R315-268-34. Land Disposal Restrictions -- Waste Specific Prohibitions-Toxicity Characteristic Metal Wastes

  (a) Effective August 24, 1998, the following wastes are prohibited from land disposal: the wastes specified in Rule R315-261 as EPA Hazardous Waste numbers D004-D011 that are newly identified, i.e. wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure, and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specifications at Rule R315-261.

  (b) Effective November 26, 1998, the following waste is prohibited from land disposal: Slag from secondary lead smelting which exhibits the Toxicity Characteristic due to the presence of one or more metals.

  (c) Effective May 26, 2000, the following wastes are prohibited from land disposal: newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with EPA Hazardous wastes D004-D011 that are newly identified, i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure; or mixed with newly identified characteristic mineral processing wastes, soil, or debris.

  (d) Between May 26, 1998 and May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing, radioactive waste mixed with D004-D011 wastes that are newly identified, i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure, or mixed with newly identified characteristic mineral processing wastes, soil, or debris may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in Subsection R315-268-5(h).

  (e) The requirements of Subsection R315-268-34(a) and (b) do not apply if:

  (1) The wastes meet the applicable treatment standards specified in Sections R315-268-40 through 49:

  (2) Persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, with respect to those wastes and units covered by the petition;

  (3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under Section R315-268-44; or

  (4) Persons have been granted an extension to the effective date of a prohibition pursuant to Section R315-268-5, with respect to these wastes covered by the extension.

  (f) To determine whether a hazardous waste identified in Section R315-268-34 exceeds the applicable treatment standards specified in Section R315-268-40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentration in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents, including underlying hazardous constituents in characteristic wastes, in excess of the applicable Universal Treatment Standard levels of Section R315-268-48, the waste is prohibited from land disposal, and all requirements of Rule R315-268 are applicable, except as otherwise specified.