Section 096-852-7 - Treatment in Surface Impoundment Exemption RequirementsA. Wastes which are otherwise prohibited from land disposal under this Chapter may be treated in a surface impoundment or series of impoundments provided that: (1) Treatment of such wastes occurs in the impoundments and such treatment is a reasonable and necessary component of a treatment program designed to meet applicable treatment standards; NOTE: The licensing and other provisions of 06-096 C.M.R. chs. 854, 855 and 856 also apply to surface impoundments used to treat restricted waste.
(2) The following conditions are met:(a)Sampling and testing. For wastes with treatment standards in this Chapter and/or prohibition levels specified in this Chapter or Section 3004(d) of RCRA, 42 U.S.C. 6924(d), the residues from treatment are tested, as specified in 40 C.F.R. §268.7, to determine if they meet the applicable treatment standards, or where no treatment standards have been established for the waste, the applicable prohibition levels of Section 13 of this Chapter or Section 3004(d) of RCRA, 42 U.S.C. 6924(d). The sampling method, specified in the waste analysis plan under 06-096 C.M.R. ch. 854, § 6(C)(3) or 06-096 C.M.R. ch. 855, § 9(A)(3), whichever is applicable, must be designed such that representative samples of the sludge and supernatant are tested separately rather than mixed to form homogenous samples.(b)Removal. The following treatment residues (including any liquid waste) must be removed at least annually: residues which do not meet the treatment standards promulgated under this Chapter; residues which do not meet the prohibition levels established in this Chapter or Section 3004 of RCRA, 42 U.S.C. §6924 (where no treatment standards have been established); residues which are from the treatment of wastes prohibited from land disposal under this Chapter (where no treatment standards have been established and no prohibition levels apply); or residues from managing listed wastes which are not delisted under 06-096 C.M.R. ch. 850. If the volume of liquid flowing through the impoundment or series of impoundments annually is greater than the volume of the impoundment or impoundments, this flow-through constitutes removal of the supernatant for the purposes of this requirement.(c)Subsequent management. Treatment residues may not be placed in any other surface impoundment for subsequent management.(d)Record keeping. The procedures and schedule for the sampling of impoundment contents, the analysis of test data, and the annual removal of residues which do not meet the applicable treatment standards or prohibition levels (where no treatment standards have been established), or which are prohibited from land disposal under this Chapter (where no treatment standards have been established and no prohibition levels apply), must be specified in the facility's waste analysis plan as required under 06-096 C.M.R. ch. 854, § 6(C)(3) or 06-096 C.M.R. ch. 855, § 9(A)(3) (whichever is applicable).(3) The impoundment meets the design requirements of 06-096 C.M.R. ch. 854, § 9(B), and is in compliance with applicable ground water monitoring requirements of 06-096 C.M.R. ch. 854 or 855;(4) The owner or operator submits to the Department a copy of the waste analysis plan required under paragraph (2) above; and(5) The owner or operator submits to the Department a written certification that the requirements of Section 7(A) of this Chapter are being met and the liners in the impoundment are functioning properly. The following certification is required and must be resubmitted on an annual basis no later than March 1 of each calendar year: I certify under penalty of law that the requirements of 06-096 C.M.R. ch. 852, §7(A) of the rules of the Department of Environmental Protection have been met for all surface impoundments being used to treat restricted waste, that there is no evidence of possible leakage from the impoundment, and the liners in such impoundments are functioning properly. I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.
B. Notwithstanding the provisions of Section 7(A) of this Chapter, wastes that are newly identified or listed after November 8, 1984 and are stored in a surface impoundment newly subject to regulation under 06-096 C.M.R. chs. 850 - 857 as a result of such identification or listing, may continue to be stored or treated in the surface impoundment for a period of time specified by the Department not to exceed 48 months after promulgation of the listing or characteristic, provided the surface impoundment is in compliance with 06-096 C.M.R. ch. 855, § 9(B) within 12 months of the promulgation. Storage or treatment of wastes in the impoundment beyond the date specified by the Department must be in accordance with Section 7(A) of this Chapter. C. Evaporation of hazardous constituents as the principal means of treatment is not considered to be treatment for purposes of an exemption under this section. NOTE: See also the prohibition on evaporation in 06-096 C.M.R. ch. 854, § 5(B).
D. In an action to enforce the requirements of this Chapter, the owner or operator bears the burden of proving that an impoundment qualifies for an exemption under this section.06-096 C.M.R. ch. 852, § 7