R315-264-555. Disposal of CAMU-Eligible Wastes in Permitted Hazardous Waste Landfills

  (a) The Director may approve placement of CAMU-eligible wastes in hazardous waste landfills not located at the site from which the waste originated, without the wastes meeting the requirements of Rule R315-268, if the conditions in Subsections R315-264-555(a)(1) through (3) are met:

  (1) The waste meets the definition of CAMU-eligible waste in Subsection R315-264-552(a)(1) and (2).

  (2) The Director identifies principal hazardous constitutes in such waste, in accordance with Subsection R315-264-552(e)(4)(i) and (ii), and requires that such principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:

  (i) The treatment standards under Subsection R315-264-552(e)(4)(iv); or

  (ii) Treatment standards adjusted in accordance with Subsection R315-264-552(e)(4)(v)(A), (C), (D) or (E)(I); or

  (iii) Treatment standards adjusted in accordance with Subsection R315-264-552(e)(4)(v)(E)(II), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.

  (3) The landfill receiving the CAMU-eligible waste shall have a permit issued under Section 19-6-108, meet the requirements for new landfills in Sections R315-264-300 through 317, and be authorized to accept CAMU-eligible wastes; for the purposes of this requirement, "permit" does not include interim status.

  (b) The person seeking approval shall provide sufficient information to enable the Director to approve placement of CAMU-eligible waste in accordance with Subsection R315-264-555(a). Information required by Subsections R315-264-552(d)(1) through (3) for CAMU applications shall be provided, unless not reasonably available.

  (c) The Director shall provide public notice and a reasonable opportunity for public comment before approving CAMU eligible waste for placement in an off-site permitted hazardous waste landfill, consistent with the requirements for CAMU approval at Subsection R315-264-552(h). The approval shall be specific to a single remediation.

  (d) Applicable hazardous waste management requirements in Rule R315-264, including recordkeeping requirements to demonstrate compliance with treatment standards approved under Section R315-264-555, for CAMU-eligible waste shall be incorporated into the receiving facility permit through permit issuance or a permit modification, providing notice and an opportunity for comment and a hearing. Notwithstanding Subsection R315-270-4(a), a landfill may not receive hazardous CAMU-eligible waste under Section R315-264-555 unless its permit specifically authorizes receipt of such waste.

  (e) For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-eligible waste in accordance with Subsection R315-264-555(d) until the following additional conditions have been met:

  (1) The landfill owner/operator notifies the Director and persons on the facility mailing list, maintained in accordance with Subsection R315-124-10(c)(1)(ix), of his or her intent to receive CAMU-eligible waste in accordance with Section R315-264-555; the notice shall identify the source of the remediation waste, the principal hazardous constituents in the waste, and treatment requirements.

  (2) Persons on the facility mailing list may provide comments, including objections to the receipt of the CAMU-eligible waste, to the Director within 15 days of notification.

  (3) The Director may object to the placement of the CAMU-eligible waste in the landfill within 30 days of notification; the Director may extend the review period an additional 30 days because of public concerns or insufficient information.

  (4) CAMU-eligible wastes may not be placed in the landfill until the Director has notified the facility owner/operator that he or she does not object to its placement.

  (5) If the Director objects to the placement or does not notify the facility owner/operator that he or she has chosen not to object, the facility may not receive the waste, notwithstanding Subsection R315-270-4(a), until the objection has been resolved, or the owner/operator obtains a permit modification in accordance with the procedures of Section R315-270-42 specifically authorizing receipt of the waste.

  (6) As part of the permit issuance or permit modification process of Subsection R315-264-555(d), the Director may modify, reduce, or eliminate the notification requirements of Subsection R315-264-555(e) as they apply to specific categories of CAMU-eligible waste, based on minimal risk.

  (f) Generators of CAMU-eligible wastes sent off-site to a hazardous waste landfill under Section R315-264-555 shall comply with the requirements of Subsection R315-268-7(a)(4); off-site facilities treating CAMU-eligible wastes to comply with Section R315-264-555 shall comply with the requirements of Subsection R315-268-7(b)(4), except that the certification shall be with respect to the treatment requirements of Subsection R315-264-555(a)(2).

  (g) For the purposes of Section R315-264-555 only, the "design of the CAMU" in Subsection R315-264-552(e)(4)(v)(E) means design of the permitted hazardous waste landfill.