renumbering, new subsections (d)-(d)(2)(B), subsection relettering and amendment of Note filed 8-8-95 as an emergency; operative 8-8-95 (Register 95, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-6-95 or emergency language will be repealed by operation of law on the following day.

3. Reinstatement of section as it existed prior to emergency amendment filed 9-15-95 by operation of Government Code section 11346.1(f) (Register 95, No. 37).

4. Amendment of subsections (a) and (b)(1)(B), repealer of subsections (b)(2)-(b)(2)(C), subsection renumbering, amendment of subsection (c), new subsections (d)-(d)(2)(C), subsection relettering, and amendment of Note filed 10-13-98; operative 11-12-98 (Register 98, No. 42).

5. New subsection (d)(2)(A) and amendment of Note filed 3-17-99; operative 4-16-99 (Register 99, No. 12).

Note

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.5, Health and Safety Code; 40 CFR Section 265.314.