1. (a) Applicability. Persons defined in Subsection R315-268-1(b) shall comply with LDRs before placing soil that exhibits a characteristic of hazardous waste or exhibited a characteristic of hazardous waste when it was generated, into a land disposal unit. The following chart describes whether persons defined in Subsection R315-268-1(b) shall comply with LDRs before placing soil contaminated by listed hazardous waste into a land disposal unit:

   Table 1If LDRsAnd if LDRsAnd ifThen persons defined in Subsection R315-268-1(b)Applied to the listed waste when it contaminated the soil*.Apply to the listed waste now.Shall comply with LDRs.Did not apply to the listed waste when it contaminated the soil*.Apply to the listed waste now.The soil is determined to contain the listed waste when the soil is first generated.Shall comply with LDRs.

   Did not apply to the listed waste when it contaminated the soil*.Apply to the listed waste now.The soil is determined not to contain the listed waste when the soil is first generated.Need not comply with LDRs.Did not apply to the listed waste when it contaminated the soil*.Do not apply to the listed waste now.Need not comply with LDRs.*For dates of LDR applicability, see Rule R315-268 Appendix VII. To determine the date any given listed hazardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill.

2. (b) Before land disposal, contaminated soil identified by Subsection R315-268-49(a) as needing to comply with LDRs shall be treated according to the applicable treatment standards specified in Subsection R315-268-49(c) or according to the Universal Treatment Standards specified in Section R315-268-48 applicable to the contaminating listed hazardous waste or the applicable characteristic of hazardous waste if the soil is characteristic, or both. The treatment standards specified in Subsection R315-268-49(c) and the Universal Treatment Standards may be modified through a treatment variance approved in accordance with Section R315-268-44.
3. (c) Treatment standards for contaminated soils. Before land disposal, contaminated soil identified by Subsection R315-268-49(a) as needing to comply with LDRs shall be treated according to the standards specified in Subsection R315-268-49(c) or according to the Universal Treatment Standards specified in Section R315-268-48.

4. (1) Any soils. Before land disposal, the constituents subject to treatment shall be treated as follows:

   1. (A) For non-metals except carbon disulfide, cyclohexanone, and methanol, treatment shall achieve 90% reduction in total constituent concentrations, except as provided by Subsection R315-268-49(c)(1)(C).
   2. (B) For metals and carbon disulfide, cyclohexanone, and methanol, treatment shall achieve 90% reduction in constituent concentrations as measured in leachate from the treated media, tested according to the TCLP, or 90% reduction in total constituent concentrations, when a metal removal treatment technology is used, except as provided by Subsection R315-268-49(c)(1)(C).
   3. (C) If treatment of any constituent subject to treatment to a 90% reduction standard would result in a concentration less than ten times the universal treatment standard for that constituent, treatment to achieve constituent concentrations less than ten times the universal treatment standard is not required. Universal Treatment Standards are identified in Section R315-268-48 Table UTS.
5. (2) Soils that exhibit the characteristic of ignitability, corrosivity, or reactivity. In addition to the treatment required by Subsection R315-268-49(c)(1), before land disposal, soils that exhibit the characteristic of ignitability, corrosivity, or reactivity shall be treated to eliminate these characteristics.

6. (3) Soils that contain nonanalyzable constituents. In addition to the treatment requirements of Subsections R315-268-49(c)(1) and R315-268-49(c)(2), before land disposal, the following treatment is required for soils that contain nonanalyzable constituents:

   1. (A) for soil that contains only analyzable and nonanalyzable organic constituents, treatment of the analyzable organic constituents to the levels specified in Subsections R315-268-49(c)(1) and R315-268-49(c)(2); or
   2. (B) for soil that contains only nonanalyzable constituents, treatment by the methods specified in Section R315-268-42 for the waste contained in the soil.
   3. (d) Constituents subject to treatment. When applying the soil treatment standards in Subsection R315-268-49(c), constituents subject to treatment are any constituents listed in Section R315-268-48 Table UTS-Universal Treatment Standards that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, zinc, and that are present at concentrations greater than ten times the universal treatment standard. PCBs are not a constituent subject to treatment in any given volume of soil that exhibits the toxicity characteristic solely because of the presence of metals.
   4. (e) Management of treatment residuals. Treatment residuals from treating contaminated soil identified by Subsection R315-268-49(a) as needing to comply with LDRs shall be managed as follows:
7. (1) Soil residuals are subject to the treatment standards of Section R315-268-49.

8. (2) Non-soil residuals are subject to:

   1. (A) for soils contaminated by listed hazardous waste, the hazardous waste standards applicable to the listed hazardous waste; and
   2. (B) for soils that exhibit a characteristic of hazardous waste, if the non-soil residual also exhibits a characteristic of hazardous waste, the treatment standards applicable to the characteristic hazardous waste.

KEY: hazardous waste, land disposal restrictions

Date of Last Change: January 13, 2025

Notice of Continuation: December 11, 2025

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106