[Title 40 CFR 264.314]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (Continued)]
[Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES]
[Subpart N - Landfills]
[Sec. 264.314 - Special requirements for bulk and containerized liquids.]
[From the U.S. Government Publishing Office]




  40
  PROTECTION OF ENVIRONMENT
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  1996-07-01
  1996-07-01
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  264.314
  Sec. 264.314
  
    PROTECTION OF ENVIRONMENT
    ENVIRONMENTAL PROTECTION
    SOLID WASTES (Continued)
    STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
    Landfills
  


Sec. 264.314  Special requirements for bulk and containerized liquids.

    (a) Bulk or non-containerized liquid waste or waste containing free 
liquids may be placed in a landfill prior to May 8, 1985 only if:
    (1) The landfill has a liner and leachate collection and removal 
system that meet the requirements of Sec. 264.301(a); or
    (2) Before disposal, the liquid waste or waste containing free 
liquids is treated or stabilized, chemically or physically (e.g., by 
mixing with a sorbent solid), so that free liquids are no longer 
present.
    (b) Effective May 8, 1985, the placement of bulk or non-
containerized liquid hazardous waste or hazardous waste containing free 
liquids (whether or not sorbents have been added) in any landfill is 
prohibited.
    (c) To demonstrate the absence or presence of free liquids in either 
a containerized or a bulk waste, the following test must be used: Method 
9095 (Paint Filter Liquids Test) as described in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter.
    (d) Containers holding free liquids must not be placed in a landfill 
unless:
    (1) All free-standing liquid:
    (i) Has been removed by decanting, or other methods;
    (ii) Has been mixed with sorbent or solidified so that free-standing 
liquid is no longer observed; or

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    (iii) Has been otherwise eliminated; or
    (2) The container is very small, such as an ampule; or
    (3) The container is designed to hold free liquids for use other 
than storage, such as a battery or capacitor; or
    (4) The container is a lab pack as defined in Sec. 264.316 and is 
disposed of in accordance with Sec. 264.316.
    (e) Sorbents used to treat free liquids to be disposed of in 
landfills must be nonbiodegradable. Nonbiodegradable sorbents are: 
materials listed or described in paragraph (e)(1) of this section; 
materials that pass one of the tests in paragraph (e)(2) of this 
section; or materials that are determined by EPA to be nonbiodegradable 
through the part 260 petition process.
    (1) Nonbiodegradable sorbents. (i) Inorganic minerals, other 
inorganic materials, and elemental carbon (e.g., aluminosilicates, 
clays, smectites, Fuller's earth, bentonite, calcium bentonite, 
montmorillonite, calcined montmorillonite, kaolinite, micas (illite), 
vermiculites, zeolites; calcium carbonate (organic free limestone); 
oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; 
perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement 
kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); 
or
    (ii) High molecular weight synthetic polymers (e.g., polyethylene, 
high density polyethylene (HDPE), polypropylene, polystyrene, 
polyurethane, polyacrylate, polynorborene, polyisobutylene, ground 
synthetic rubber, cross-linked allylstyrene and tertiary butyl 
copolymers). This does not include polymers derived from biological 
material or polymers specifically designed to be degradable; or
    (iii) Mixtures of these nonbiodegradable materials.
    (2) Tests for nonbiodegradable sorbents. (i) The sorbent material is 
determined to be nonbiodegradable under ASTM Method G21-70 (1984a)--
Standard Practice for Determining Resistance of Synthetic Polymer 
Materials to Fungi; or
    (ii) The sorbent material is determined to be nonbiodegradable under 
ASTM Method G22-76 (1984b)--Standard Practice for Determining Resistance 
of Plastics to Bacteria; or
    (iii) The sorbent material is determined to be non-biodegradable 
under OECD test 301B: [CO2 Evolution (Modified Sturm Test)].
    (f) Effective November 8, 1985, the placement of any liquid which is 
not a hazardous waste in a landfill is prohibited unless the owner or 
operator of such landfill demonstrates to the Regional Administrator, or 
the Regional Administrator determines, that:
    (1) The only reasonably available alternative to the placement in 
such landfill is placement in a landfill or unlined surface impoundment, 
whether or not permitted or operating under interim status, which 
contains, or may reasonably be anticipated to contain, hazardous waste; 
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 Sec. 144.3 of this chapter.)

[47 FR 32365, July 26, 1982, as amended at 50 FR 18374, Apr. 30, 1985; 
50 FR 28748, July 15, 1985; 57 FR 54460, Nov. 18, 1992; 58 FR 46050, 
Aug. 31, 1993; 60 FR 35705, July 11, 1995]