(a) Program requirements.

1. (1) Owners or operators shall implement a program at the facility for detecting and preventing the disposal of regulated hazardous wastes and polychlorinated biphenyls (PCB) wastes as defined in Hazardous Waste Management, 8 CAR pt. 81, and all additional unauthorized wastes.
2. (2) Class 3 commercial landfills shall comply with the requirements of 8 CAR § 60-412 pertaining to procedures for excluding the receipt of hazardous waste and other unauthorized wastes for Class 1 landfills.

3. (3)

   1. (A) Class 3 noncommercial landfills shall develop a program in accordance with the requirements of this section.
   2. (B) The program shall be submitted to the Division of Environmental Quality and shall be placed in the operating record.

(b) Contents of Class 3N exclusion plan.

1. (1) The owner or operator of all Class 3 noncommercial landfills shall develop, implement, and maintain a written plan for hazardous and other unauthorized waste exclusion to demonstrate compliance with this section.

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

   1. (A) A description of the proposed monitoring program and responsibilities of facility personnel that will ensure that incoming loads do not contain:

(i) Regulated hazardous wastes;

1. (ii) PCB wastes; or

   1. (iii) Additional unauthorized wastes;
   2. (B) Methods to identify and screen potentially hazardous and additional unauthorized wastes before it enters the landfill including, if applicable, the review of procedures for separating hazardous waste and other unauthorized waste from other wastes;
   3. (C) Random inspection procedures, documentation of inspections, and maintenance of records or test results made to ensure compliance;
   4. (D) A contingency plan and description of remedial actions to be taken when hazardous or unauthorized waste is identified in the Class 3 waste stream; and

   5. (E) Notification of the Director of the Division of Environmental Quality if a regulated hazardous waste, PCB, or other unauthorized waste is discovered in the landfill.

      1. (c) Separation of other unauthorized wastes.
2. (1) Class 3 landfills shall develop and follow division-approved operating procedures to prevent the disposal of or provide for the separation of unauthorized waste from the approved Class 3 waste stream.
3. (2) Suitable containers, vehicles, or transfer capability shall be provided at the landfill site or the industrial facility for the proper removal and disposal of unauthorized waste.