A person may manage solid waste according to a standing
beneficial use determination listed in section (5) without contacting the
Department's Solid Waste Program for approval if the person complies with the
requirements of this rule.
(1) A
person managing solid waste as a standing beneficial use must:
(a) Manage the material until the time it is
used for its approved beneficial use, including any storage, transportation, or
processing, so as to prevent releases to the environment or nuisance
conditions;
(b) Use the material
consistent with applicable engineering standards, commercial standards, and
agricultural or horticultural practices;
(c) Ensure that hazardous substances in the
material meet one of the criteria in this subsection,
(A) Do not significantly exceed the
concentration in a comparable raw material or commercial product,
(B) Do not exceed naturally occurring
background concentrations, or
(C)
Will not exceed acceptable risk levels, including evaluation of persistence and
potential bioaccumulation, when managed according to a beneficial use
determination;
(d)
Ensure the use does not result in the increase of a hazardous substance in a
sensitive environment; and
(e) Use
the material in compliance with applicable federal, state, and local
regulations.
(2) A
person who supplies a solid waste to another person for a beneficial use must
provide information to the recipient of the material through written
documentation, labeling, or other means that identifies the:
(a) Type of material;
(b) Type and concentration of hazardous
substances if known;
(c) Approved
beneficial uses; and
(d) Any
conditions that apply under this rule.
(3) At the request of the Department, a
person managing a solid waste according to a standing beneficial use
determination must provide information sufficient to demonstrate the material
and use comply with this rule.
(4)
A person beneficially using a solid waste must submit a report to the
Department for any material managed within a calendar year for those solid
wastes listed in section (5), subsections (c), (d), (f), and (g), which involve
the direct land application of solid wastes that contain hazardous substances
exceeding clean fill criteria. Reports must include: material characterization,
the type and concentration of hazardous substances, the beneficial use, volume
used, and location of land application.
(5) Standing beneficial use determinations:
[NOTE: View table by clicking on link below.]
