| 28-29-109. Special waste. |
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(a) |
Disposal of special waste.
Any person may dispose of special waste, as defined in K.A.R. 28-29-3, if both of the
following conditions are met. |
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(1) |
The person disposes of the special waste at a permitted municipal solid waste landfill (MSWLF).
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(2) |
The special waste has been issued a special waste disposal authorization
in accordance with subsections (b) and (c) of this regulation and is
disposed of in accordance with subsection (g) of this regulation. |
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(b) |
Request for special waste disposal authorization. Each person requesting a special waste disposal
authorization shall provide the following information to the department: |
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(1) |
a description of the waste, including the following information: |
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(A) |
the type of waste; |
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(B) |
the process that produced the waste; |
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(C) |
the physical characteristics of the waste; and |
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(D) |
the quantity of waste to be disposed of; |
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(2) |
the following information concerning the generator: |
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(A) |
name; |
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(B) |
address; |
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(C) |
telephone number: and |
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(D) |
contact person; |
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(3) |
the location of waste generation, if different from the generator address; |
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(4) |
the name and address of each solid waste transfer station proposed for transfer of the waste; |
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(5) |
the name and address of the MSWLF proposed for disposal of the waste; |
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(6) |
a statement, signed by the generator of the waste, or an agent of the generator, that the waste is
not a listed hazardous waste and is not a waste that exhibits the characteristics of a hazardous waste,
pursuant to K.A.R. 28-31-3, based on knowledge of the process generating the waste, laboratory
analyses, or both; and |
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(7) |
each laboratory analysis that have been performed to determine if the waste is a listed
hazardous waste, or is a waste that exhibits the characteristics of a hazardous waste.
The person requesting a special waste disposal authorization shall
ensure that the following requirements are met: |
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(A) |
Each analysis shall be performed and reported by a laboratory that has
departmental certification, if this certification is available, for that
analysis. |
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(B) |
Each analytical laboratory report shall include the following: |
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(i) |
each analysis required to make a determination of hazardous waste
characteristics as specified in K.A.R. 28-31-3; |
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(ii) |
all additional analyses specified by the department. |
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(iii) |
quality control data; and |
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(iv) |
a copy of the chain of custody. |
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(C) |
The generator shall provide a signed statement for each analytical
laboratory report stating that the
analytical results are representative of the waste. |
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(D) |
If the waste is an unused or spilled product, and the waste has not been combined with any
substance other than absorbent, the generator may submit a material safety
data sheet for the waste in lieu of laboratory analyses. |
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(c) |
Issuance of special waste disposal authorizations. |
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(1) |
No later than 10 working days after the department receives a request for a special
waste disposal authorization, the person making the request shall be
notified by the department of one of the
following determinations. |
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(A) |
The request for a special waste disposal authorization is not complete. |
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(B) |
The waste does not require a special waste disposal authorization. |
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(C) |
The waste is a special waste, and the request for a special waste disposal authorization
is approved. |
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(D) |
The waste is a special waste, and the request for a special waste disposal authorization
is denied. The denial notification shall include a reason for denial. |
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(2) |
If a special
waste is authorized for disposal, a written special waste disposal
authorization stating the terms for transportation and disposal of the
special waste shall be provided by the department to all of the following
persons: |
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(A) |
the person
requesting the special waste disposal authorization, the generator of the
waste, or both; |
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(B) |
the owner or
operator of each solid waste transfer station proposed for transfer of the
solid waste; and |
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(C) |
the owner or
operator of the MSWLF proposed for
disposal of the special waste. |
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(3) |
A special waste
disposal authorization shall not obligate any MSWLF or solid waste transfer station owner or operator to accept
the special waste. |
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(d) |
Petroleum-contaminated
soil
Sampling and analysis requirements and procedures for soil and debris
contaminated with petroleum products shall include the following: |
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(1) |
At least one representative sample shall be
collected for analysis from the first 300 cubic yards of soil and
debris. If the analytical data from the first sample shows that the
waste is not hazardous, one representative sample shall be collected for
analysis from each 500 cubic yards of soil and debris after that first
sample. |
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(2) |
Additional samples may be required by the
secreatary. |
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(3) |
The owner or operator may deviate from the required frequency of sampling
schedule with written approval from the secretary. The owner or operator
shall submit a written sampling plan and explanation for the deviation
from the required sampling schedule to the secretary for review and
approval. |
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(4) |
To qualify for landfill disposal, the
concentration of benzene and 1,2-dichloroethane in the soil and debris
shall be less than one of the following |
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(A) |
10 mg/kg using a total analysis; or |
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(B) |
0.5 mg/l using the toxicity characteristics
leaching procedure analysis. |
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(5) |
A lead analysis may be required by the
department. To qualify for landfill disposal, the concentration of lead
in the soil shall be less than one of the following: |
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(A) |
100 mg/kg using a total analysis; or |
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(B) |
5 mg/l using the toxic characteristic leaching
procedure analysis. |
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(e) |
Generator
requirements for transfer of special wastes. Each generator of
special waste or the agent of the generator shall, before transfer of
the special waste, provide the transporter with a copy of the disposal
authorization for each load of special waste. |
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(f) |
Transporter
requirements for transfer and disposal of special wastes.
Before transfer or disposal of special waste, each transporter of
special waste shall provide notification of each load of special waste
to both of the following persons: |
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(1)
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The owner or operator of each solid waste
transfer station involved in the transport of the special waste; and |
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(2) |
the owner or operator of the MSWLF at which
the special waste will be disposed. |
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(g) |
MSWLF requirements for
acceptance and disposal of special wastes. The owner or operator of
each MSWLF shall comply with each of the following requirements: |
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(1)
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If a load of special waste requires a special
waste disposal authorization, check for compliance with the special
waste disposal authorization; |
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(2) |
reject any special waste requiring a special
waste disposal authorization if the special waste does not meet both of
the following requirements: |
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(A) |
Has a special waste disposal authorization
issued by the department; and |
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(B) |
meets the requirements of the special waste
disposal authorization; |
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(3) |
notify the department in writing of each special waste load that is
rejected at the MSWLF within one business day after the rejection; |
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(4) |
dispose of the special waste only if it meets
one of the following requirements: |
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(A) |
Is capable of passing the paint filter liquids
test specified in K.A.R. 28-29-108; or |
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(B) |
is exempt from the liquids restriction as
specified in K.A.R. 28-29-108; and |
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(5) |
maintain documentation in the operating
record, as specified in K.A.R. 28-29-108, of each special waste disposed
of at the MSWLF, until the MSWLF is certified for closure in accordance
with K.A.R. 28-29-121. (Authorized by K.S.A. 2001 Supp. 65-3406;
implementing K.S.A. 2001 Supp. 65-3401; effective July 10, 1998; amended
May 20, 2003.) |
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