Local Enforcement Agency Correspondence

Comments on Proposed Draft Management Standards for Special Waste

Thank you for the opportunity to comment on the May 5, 1998 version of the proposed draft management standards for special waste. We have reviewed the proposed regulations and offer the following comments:

Section 66261.126 allows special waste to be disposed of at a nonhazardous waste landfill provided three specific requirements are met. One of these requirements (a)(1) is that the facility is operated under waste discharge requirements issued by the appropriate Regional Waster Quality Control Board that allows disposal of the special waste.

This section should be amended by adding the following language to the end of 66261.26(a)(1):

After "facility" delete the period and add: ", and operated under a Solid Waste Facilities Permit allowing disposal of special waste which was issued by the Enforcement Agency with jurisdiction over the facility and concurred to by the California Integrated Waste Management Board."

Reason: While section 66261.126(a)(1) is existing law, we feel the recommended language should be added to clarify that the receipt of special waste at a solid waste landfill is dependent on the Solid Waste Facilities Permit allowing this activity. Without this clarification, landfill operators and generators could mistakenly think that no other approvals are necessary to dispose of special waste at a solid waste landfill. In addition to the language recommended above, the Department of Toxic Substances Control (DTSC) may want to add language stating that the disposal of special waste at a solid waste landfill would need to be in conformance with all other applicable permits, including conditional/local use permits and air pollution permits.

Section 66261.126(b) requires the owner and operator of a nonhazardous waste landfill accepting special waste for disposal to comply with all hazardous waste requirements which are not specifically waived by a variance.

This section should be amended to clarify which requirements would apply and would not be eligible for waiver by a variance. We suggest that this include the following requirements:

• Inspection – Clarify what would be inspected and the frequency of inspection at solid waste landfills by DTSC to ensure compliance with proper waste classification and variance conditions.
• Reporting requirements – Clarify what would be reported, to whom, and the frequency of reporting.
• Enforcement – Clarify what activities would be enforced by DTSC.
• Manifest – Clarify the role of the landfill owner and operator in the processing of manifests.
• Payment of land disposal fee requirements – Clarify what fees will be paid by the landfill operator and owner, and to whom. Because of the additional workload resulting from increased operational complexity at landfills receiving special waste, we recommend that a portion of the fee paid for disposal of special waste be directed to the California Integrated Waste Management Board (Board).

Reason: As written Section 66261.126(b) is unclear on which if any of the requirements would apply and which would be waived via a variance. Because special waste is hazardous and should continue to be carefully managed, we recommend that at a minimum the requirements itemized above not be waived by a variance. Instead, all solid waste landfills owners and operators receiving special waste for disposal should fully understand and comply with these requirements.

Section 66261.128 provides that special waste disposal variances issued prior to the effective date of the proposed regulations will remain in effect according to the terms of each variance.

This section should be amended to require DTSC, in consultation with the appropriate Enforcement Agency, to review variances every five years that address ongoing disposal at a solid waste landfill to confirm that site-specific physical or operating conditions of the variance are still valid in protecting human health and safety and the environment.

Reason: Conditions at the landfill can change and the variance needs to address those changes so that the hazardous waste is managed in a manner that is protective of human health and the environment. Also, periodic review will allow variances to keep pace with the latest science as it becomes available. This would include the risk-based system currently being proposed by DTSC.

Section 67900.11(a) no longer requires a hauler of special waste to be registered and certified.

This section should be amended to reinstate the registration and the certification requirements.

Reason: We are concerned that without registration and certification, haulers could mistakenly mishandle special waste, resulting in management problems such as illegal dumping of special waste or disposal at solid waste landfills without a variance. We find that for DTSC to meet its goal of preventing and detecting mismanagement of special waste, registration and certification are critical tools that should be continued.

In addition to the specific amendments recommended above, the Board has additional recommendations related to the variance process that could be addressed by amending the proposed regulations or by means of another vehicle. These are as follows:

• The Board, Enforcement Agencies, State Water Resources Control Board, Regional Water Quality Control Boards, and DTSC should collaborate in the development of an overall variance process.
• The variance process should include early consultation with the Board and appropriate Enforcement Agency so that current conditions and operational activities at a specific landfill are taken into consideration at the time a variance is being considered.
• The collaborated process should include the development of general criteria that would be used by DTSC in determining which landfills can receive hazardous waste, and in the development of model terms and conditions for possible inclusion in the variance.
• The collaborated process should apply to all variances for disposal in a solid waste landfill - fully hazardous as well as special waste.

Thank you again for the opportunity to participate in drafting the proposed management standards for special waste. If you have any questions, please call me at 341-6289, or Bobbie Garcia at 341-6291.

cc: Michael Horner, DTSC

Return to Letter  |  LEA Correspondence Home