Current through Register Vol. XLI, No. 37, September 13, 2024
Section 47-35-3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE3.1.40 CFR 261. -- The provisions of 40 CFR part 261 ..are hereby adopted and incorporated by reference with the modifications, exceptions and additions set forth in this section.3.1.a. In order for a mixture of a waste and one or more hazardous wastes identified in 40 CFR §§ 261.3 (a) (2) (iv) to be exempt from the definition of hazardous waste, the owner or operator must comply with the following: 3.1.a.1. Provide a certification in writing to the chief that groundwater monitoring complying with either 40 CFR part 265, subpart F or which is approved by the chief, is or will be in place at the wastewater treatment facility identified in 40 CFR § 261.3 (a) (2) (iv). A time schedule for the installation of such groundwater monitoring must be included. This requirement does not apply to wastewater treatment units or containers.3.1.a.2. Before claiming an exemption, the owner or operator of each wastewater treatment facility receiving mixtures of wastes under 40 CFR § 261.3 (a)(2)(iv) shall notify the chief of the receipt of such wastes on a form prescribed by the chief.3.1.a.3. Annually submit to the chief a list of hazardous wastes that are expected to be present in the mixture to be exempted.3.2. The provisions of 40 CFR § 261.5 (f)(3)(iv) and (g)(3)(iv) are excepted from incorporation by reference. Small quantity generators and conditionally exempt small quantity generators that are in compliance with Appendix 1 of this rule are deemed in compliance with 40 CFR § 261.5 and other requirements of this rule applicable to small quantity and conditionally exempt small quantity generators. Conditionally exempt small quantity generators shall notify the chief of their hazardous waste activity in accordance with Section 4 of this rule.3.3. The provisions of 40 CFR § 261.9 are amended by revising 40 CFR § 261.9 (c)to read as follows: (c) Thermostats and mercury containing lamps as described in 40 CFR § 273.4.