Section 20-4202. PROHIBITIONS SPECIFIC TO THE DISTRICT OF COLUMBIA

 

4202.1Except as provided in 20 DCMR § 4202.4, the prohibitions in this section supersede any provision to the contrary in the RCRA regulations, 40 CFR Parts 124, 260 through 266, 268, 270, 273, and 279, incorporated by reference in 20 DCMR §§ 4260 through 4279.

 

4202.2No person may dispose of, or permit or cause the disposal of, any hazardous waste, mixture of hazardous waste and any other constituent, used oil, or mixture of used oil and any other constituent into or upon any land or water, including groundwater, in the District of Columbia, nor into the District's wastewater system or storm water system, except in accordance with the Hazardous Waste Management Regulations, 20 DCMR chapters 42 and 43, and the terms and conditions of any permit or approval issued by the District for the activity, facility, or site.

 

4202.3The following activities are prohibited in the District of Columbia:

 

(a)Use of a surface impoundment to treat, store, or dispose of a hazardous waste or used oil;

 

(b)Use of waste piles to treat, store, or dispose of hazardous waste or used oil;

 

(c)Use of land treatment to manage or dispose of hazardous waste;

 

(d)Disposal of hazardous waste in landfills;

 

(e)Land disposal of hazardous waste or any mixture of hazardous waste and any other constituent, whether hazardous or not;

 

(f)Use of used oil for dust suppression;

 

(g)Use of waste or other material, contaminated or mixed with dioxin or any other hazardous waste, for dust suppression or road treatment;

 

(h)Burning, processing, or incineration of hazardous waste, hazardous waste fuels, or mixtures of hazardous wastes and other materials in any type of incinerator, boiler, or industrial furnace;

 

(i)Burning of used oil, whether on-specification or off-specification, including burning in space heaters and burning incidental to processing;

 

(j)Burning of wastes that meet the comparable fuel or synthesis gas (syngas) fuel specifications in 40 CFR § 261.38;

 

(k)Underground injection of hazardous waste; and

 

(l)Acceptance of hazardous waste at a solid waste facility, as defined in § 2 of the Solid Waste Facility Permit Act of 1995, effective February 27, 1996, as amended (D.C. Law 11-94; D.C. Official Code § 8-1051(12) (2001)).

 

4202.4Notwithstanding the prohibition in 20 DCMR § 4202.3(d) on the disposal of hazardous waste in landfills, hazardous waste management units that are unable to achieve clean closure shall be considered to be landfills and subject to the closure, post-closure, and financial assurance requirements for landfills, as specified in the RCRA regulations applicable to the unit in question.

 

source

Final Rulemaking published at 52 DCR 9653 (October 28, 2005).