(a) Notification and permit requirements.

1. (1) Special materials, as defined by this part, may be disposed of in Class 1 landfills provided the applicant has notified the Division of Environmental Quality of the intent to receive and dispose of such wastes and has received authorization by permit or modification thereof.

2. (2)

   1. (A) Special materials shall not be disposed of in Class 3 or Class 4 landfills, unless the landfill is specifically designed for the receipt and disposal thereof and the disposal has been approved by the division by permit or modification thereof.
   2. (B) Unless written permission is granted by the division or receipt of the waste is authorized under Subpart 8 of this part, transfer stations, composting facilities, and solid waste recovery facilities are not authorized to accept special materials as defined and identified herein.

(d) Restricted materials. Other restricted materials include but may not be limited to:

1. (1) Oil sludges;
2. (2) Pathological, infectious, and biological wastes;
3. (3) Radioactive materials;
4. (4) Acutely hazardous chemicals;
5. (5) Highly flammable or volatile substances;
6. (6) Pesticides or herbicides; and
7. (7) Explosives.

(e) Owner or operator responsibilities.

1. (1) It is the responsibility of the owner or operator of all landfills to maintain compliance with the requirements for special materials handling and disposal at the landfill in accordance with the requirements described herein.
2. (2) The owner or operator is responsible for maintaining all records for proper waste characterization.