| 28-29-109.Special Waste |
|
| |
(a) |
Disposal of special waste.
Any person may dispose of special waste, as defined in K.A.R. 28-29-101, if both of the
following conditions are met. |
|
| |
|
(1) |
The person disposes of the special waste at a permitted municipal solid waste landfill (MSWLF).
|
|
| |
|
(2) |
The special waste meets one of the following requirements. |
|
| |
|
|
(A) |
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
(j) of this regulation. |
|
| |
|
|
(B) |
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
(j) of this regulation. |
|
| |
|
|
(C) |
The special waste is a predetermined class of special waste, as set forth in subsection (d)
of this regulation, and is disposed of in accordance with subsections (j) and (k) of this
regulation. |
|
| |
(b) |
Request for special waste disposal authorization. Each person requesting a special waste disposal
authorization shall provide the following information to the department: |
|
| |
|
(1) |
a description of the waste, including the following information: |
|
| |
|
|
(A) |
the type of waste; |
|
| |
|
|
(B) |
the process that produced the waste; |
|
| |
|
|
(C) |
the physical characteristics of the waste; and |
|
| |
|
|
(D) |
the quantity of waste to be disposed of; |
|
| |
|
(2) |
the following information concerning the generator: |
|
| |
|
|
(A) |
name; |
|
| |
|
|
(B) |
address; |
|
| |
|
|
(C) |
telephone number: and |
|
| |
|
|
(D) |
contact person; |
|
| |
|
(3) |
the location of waste generation, if different from the generator address; |
|
| |
|
(4) |
the name and address of each solid waste transfer station proposed for transfer of the waste; |
|
| |
|
(5) |
the name and address of the MSWLF proposed for disposal of the waste; |
|
| |
|
(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, or 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 |
|
| |
|
(7) |
all laboratory analyses that have been performed to determine if the waste is a listed
hazardous waste, or a waste that exhibits the characteristics of a hazardous waste. |
|
| |
|
|
(A) |
If departmental certification is available for an analysis, only a laboratory that is
certified for the analysis by the department shall perform the analysis. |
|
| |
|
|
(B) |
Each analysis shall include the following analyses: |
|
| |
|
|
|
(i) |
each analysis required to make a determination of hazardous waste characteristics pursuant
to K.A.R. 28-31-3; and; |
|
| |
|
|
|
(ii) |
all additional analyses specified by the department. |
|
| |
|
|
(C) |
The generator shall provide a signed statement for each analysis stating that the
analysis is representative of the waste. |
|
| |
|
|
(D) |
If the waste is 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. |
|
| |
(c) |
Issuance of special waste disposal authorizations. |
|
| |
|
(1) |
Not later than ten 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 that the department has made one of the
following determination. |
|
| |
|
|
(A) |
The request for a special waste disposal authorization is not complete. |
|
| |
|
|
(B) |
The waste does not require a special waste disposal authorization. |
|
| |
|
|
(C) |
The waste is a special waste, and the request for a special waste disposal authorization
is approved. |
|
| |
|
|
(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. |
|
| |
|
(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: |
|
| |
|
|
(A) |
the person
requesting the special waste disposal authorization, the generator of the
waste, or both; |
|
| |
|
|
(B) |
the owner or
operator of each solid waste transfer station proposed for transfer of the
solid waste; and |
|
| |
|
|
(C) |
the owner or
operator of the MSWLF proposed for
disposal of the special waste. |
|
| |
|
(3) |
A special waste
disposal authorization shall not obligate any MSWLF or solid waste transfer station owner or operator to accept
the special waste. |
|
| |
(d) |
Predetermined
classes of special waste.
The following wastes shall be classified as special wastes: |
|
| |
|
(1) |
soil and debris
contaminated with petroleum products from leakage of any underground
storage tanks (UST), if the UST has never been used to store any substance
other than aviation fuel, diesel fuel, fuel oil, gasoline, or kerosene; |
|
| |
|
(2) |
soil and debris
contaminated by spills of aviation fuel, diesel fuel, fuel oil, gasoline,
or kerosene; |
|
| |
|
(3) |
asbestos-containing material regulated under K.A.R.
28-50-14; and |
|
| |
|
(4) |
medical services
waste, as defined in K.A.R.
28-29-27. |
|
| |
(e) |
Disposal
authorization for predetermined classes of special waste. Any predetermined class of special waste identified
in subsection (d) of this regulation shall not require an individual special
waste disposal authorization from the department if the special waste is
disposed of at a MSWLF approved for disposal of the predetermined class of
special waste in accordance with subsections (f) through (k) of this regulation. |
|
| |
|
(1)
|
Approval by the
department for the MSWLF to
accept predetermined special waste shall fulfill the requirements of
departmental notification and issuance of a disposal authorization set forth in
K.A.R. 28-29-108(r)(13). |
|
| |
|
(2) |
Approval by the
department for the MSWLF to accept asbestos
as a predetermined special waste shall fulfill the requirements of prior
departmental approval for disposal of asbestos in K.A.R. 28-50-14(a)(5). |
|
| |
(f) |
Request for
approval to accept predetermined classes of special waste without
individual disposal authorizations from the department. Any owner or operator of a permitted MSWLF may request approval
from the department to accept one or more predetermined classes of special waste
identified in subsection (d) of this regulation. Each request shall
include the following information: |
|
| |
|
(1)
|
identification of
each predetermined class of special waste the MSWLF proposed to receive; |
|
| |
|
(2) |
if the MSWLF proposes to receive soil and debris
contaminated with aviation fuel, diesel fuel, fuel oil, gasoline, or kerosene, a
sampling and analysis plan for the soil and debris, Iowa method OA-1,
"method for determination of volatile petroleum hydrocarbons
(gasoline)," revision 7/27/93, shall be performed on a minimum of one representative
sample form the first 100 cubic yards of soil and debris, and a minimum of one
representative sample from every 300 cubic yards of soil and debris thereafter; |
|
| |
|
(3) |
a plan for
managing each predetermined class of special waste the MSWLF proposes to receive. Upon departmental approval,
the owner or operator of the MSWLF shall incorporate this plan into the
operating plan of the MSWLF; and |
|
| |
|
(4) |
certification,
signed by the owner or operator of the MSWLF, that the owner or operator of the MSWLF shall comply with the
acceptance and disposal requirements in subsections (j) and (k) of this
regulation. |
|
| |
(g) |
Approval to
accept predetermined classes of special waste without individual disposal
authorizations from the department. |
|
| |
|
(1)
|
Within 30
calendar days after the department receives a complete request for the MSWLF to accept one or
more predetermined classes of special waste, the request shall be
reviewed by the department, and the person making the request shall be
notified by the department that the request is approved or denied. |
|
| |
|
(2) |
Departmental
approval to accept predetermined classes of special waste may be denied or
withdrawn if the MSWLF is not in compliance with
K.A.R. 28-29-1 et seq. |
|
| |
(h) |
Generator
requirements for transfer of special wastes. Each generator of special waste, or agent
of the generator, shall, before transfer of the special waste, identify
each load of special waste to the transporter of the special waste as
one of the following types of special waste: |
|
| |
|
(1)
|
a special waste,
to be transported in accordance with the special waste disposal
authorization letter issued by the department; or |
|
| |
|
(2) |
a predetermined
class of special waste, to be transported in accordance with the approved
operating plan of the MSWLF at which the special waste will be disposed. |
|
| |
(i) |
Transporter
requirements for transfer and disposal of special wastes. |
|
| |
|
(1)
|
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: |
|
| |
|
|
(A) |
the owner or
operator of each solid waste transfer station involved in the transport of
the special waste; and |
|
| |
|
|
(B) |
the owner or
operator of the MSWLF at which
the special waste will be disposed. |
|
| |
|
(2) |
The transporter
shall identify each load of special waste as one of the following types of
special waste: |
|
| |
|
|
(A) |
a special waste
accompanied by the special waste disposal authorization letter issued by
the department; or |
|
| |
|
|
(B) |
a predetermined
class of special waste. |
|
| |
(j) |
MSWLF requirements for acceptance and
disposal of special wastes. The owner or operator of each
MSWLF shall comply with each of the following requirements: |
|
| |
|
(1)
|
if a load of
special waste requires a special waste disposal authorization, check for
compliance with the special waste disposal authorization; |
|
| |
|
(2) |
if the special
waste is a predetermined class of special waste, check for compliance with
the following requirements: |
|
| |
|
|
(A) |
the requirements
for acceptance and disposal of the predetermined class of special waste as
set forth in subsection (k) of this regulation; and |
|
| |
|
|
(B) |
the requirements
of the approved operating plan of the MSWLF; |
|
| |
|
(3) |
reject special
waste requiring a special waste disposal authorization if the special
waste does not meet both of the following requirements: |
|
| |
|
|
(A) |
have a special
waste disposal authorization issued by the department; and |
|
| |
|
|
(B) |
meet the
requirements of the special waste disposal authorization; |
|
| |
|
(4) |
reject special
waste that is a predetermined class of special waste, if the special waste
does not meet the following requirements: |
|
| |
|
|
(A) |
the requirements
for acceptance and disposal of the predetermined class of special waste as
set forth in subsection (k) of the regulation; and |
|
| |
|
|
(B) |
the requirements
of the approved operating plan of the MSWLF; |
|
| |
|
(5) |
notify the
department in writing of each special waste load that is rejected at the MSWLF within one week after the
rejection; |
|
| |
|
(6) |
dispose of the
special waste only if it meets one of the following requirements: |
|
| |
|
|
(A) |
is capable of
passing the paint filter liquids test, method 9095A, revision 1, defined
in "test methods for evaluating solid waste, physical/chemical methods,"
EPA pub. no. SW-846, dated December, 1006; or |
|
| |
|
|
(B) |
is exempt from
the liquids restriction as set forth in K.A.R. 28-29-108(k). |
|
| |
|
(7) |
maintain
documentation in the operating record, as set forth in K.A.R. 28-29-108, subsections (q) and (r), of
each special waste disposed of a the MSWLF, until the MSWLF is certified
for closure pursuant to K.A.R. 28-29-121; and |
|
| |
|
(8) |
if the MSWLF accepts one or more
predetermined classes of special waste, submit to the department
semiannual reports of all predetermined special wastes accepted at the
MSWLF. |
|
| |
|
|
(A) |
Reports covering
the period of January 1 through June 30 shall be due on or before
September 1 of the same year. |
|
| |
|
|
(B) |
Reports covering
the period July 1 through December 31 shall be due on or before March 1 of
the following year. |
|
| |
|
|
(C) |
The report shall
be in a format approved by the department. |
|
| |
(k) |
MSWLF requirements for acceptance and
disposal of predetermined classes of special waste. Each MSWLF
may accept a predetermined class of special waste that is not
accompanied by a special waste disposal authorization issued by the department
only if the MSWLF has received approval from the department to accept
the predetermined class of special waste as set forth in subsection (g)
of this regulation, and the special waste meets the following
requirements: |
|
| |
|
(1)
|
Soil and debris
contaminated with petroleum products from leakage of a UST. |
|
| |
|
|
(A) |
The UST shall
never have been used to store any substance other than aviation fuel,
diesel fuel, fuel oil, gasoline, or kerosene. |
|
| |
|
|
(B) |
The concentration
of benzene and 1,2-dichloroethane in the soil and debris shall each be
equal to or less than one of the following concentrations: |
|
| |
|
|
|
(i) |
10 mg/kg using a total
analysis; or |
|
| |
|
|
|
(ii) |
.5 mg/l using the
toxicity characteristic leaching procedure (TCLP) analysis. |
|
| |
|
|
(C) |
For each analysis
used to determine the concentrations of benzene and 1,2-dichloroethane,
the laboratory shall use methods for which it is certified under K.A.R. 28-15-36. |
|
| |
|
|
|
(i) |
The laboratory shall use
analytical methods other than those listed in paragraph (k)(1)(C) of this
regulation only upon written approval from the department. |
|
| |
|
|
|
(ii) |
Departmental approval may be
given for analytical methods that detect benzene and 1,2-dichloroethane
with accuracy and precision equal to or greater than the methods listed in
paragraph (k)(1)(C) of this regulation. |
|
| |
|
|
(D) |
The soil and
debris shall be capable of passing the paint filter test described in
paragraph (j)(6) of this regulation. |
|
| |
|
(2)
|
Soil and debris
contaminated by spills of aviation fuel, diesel fuel , fuel oil, gasoline,
or kerosene. |
|
| |
|
|
(A) |
The soil and
debris shall not be a hazardous waste as defined in K.A.R. 28-31-3. |
|
| |
|
|
(B) |
The soil and
debris shall be capable of passing the paint filter test described in
paragraph (j)(6) of this regulation. |
|
| |
|
(3)
|
Asbestos-containing material. The MSWLF shall accept and dispose of asbestos-containing material in
accordance with K.A.R. 28-50-14. |
|
| |
|
(4)
|
Medical services
waste. The MSWLF
shall accept and dispose of medical waste in accordance with K.A.R.
28-29-27. (Authorized by K.S.A. 1996 Supp. 65-3406, as
amended by L. 1997, Ch. 139, Sec. 1; implementing K.S.A. 1996 Supp.
65-3401, as amended by L. 1997, Ch. 140, Sec. 1; effective July 10,
1998.)
|
| |
|
|
