Section 329IAC16-2-49. "Waste determination" defined

   "Waste determination" means the documented process of determining the qualitative and quantitative nature of a particular waste in order to establish the regulatory status of the waste and determine if the waste must be disposed of under the hazardous waste rules at 329 IAC 3.1, the PCB rules at 329 IAC 4.1, or the solid waste rules at 329 IAC 10. The regulatory status may be determined using either generator knowledge or testing by the methods in 40 CFR 261, Subpart C, or equivalent methods approved under 40 CFR 260.21 to ascertain the following:

(1) The waste is a hazardous waste under 40 CFR 262.11 and is regulated under 329 IAC 3.1 because of the following:

(A) The waste is not excluded from regulation under 40 CFR 261.4.

(B) The waste is a listed waste under 40 CFR 261, Subpart D.

(C) The waste exhibits characteristics specified in 40 CFR 261, Subpart C.

(2) The waste contains regulated amounts of PCBs and is regulated under 329 IAC 4.1.

(3) The waste is a solid waste and can be disposed of under 329 IAC 10.

(Solid Waste Management Division; 329 IAC 16-2-49; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA)