Wastes Unacceptable for Landfilling

(1) Except as provided in 310 CMR 30.631(3), (4) or (5), the following wastes shall not be disposed of in a landfill: (a) Any sludge or solid containing halogenated organic compounds in a concentration greater than 100 mg/kg; (b) Any waste containing cyanide; (c) Any waste which is acutely hazardous waste pursuant to 310 CMR 30.136. (2) The Department may prohibit the disposal of any hazardous waste in a landfill if it determines that landfilling of such waste may present a hazard to public health, safety or welfare or the environment (e.g., volatile organics). (3) On a case-by-case basis, the Department may waive any provision of 310 CMR 30.631(1) if the Department determines that: (a) The waste cannot be recycled, treated or disposed of by some other means in compliance with 310 CMR 30.000; and (b) The type and volume of waste to be disposed of will not present any significant risk to public health, safety or welfare or the environment. (4) On a case-by-case basis, the Department may waive any provision of 310 CMR 30.631(1) if the waste is a contaminated soil and the Department determines that the requirements set forth in 310 CMR 30.631(3)(a) and (b) are met. (5) On a case-by-case basis, the Department may waive any provision of 310 CMR 30.631(1) if the waste has been absorbed by spill clean-up material and the Department determines that the requirements set forth in 310 CMR 30.631(3)(a) and (b) are met. (6) The Department shall review the feasibility of available hazardous waste management alternatives for all hazardous wastes which the owner or operator proposes to dispose of at the landfill, as stated in the license application pursuant to 310 CMR 30.804(19)(a). The Department shall approve for landfill disposal only those hazardous wastes which cannot be reused, recycled, treated or disposed of by some other means in compliance with 310 CMR 30.000, or which the Department determines cannot be eliminated.