310 CMR, § 30.653

Current through Register 1536, December 6, 2024
Section 30.653 - Treatment Demonstration
(1) For each waste that the owner or operator intends to apply to the treatment zone, the owner or operator shall demonstrate, prior to application of the waste to the treatment zone, that hazardous constituents in the waste can be completely degraded, transformed, or immobilized in the treatment zone.
(2) In making the demonstration required by 310 CMR 30.653(1), the owner or operator shall use field tests. Laboratory analyses and analysis of other available data may be used only as a supplement to field testing and may not be used in lieu of field testing. Before making the demonstration required by 310 CMR 30.653(1), the owner or operator shall obtain a treatment and disposal license pursuant to 310 CMR 30.800. The Department shall specify in the license the testing, analytical, design and operating requirements (including, but not limited to, the duration of the tests and analyses, and in the case of field tests, the horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure and cleanup activities) necessary to meet the requirements of 310 CMR 30.653(3).
(3) Each field test and laboratory analysis conducted in order to make a demonstration pursuant to 310 CMR 30.653(1) shall:
(a) Accurately simulate the characteristics and operating conditions for the proposed land treatment unit including:
1. The properties of the waste including, but not limited to, the presence of constituents identified in 310 CMR 30.160;
2. The climate in the area;
3. The topography of the surrounding area;
4. The characteristics of the soil in the treatment zone (including but not limited to soil depth and texture, and cation exchange capacity); and
5. The operating practices to be used at the unit;
(b) Show that hazardous constituents in the waste to be tested will be completely degraded, transformed or immobilized in the treatment zone of the proposed land treatment unit; and
(c) Be conducted in a manner that protects public health, safety, and welfare and the environment, considering;
1. The properties of the hazardous waste to be tested;
2. The operating and monitoring measures to be taken during the course of the test;
3. The duration of the test;
4. The volume of hazardous waste used in the test; and
5. In the case of field tests, the potential for migration of hazardous constituents to groundwater or surface water.
(4) When the owner or operator has completed the treatment demonstration, he shall submit to the Department a certification, signed by a person authorized to sign a license application or report pursuant to 310 CMR 30.807, that the field tests and laboratory tests have been carried out in accordance with the conditions specified in the land treatment demonstration license for conducting such tests or analyses. The owner or operator shall also submit all data collected during the field tests and laboratory analyses within 90 days of completion of those tests and analyses unless the Department approves a later date.

310 CMR, § 30.653