§ 66268.32. Waste Specific Prohibitions -California List Wastes.

(a) The following hazardous wastes are prohibited from land disposal effective on the specified date:

(1) effective January 1, 1984, liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm;

(2) effective June 1, 1983, liquid hazardous wastes, including free liquids associated with any solid or sludge, containing free cyanides at concentrations greater than or equal to 1000 mg/l.

(b)-(d) [Reserved]

(e) The following hazardous wastes are prohibited from land disposal effective on the specified date:

(1) effective January 1, 1985, liquid hazardous wastes that contain HOCs listed in Appendix III and Appendix III-A of this chapter, in total concentration greater than or equal to 1,000 mg/l; and

(2) [Reserved]

(f) The requirements of paragraphs (a), (d) and (e) of this section do not apply if:

(1) persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition; or

(2) persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5 with respect to those wastes covered by the extension; or

(3) the wastes meet the applicable standards specified in article 4 of this chapter, or, where treatment standards are not specified, the wastes are in compliance with the applicable prohibitions set forth in this section.

(g) The prohibitions and effective dates specified in subsections (a)(3), (d) and (e) of this section do not apply where the waste is subject to a chapter 18, article 3 prohibition and effective date for a specified HOC (such as a hazardous waste chlorinated solvent).

(h) To determine whether or not a waste is a liquid under paragraphs (a) and (e) of this section, the following test shall be used: Method 9095 (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods,” USEPA Publication No. SW-846, Third Edition. (Incorporated by reference, in section 66260.11(a) of this division.)

(i) Except as otherwise provided in this subsection, the waste analysis and recordkeeping requirements of section 66268.7 are applicable to wastes prohibited under this chapter.

(1) The initial generator of either a liquid hazardous waste containing polychlorinated biphenyls (PCBs) or a liquid or nonliquid hazardous waste containing halogenated organic compounds (HOCs), shall test the waste (not an extract or filtrate), or use knowledge of the waste, to determine whether the concentration levels in the waste equal or exceed the prohibition levels specified in this section. If the concentration of PCBs or HOCs in the waste is greater than or equal to the prohibition levels specified in this section, the waste is restricted from land disposal and all requirements of chapter 18 are applicable, except as otherwise specified in this section.

(2) The initial generator of liquid hazardous wastes containing free cyanides shall test the extract or filtrate to determine whether the concentration levels in the waste equal or exceed the prohibition levels specified in this section. If the concentration of free cyanides is greater than or equal to the prohibition levels specified in this section, the waste is restricted from land disposal and all requirements of chapter 18 are applicable, except as otherwise specified in this section.

(j) Effective July 8, 1992, nonliquid non-RCRA hazardous wastes containing halogenated organic compounds (HOCs) listed in Appendix III and Appendix III-A of this chapter in total concentration greater or equal to 1,000 mg/kg HOC are prohibited from land disposal. Non-RCRA hazardous waste is defined in section 66261.101 of chapter 11.

(1) The prohibitions and effective dates specified in subsections (k) & (l) of this section do not apply when a waste is restricted pursuant to section 66268.29 of Chapter 18.

(l) Lab packs containing restricted hazardous wastes identified under article 3 of this chapter, other than that hazardous waste identified in subsection (l) of this section, may be placed in a landfill, and:

(1) the restricted hazardous wastes in the lab pack are not subject to land disposal restrictions imposed by the USEPA Administrator pursuant to 40 CFR Part 268; or

(2) the restricted hazardous wastes in the lab pack are removed before disposal; or

(3) the restricted hazardous wastes in the lab pack have been treated in accordance with the applicable treatment standards specified in article 4 of this chapter.

(m) The following wastes, if they are non-RCRA hazardous wastes, are exempt from land disposal restrictions contained in this section:

(1) drilling fluids, produced waters and other fluids or materials which are brought to the surface in conjunction with the exploration, development or production of crude oil or natural gas, and which are reinjected;

(2) mining overburden as defined by the Surface Mining and Reclamation Act, Public Resources Code, section 2732 deposited within the mining permit area pursuant to a Surface Mining and Reclamation Act permit;

(3) contaminated soil from cleanup of any hazardous waste site pursuant to approval by the Department, unless the Department determines that a recycling or treatment process is technically and economically feasible to render the contaminated soil no longer a listed restricted hazardous waste.

(n) Hazardous wastes or land disposal methods that are exempt from the land disposal restrictions of this section remain subject to all of the other provisions of this chapter.

HISTORY

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

2. New subsection (k)(1) and amendment of Note filed 7-9-92 as an emergency; operative 7-8-92 (Register 92, No. 28). A Certificate of Compliance must be transmitted to OAL 11-5-92 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-9-92 order transmitted to OAL 10-26-92 and filed 12-2-92 (Register 92, No. 49).

4. Change without regulatory effect adding new subsection (g)(1) and subsection renumbering filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).

5. Change without regulatory effect amending section filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).

Note

Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code and Governor's Reorganization Plan Number 1 of 1991, Section 58012. Reference: Sections 25105, 25159, 25159.5 and 25179.6, Health and Safety Code; and 40 CFR Section 268.32.