Cal. Code Regs. Tit. 22, § 66268.3 - Dilution Prohibited As a Substitute for Treatment
(a) No generator , transporter , handler, or
owner or operator of a treatment , storage , or disposal facility shall in any
way dilute a restricted waste or the residual from treatment of a restricted
waste as a substitute for adequate treatment to achieve compliance with article
4 or article 11 of this chapter, to circumvent the effective date of a
prohibition in article 3 or article 10 of this chapter, to otherwise avoid a
prohibition in article 3 or article 10 of this chapter, or to circumvent a land
disposal prohibition imposed by RCRA section 3004 (42 U.S.C. section
6924).
(b) Combustion of the hazardous waste codes
listed in Appendix XI of this chapter is prohibited, unless the waste , at the
point of generation, or after any bona fide treatment such as cyanide
destruction prior to combustion, can be demonstrated to comply with one or more
of the following criteria (unless otherwise specifically prohibited from
combustion):
(1) The waste contains hazardous
organic constituents or cyanide at levels exceeding the constituent-specific
treatment standard found in section
66268.48;
(2) The waste consists of organic,
debris -like materials (e.g., wood paper, plastic, or cloth) contaminated with
an inorganic metal-bearing hazardous waste ;
(3) The waste , at point of generation, has
reasonable heating value such as greater than or equal to 5000 BTU per
pound;
(4) The waste is
co-generated with wastes for which combustion is a required method of
treatment ;
(5) The waste is subject
to Federal and/or State requirements necessitating reduction of organics
(including biological agents); or
(6) The waste contains greater than 1% Total
Organic Carbon (TOC).
(c)
It is a form of impermissible dilution, and therefore prohibited, to add iron
filings or other metallic forms of iron to lead-containing hazardous wastes in
order to achieve any land disposal restriction treatment standard for lead.
Lead-containing wastes include D008 wastes (wastes exhibiting a characteristic
due to the presence of lead), all characteristic wastes containing lead as an
underlying hazardous constituent , listed wastes containing lead as a regulated
constituent, and hazardous media containing any of the aforementioned
lead-containing wastes.
Notes
2. Change without regulatory effect redesignating and amending first paragraph as subsection (a) and adding new subsections (b)-(c) filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 268.3.
2. Change without regulatory effect redesignating and amending first paragraph as subsection (a) and adding new subsections (b)-(c) filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
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