Section 66268.49 - Alternative LDR Treatment Standards for Contaminated Soil(a) Applicability. You shall comply with LDRs prior to placing soil that exhibits a characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the time it was generated, into a land disposal unit. The following chart describes whether you shall comply with LDRs prior to placing soil contaminated by listed hazardous waste into a land disposal unit: | If LDRs... | And If LDRs... | And If ... | Then You ... |
applied to the listed waste when it contaminated the soil* | apply to the listed waste now | | shall comply with LDRs |
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didn't apply to the listed waste when it contaminated the soil* | apply to the listed waste now | the soil is determined to contain the listed waste when the soil is first generated | shall comply with LDRs |
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didn't apply to the listed waste when it contaminated the soil* | apply to the listed waste now | the soil is determined not to contain the listed waste when the soil is first generated | needn't comply with LDRs |
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didn't apply to the listed waste when it contaminated the soil* | don't apply to the listed waste now | | needn't comply with LDRs |
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*For dates of LDR applicability, see CCR, Title 22, chapter 18, appendix VII. To determine the date any given listed hazardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill. |
(b) Prior to land disposal, contaminated soil identified by subsection (a) of this section as needing to comply with LDRs shall be treated according to the applicable treatment standards specified in subsection (c) of this section or according to the Universal Treatment Standards specified in section 66268.48 applicable to the contaminating listed hazardous waste and/or the applicable characteristic of hazardous waste if the soil is characteristic. The treatment standards specified in subsection (c) of this section and the Universal Treatment Standards may be modified through a treatment variance approved in accordance with section 66268.44.(c) Treatment standards for contaminated soils. Prior to land disposal, contaminated soil identified by subsection (a) of this section as needing to comply with LDRs shall be treated according to all the standards specified in this subsection or according to the Universal Treatment Standards specified in section 66268.48. (1) All soils. Prior to land disposal, all constituents subject to treatment shall be treated as follows: (A) For non-metals except carbon disulfide, cyclohexanone, and methanol, treatment shall achieve 90 percent reduction in total constituent concentrations, except as provided by subsection (c)(1)(C) of this section.(B) For metals and carbon disulfide, cyclohexanone, and methanol, treatment shall achieve 90 percent reduction in constituent concentrations as measured in leachate from the treated media (tested according to the TCLP) or 90 percent reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by subsection (c)(1)(C)of this section.(C) When treatment of any constituent subject to treatment to a 90 percent reduction standard would result in a concentration less than 10 times the Universal Treatment Standard for that constituent, treatment to achieve constituent concentrations less than 10 times the universal treatment standard is not required. Universal Treatment Standards are identified in section 66268.48 Table UTS.(2) Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition to the treatment required by subsection (c)(1) of this section, prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity, or reactivity shall be treated to eliminate these characteristics.(3) Soils that contain nonanalyzable constituents. In addition to the treatment requirements of subsections (c)(1) and (2) of this section, prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents: (A) For soil that contains only analyzable and nonanalyzable organic constituents, treatment of the analyzable organic constituents to the levels specified in subsections (c)(1) and (2) of this section; or,(B) For soil that contains only nonanalyzable constituents, treatment by the method(s) specified in section 66268.42 for the waste contained in the soil.(d) Constituents subject to treatment. When applying the soil treatment standards in subsection (c) of this section, constituents subject to treatment are any constituents listed in section 66268.48 Table UTS--Universal Treatment Standards that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, zinc, and that are present at concentrations greater than ten times the universal treatment standard. PCBs are not constituents subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals.(e) Management of treatment residuals. Treatment residuals from treating contaminated soil identified by subsection (a) of this section as needing to comply with LDRs shall be managed as follows: (1) Soil residuals are subject to the treatment standards of this section;(2) Non-soil residuals are subject to: (A) For soils contaminated by listed hazardous waste, the hazardous waste standards applicable to the listed hazardous waste; and(B) For soils that exhibit a characteristic of hazardous waste, if the non-soil residual also exhibits a characteristic of hazardous waste, the treatment standards applicable to the characteristic hazardous waste.Cal. Code Regs. Tit. 22, § 66268.49
1. Change without regulatory effect adding new section filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
2. Change without regulatory effect amending subsections (c)(3)(A)-(B) filed 9-11-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 37).
3. Change without regulatory effect amending subsections (c)(1)(A)-(B) and (d) filed 7-3-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 27).
4. Editorial correction of subsection (a) --Table (Register 2012, No. 33). Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.5 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 268.49.
1. Change without regulatory effect adding new section filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
2. Change without regulatory effect amending subsections (c)(3)(A)-(B) filed 9-11-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 37).
3. Change without regulatory effect amending subsections (c)(1)(A)-(B) and (d) filed 7-3-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 27).
4. Editorial correction of subsection (a) - Table (Register 2012, No. 33).