R315-268-39. Land Disposal Restrictions -- Waste Specific Prohibitions -- Spent Aluminum Potliners; Reactive; and Carbamate Wastes

  (a) On July 8, 1996, the wastes specified in Section R315-261-32 as EPA Hazardous Waste numbers K156-K159, and K161; and in Section R315-261-33 as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

  (b) On July 8, 1996, the wastes identified in Section R315-261-23 as D003 that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal, see Section R315-268-40.

  (c) On September 21, 1998, the wastes specified in Section R315-261-32 as EPA Hazardous Waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

  (d) On April 8, 1998, radioactive wastes mixed with K088, K156-K159, K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

  (e) Between July 8, 1996, and April 8, 1998, the wastes included in Subsections R315-268-39(a), (c), and (d) 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)(2).

  (f) The requirements of Subsections R315-268-39(a), (b), (c), and (d) 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;

  (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.

  (g) To determine whether a hazardous waste identified in Section R315-268-39 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 concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable Sections R315-268-40 through 49, the waste is prohibited from land disposal, and all requirements of Rule R315-268 are applicable, except as otherwise specified.