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STATE OF CALIFORNIA GEORGE DEUKMEJIAN,Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD— CENTRAL VALLEY REGION 3443 ROUTIER ROAD SACRAMENTO,CA 95827-3098 DATE: 3 November 1988 (revised 30 March 1989) TO: Owners and Operators of Class Ell Landfill Units RE: WASTES ACCEPTABLE FOR DISCHARGE TO CLASS III LANDFILLS The Regional Board receives frequent requests from owners and operators of waste management facilities for approval to discharge various non-typical wastes to their Class III landfill unit(s) (Class 11-2 landfills under the pre-November 1984 classification system). The purpose of this letter is to clarify the procedures for determining whether wastes are appropriate for discharge to such waste management units in a manner consistent with Title 23 of the California Code of Regulations (CCR), Chapter 3, Subchapter 15,"Discharges of Waste to Land"(Subchapter 15) and with your Waste Discharge Requirements (WDRs). Your WDRs specify the types of waste acceptable for discharge to the various waste management units at your facility. Your WDRs also prohibit certain types of waste from being discharged to these units. In general, any waste which is specifically permitted by your WDRs for discharge to Class III landfill unit(s) at your facility may be accepted by you for such discharge. In some cases, your WDRs may not be sufficiently specific for you to be able to readily determine that a particular waste is appropriate for discharge to your Class III landfill unit(s). In these cases,Subchapter 15 should be consulted. In accordance with the requirements of Subchapter 15, wastes appropriate for discharge to Class III landfill units are 'nonhazardous solid wastes' and 'inert wastes'. The discharge of'hazardous waste' and 'designated waste' to Class III landfill units is prohibited by these regulations. Therefore, you must determine that wastes to be discharged to these units are either 'nonhazardous solid wastes' or 'inert wastes' and are neither 'hazardous wastes' nor 'designated wastes'. The attachment"Typical Wastes Acceptable at Class III Landfills"specifies wastes that are generally considered to be 'nonhazardous solid wastes' and 'inert wastes' acceptable for discharge to Class III landfill units. Any waste listed either on this attachment or specified in your WDRs as acceptable for discharge to Class III landfill unit(s) at your facility may be accepted for such discharge. All other wastes are generally assumed by the Regional Board to fall into the `hazardous waste' or 'designated waste' categories. Wastes that appear not to fit the descriptions in the attachment"Typical Wastes Acceptable at Class III Landfills"and which are not specifically permitted by your WDRs may be accepted only if they are shown to be either'nonhazardous solid wastes' or 'inert wastes' under Subchapter 15 (i.e., they are not either 'hazardous wastes' or 'designated wastes'). If you wish to accept such wastes for discharge to your Class III landfill unit(s),you have the burden to demonstrate to the Regional Board that the discharge of such waste is consistent with your WDRs and with Subchapter 15,including the prohibition against the discharge of'hazardous waste' and `designated waste' to Class III landfill units. This may be accomplished by following the procedures discussed below. Initially you must require the waste generator to provide sufficient representative analytical data for you to make the determination that the waste is indeed not 'hazardous', as determined by criteria specified in Chapter 30 of Tide 22 of the CCR. A formal determination by the California Department of Health Services that the waste is not hazardous could be used in place of this otherwise required analytical data.