EPA530-R-00-003k
PB2000-104 958
RCRA, SUPERFUND & EPCRA HOTLINE MONTHLY REPORT
November 2000
1. Land Disposal Restrictions Notification Requirements for Contaminated Soil
The May 26,1998 Federal Register (63 FR 28556) promulgated land disposal restrictions
(LDR) treatment standards for hazardous waste contaminated soils. The rule also modified the
LDR notification requirements that apply to contaminated soils. What notification requirements
apply to a generator of soil that does not meet the treatment standard at the original point of
generation? Are the requirements different if the soil meets the treatment standard at the
original point of generation?
A generator of contaminated soil that does not meet the applicable treatment
standard at the original point of generation is subject to the notification requirements of
40 CFR Section 268.7(a)(2). An authorized representative must sign the certification
statement in Section 268.7(a)(2)(i), which states that the soil requires treatment and
identifies whether the soil contains listed waste and/or exhibits a characteristic of
hazardous waste. The notification must include all of the elements in column
268.7(a)(2) of the Generator Paperwork Requirements Table in Section 268.7(a)(4).
A generator of contaminated soil that meets the applicable treatment standard at the
original point of generation is subject to the notification requirements of Section
268.7(a)(3)(ii). An authorized representative must sign the certification statement in the
Generator Paperwork Requirements Table in Section 268.7(a)(4), column Section
268.7(a)(3), which states that the soil meets the applicable treatment standard. The
generator must also include information about whether the soil contains listed waste
and/or still exhibits a characteristic of hazardous waste. This information is required
because soil that meets the applicable treatment standard can still exhibit a
characteristic or contain listed waste (63 FR 28556,28620; May 26,1998).
In both cases, the generator must send a one-time written notice containing the
above information to each treatment or storage facility receiving the soil and place a
copy of the notice in the facility's files. Subsequent notification is required only if the
waste or the facility receiving the waste changes.
RO 14516

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