R315-315-7. PCB Containing Waste

  (1) Any facility that disposes of nonhazardous waste, hazardous waste, or radioactive waste containing PCBs is regulated by Rules R315-301 through 320.

  (2) The following wastes containing PCBs may be disposed in a permitted Class I, II, III, IV, V, or VI Landfill; permitted incinerator; permitted energy recovery facility; or a facility permitted by rule under Rule R315-318:

  (a) waste, as specified by 40 CFR 761.61, containing PCBs at concentrations less than 50 ppm;

  (b) PCB household waste as defined by 40 CFR 761.3 ; and

  (c) small quantities, 10 or fewer, of intact, non-leaking, small PCB capacitors, including capacitors from fluorescent lights x-ray machines, and other machines and test equipment.

  (3) Waste containing PCBs at concentrations of 50 ppm or higher are prohibited from disposal in a landfill, incinerator, or energy recovery facility that is regulated by Rules R315-301 through 320, except:

  (a) the following facilities may receive waste containing PCBs at concentrations of 50 ppm or higher for treatment or disposal:

  (i) a facility permitted prior to July 15, 1993 under 40 CFR 761.70, .75 or .77; or

  (ii) a facility permitted after July 15, 1993 under 40 CFR 761.70, .71, .72, .75, or .77 and approved by the Director under Rules R315-301 through 320; or

  (b) a Class I or V landfill that has a liner and ground water monitoring or an incinerator that meets the requirements of Subsection R315-315-7(a)(i) or (ii) and when approved by the Director, may dispose of the following PCB wastes:

  (i) PCB bulk products regulated by 40 CFR 761.62(b);

  (ii) drained PCB contaminated equipment as defined by 40 CFR 761.3;

  (iii) drained PCB articles, including drained PCB transformers, as defined by 40 CFR 761.3;

  (iv) non-liquid cleaning materials remediation wastes containing PCB's regulated by 40 CFR 761.61(a)(5)(v)(A);

  (v) PCB containing manufactured products regulated by 40 CFR 761.62(b)(1)(i) and (ii); or

  (vi) non-liquid PCB containing waste, initially generated as a non-liquid waste, generated as a result of research and development regulated by 40 CFR 761.64(b)(2).

  (c) If a unit of a permitted landfill is approved to receive PCB containing wastes under Subsection R315-315-7(3)(b), the owner or operator of the landfill:

  (i) shall modify the approved Ground Water Monitoring Plan to include the testing of the ground water samples for PCB containing constituents at appropriate detection levels; and

  (ii) shall test the leachate generated at the unit of the landfill for PCB's.