R315-268-9. Land Disposal Restrictions -- Special Rules Regarding Wastes That Exhibit a Characteristic

  (a) The initial generator of a solid waste shall determine each EPA Hazardous Waste Number, waste code, applicable to the waste in order to determine the applicable treatment standards under Sections R315-268-40 through 49. This determination may be made concurrently with the hazardous waste determination required in Section R315-262-11. For purposes of Rule R315-268, the waste shall carry the waste code for any applicable listed waste Sections R315-261-30 through 35. In addition, where the waste exhibits a characteristic, the waste shall carry one or more of the characteristic waste codes Sections R315-261-20 through 24, except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in Subsection R315-268-9(b). If the generator determines that their waste displays a hazardous characteristic, and is not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM of Section R315-268-42, Table 1, the generator shall determine the underlying hazardous constituents, as defined at Subsection R315-268-2(i), in the characteristic waste.

  (b) Where a prohibited waste is both listed under Sections R315-261-30 through 35 and exhibits a characteristic under Sections R315-261-20 through 24, the treatment standard for the waste code listed in Sections R315-261-30 through 35 shall operate in lieu of the standard for the waste code under Sections R315-261-20 through 24, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste shall meet the treatment standards for all applicable listed and characteristic waste codes.

  (c) In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a characteristic under Sections R315-261-20 through 24 may be land disposed unless the waste complies with the treatment standards under Sections R315-268-40 through 49.

  (d) Wastes that exhibit a characteristic are also subject to Section R315-268-7 requirements, except that once the waste is no longer hazardous, a one-time notification and certification shall be placed in the generator's or treater's on-site files. The notification and certification shall be updated if the process or operation generating the waste changes and/or if the non-hazardous waste facility receiving the waste changes.

  (1) The notification shall include the following information:

  (i) Name and address of the non-hazardous waste facility receiving the waste shipment; and

  (ii) A description of the waste as initially generated, including the applicable EPA hazardous waste code(s), treatability group(s), and underlying hazardous constituents, as defined in Subsection R315-268-2(i), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.

  (2) The certification shall be signed by an authorized representative and shall state the language found in Subsection R315-268-7(b)(4).

  (i) If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in Subsection R315-268-7(b)(4)(iv) applies.