vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
9487.01(85)
TITLE:
'Clarification "on the ..Disposal of Nonhazardous
Liquid Wastewaters and Sludges in Sanitary
Landfills Under RCRA and HSWA '"" '"
APPROVAL DATE: l~22'^
EFFECTIVE DATE: " l~22-*5<
ORIGINATING OFFICE:; of fice- of solid waste
0 FINAL
D DRAFT
STATUS:
OMB app'roval
-AA-OSWER "approval^:
r_ review &/or/commentj^^-
'developmenT'or^circuiating
REFERENCE (other documents)':
headquarters
OSWER OSWER OSWER
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PARTS 264-265 SUBPART N - LANDFILLS
DOC: 9487.01(85)
Key Words:
Regula tions
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summa ry:
Liquids Wastes, Sanitary Landfills, HSWA, Municipal Landfill
40 CFR 257, 264.314, 265.314, 264.301(a)
Clarification on the Disposal of Nonhazardous Liquid Wastewaters
and Sludges in Sanitary Landiflls Under RCRA and HSWA
Kevin Bromberg, Small Business Administration, 1725 I Street, SW,
Washington, DC 20416
John H. Skinner, Director, Office of Solid Waste
#9487.01(85)
1-22-85
40 CFR Part 257 established criteria on performance standards for sanitary
landfills. The owner/operator must determine the specific design and operating
practices needed to meet the criteria. The design and operating practices may
be specified by the State, through State regulations or State issued permits.
Under the recent RCRA Amendments, the Agency must review the adequacy of the
criteria in protecting human health and the environment and make revisions as
necessary. The Amendments do not specifically address the issue of liquids
in sanitary landfills.
The Amendments do, however, specifically adress the placement of non-
hazardous liquids in hazardous waste landfills. Sections 264.314(e) and 265.314(f)
prohibit, effective 11/8/85, the placement of any liquid which is not a hazardous
waste in a landfill, unless the owner or operator of such landfill demonstrates
to the Regional Administrator, or the Regional Administrator determines, that:
1) The only reasonable available alternative to the placement in such
Landfills is placement in a landfill or unli ned surface impoundment,
whether or not permitted or operating under interim status, which
contains, or may reasonably_be anticipated, to contain, hazardous
wastes ; and
2) Placement in such owner or operator's landfill will not present a risk
of contamination of any underground source of drinking water (as that
term is defined in §144.3 of the code of federal regulations.
Future guidance to follow.
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9487.01 (85)
JAN 22 1985
Mr. Kevin Bromb«rg
Small Business Administration
17 25 I Street, S.W.
Washington, D. C. 20416
Dear Mr. Broabergi
I an responding to the December 31, 1984, letter that I
received from Mr. Chuck Marshall^(JACA Corporation) requesting
information on the disposal of nonhazardous liquid wastewaters
and sludges in sanitary landfills under the "old RCRA law" and
"new RCRA law.'
The Federal Government has no specific regulations on the
disposal of bulk or containerized nonhazardous liquids in
sanitary (nonhazardous waste), landfills. The EPA "Criteria" or
guidelines regarding sanitary landfills were issued under
Subtitle D of RCRA on September D , 1979, in 40 CFR Part 257.
These Criteria, in general, establish performance, standards
for sanitary landfills. Specific design and operating practices
needed to meet the performance standards must be determined by
the facility owner or operator and may be specified by the
State through State regulations or State-issued permits.
Restrictions on liquids or certain liquids in landfills may be
needed at specific sites, depending on the facility design and
location, in order to meet the Criteria performance standards.
To get current information on State requirements, you should
check with the State agencies (list of State agencies is
enclosed ).
.Under-.the recent RCRA amendments, EPA is to review the
adequacy of the Criteria in protecting human health and the
.environment and to make revisions as necessary. The RCRA
amendments do not specifically address the issue of liquids at
sanitary landfills.
Regulations regarding the disposal of nonhazardous liquid
wastes at hazardous waste landfills were issued under Subtitle C
ot RCRA in 4 0 CFR 264.314 and 265.314. EPA's current requirement
is that nonhazardous liquids, in a bulk form, cannot be placed
into a hazardous waste landfill unless:
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1) Th« landfill has a synthetic liner and a functioning
leachate collection and removal aystea, as per
S264.30l(a) , or
2 ) Before disposal, the bulk liquids or free liquids
are treated or stabilized so that free liquids are
no longer present.
In regard to the disposal of containerized nonhazardous
liquids in hazardous waste landfills, EPA's current requirement
is that all free-standing liquids aust be removed froa the
container before the waste is placed in the landfill.
The RCRA amendments will change the rules regarding the
disposal of nonhazardous liquids in hazardous waste landfills.
The amendments require that 12 months after enactment
(November 9, 1985), the placement of any liquid that is not
a hazardous waste in a landfill for which a permit is required
under $3005(c) or which is operating pursuant to interim status
granted under S3005(e) is prohibited, unless the owner or
operator demonstrates specific items to the Administrator (see
enclosure).
If you have any further questions concerning this letter,
you nay contact Mr. Paul Cassidy of »y staff at 382-4682.
Sincerely,
John H. Skinner
Director
Office of Solid Waste
Enclosure
cc: Chuck Marshall
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