1. (a) Applicability.

   1. (1) Owners or operators must implement a program at the facility for detecting and preventing the disposal of:

      1. (A) Regulated hazardous wastes as defined in 40 C.F.R. pt. 261;
      2. (B) Polychlorinated biphenyls (PCB) wastes regulated under the Toxic Substances Control Act (TSCA) for disposal as defined in 40 C.F.R. pt. 761; and
      3. (C) Additional unauthorized wastes as of the compliance date in 8 CAR § 60-104(d).

   2. (2) This program must include, at a minimum:

      1. (A) Random inspections of incoming loads unless the owner or operator takes other steps to ensure that incoming loads do not contain:

2. (i) Regulated hazardous wastes;

   1. (ii) PCB wastes; or

      1. (iii) Other unauthorized wastes;
      2. (B) Records of any inspections;

      3. (C) Training of facility personnel to recognize:

         1. (i) Regulated hazardous waste;
         2. (ii) PCB wastes; and
         3. (iii) Additional unauthorized wastes; and
      4. (D) Notification of the Director of the Division of Environmental Quality if a regulated hazardous waste, PCB waste, or other unauthorized waste is discovered at the facility.

3. (b) Definition. For purposes of this section, "regulated hazardous waste" means a solid waste that is a hazardous waste, as defined in 40 C.F.R. § 261.3, that is not excluded from regulation as a hazardous waste under 40 C.F.R. § 261.4(b), or was not generated by a conditionally exempt small quantity generator as defined in 40 C.F.R. § 261.5.

   1. (c) Hazardous waste exclusion plan.
   2. (1) Each facility shall develop, implement, and maintain a written plan for hazardous waste exclusion to demonstrate compliance with this section.

   3. (2) The plan shall include at a minimum:

      1. (A) Purpose of monitoring and roles of landfill personnel;
      2. (B) Types of wastes to be excluded;

      3. (C)

         1. (i) A written protocol that describes the methods to identify and screen potentially hazardous waste and other unauthorized wastes before it enters the landfill, including the review of industrial customer's procedures for separating hazardous waste and other unauthorized wastes from other wastes.
         2. (ii) The written protocol shall describe the procedures, evaluation criteria, testing requirements, and decision-making process that will be followed to determine whether to accept or reject industrial or process waste for disposal before it enters the landfill;

      4. (D)

         1. (i) Sampling and analysis procedures to be followed for new customers and for periodic retesting of existing customer wastes.
         2. (ii) Testing laboratories shall be certified by the Division of Environmental Quality;
      5. (E) Random inspection procedures and documentation;
      6. (F) Personnel training to be provided;
      7. (G) Recordkeeping requirements; and
      8. (H) A contingency plan that includes notification procedures and remedial actions to be taken when hazardous waste and other unauthorized wastes are identified.

Codification Notes: The Toxic Substances Control Act (TSCA), Pub. L. No. 94-469, is codified generally at 15 U.S.C. § 2601 et seq.