oEPA
              Unittd State*
              Environmental Protection
              Agency
           Off ice of
           Solid Waste and
           Emergency Response
DIRECTIVE NUMBER:  9441.08(83)

TITLE: Leachate from a Municipal Landfill



APPROVAL DATE:  io-2i-83

EFFECTIVE DATE:  10-21-33

ORIGINATING OFFICE:  osw

SPINAL

D DRAFT

  LEVEL OF DRAFT
. , . . . .  i.       •  '   - - .
' ~  D A — Signed by AA or DAA
    D B — Signed by Office Director
-    D C — Review & Comment

REFERENCE (other documents):
  OS WER      OS \NER      OS WER
VE    DIRECTIVE   DIRECTIVE   Dl

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PART 261  SUBPART A - GENERAL
                                                DOC:  9441.08(83)
Key Words:

Regulations:

Subject:

Addressee:


Originator:

Source Doc:

Date:

Summary:
Leachate, Municipal Landfill, Sanitary Landfill

40 CFR Part 261

Leachate from a Municipal Landfill

N. C. Vasuki, General Manager, Delaware Solid Waste Authority,
P.O. Box 455, Dover, Delaware 19903-0455

John H. Skinner, Director, Office of Solid Waste

#9441.08(83)                    .                           .

10-21-83
     Leachate from a municipal landfill is subject to the hazardous waste
regulations if it is hazardous.  Waste is considered hazardous  if  it is  ignit-
able, reactive, corrosive, or toxic.  If the le'achate .is a hazardous waste,the .
landfill becomes a hazardous waste generator and the leachate is subject  to  all
of the hazardous waste regulations unless the landfill qualifies as a small
quantity generator.  Currently a hazardous waste generator producing less than
1000 kg. per month is exempt from most requirements of the hazardous waste
regulations.

     If the leachate is not a hazardous waste, it can be recycled  back into the
landfill.   However, if the leachate is a hazardous waste and does  not qualify
under the small quantity generator exclusion, the leachate must be treated or
disposed of in a permitted hazardous waste facility or discharged  into a  public
sewer system.*
* RCRA amendments (May) require study and regulations to control this:

         -pre-treatment program POTWS

   Note;  Discharge CNPDS) permits may not meet this requirement as  a result.

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                                                               9441.08  (83)
                            OCT 2
>Hr.'  N.Ci;  Vasuki
  General Manager
  Delaware  Solid Waste Authority
  P.O.  nox  455
  Dover, Delaware  19903-0455

  Dear Mr.  Vaaukii

       Thank you for your follow-up letter of September 30 requesting
  clarification of  the news item on leachate that appeared in the
  American  City & County magazine.   Also, please accept my apologies
  for  not responding to your-letter of August 9 that was apparently
  misplaced.         .     '                     •

       The  statement that nppoarcd  in the July, 1983 isaue of
  American  City and County magazine ia correct.  Leachate from a
  Municipal landfill is subject to  the hazardous waste regulations.
  if it is  found to be hazardous by any of the hazardous waste
  criteria.  These  criteria include ignitability/ reactivity/
" corrosivity, and  toxicity.   If the leachate is a hatardous waste
  by any of these definitions,  the  landfill becomes a hazardous
  waste generator and the leachate  is subject to all the hazardous
  waste regulations unless the  landfill can qualify as a small
  quantity  generator.  At the  present tiire, a hazardous waste
  generator producing less than 1000 kg.  per month is exempt from
  most  requirements of "the hazardous waste regulations.

       If the leachate is not  found to be a hazardous waste,  the
  leachate  can continue  to bo recycled back into the landfill.
  However,  if the leachate ia  a hazardous waste and does not qualify
  under the small quantity generator exclusion, the leachate
  must  be treated or disposed'of in a permitted hazardous waste.
  facility  or, as you noted, discharged into a public sewer ..system...

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                                                                * "^
     I hope  thJfc  this  clarifies  this issue  for you.   Once again>;.£
please accept my  apologies  for not  responding earlier.

                                         Sincerely yours,
                                         John  H.  Skinner '
                                            Director     •  ;
                                     Office of  Solid Waste,,
                                                    ». i  . j »ji j
cc:  Thomas P. Eichler
     Region III Administrator
WH-565E:Kent Anderson:pj:S206:382-4654:WSM:10/19/83

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