[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR268.2]

[Page 134-135]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents
 
                            Subpart A_General
 
Sec. 268.2  Definitions applicable in this part.

    When used in this part the following terms have the meanings given 
below:
    (a) Halogenated organic compounds or HOCs means those compounds 
having a carbon-halogen bond which are listed under appendix III to this 
part.
    (b) Hazardous constituent or constituents means those constituents 
listed in appendix VIII to part 261 of this chapter.
    (c) Land disposal means placement in or on the land, except in a 
corrective action management unit or staging pile, and includes, but is 
not limited to, placement in a landfill, surface impoundment, waste 
pile, injection well, land treatment facility, salt dome formation, salt 
bed formation, underground mine or cave, or placement in a concrete 
vault, or bunker intended for disposal purposes.
    (d) Nonwastewaters are wastes that do not meet the criteria for 
wastewaters in paragraph (f) of this section.
    (e) Polychlorinated biphenyls or PCBs are halogenated organic 
compounds defined in accordance with 40 CFR 761.3.
    (f) Wastewaters are wastes that contain less than 1% by weight total 
organic carbon (TOC) and less than 1% by weight total suspended solids 
(TSS).
    (g) Debris means solid material exceeding a 60 mm particle size that 
is intended for disposal and that is: A manufactured object; or plant or 
animal matter; or natural geologic material. However, the following 
materials are not debris: Any material for which a specific treatment 
standard is provided in Subpart D, Part 268, namely lead acid batteries, 
cadmium batteries, and radioactive lead solids; Process residuals such 
as smelter slag and residues from the treatment of waste, wastewater, 
sludges, or air emission residues; and Intact containers of hazardous 
waste that are not ruptured and that retain at least 75% of their 
original volume. A mixture of debris that has not been treated to the 
standards provided by Sec. 268.45 and other material is subject to 
regulation as debris if the mixture is comprised primarily of debris, by 
volume, based on visual inspection.
    (h) Hazardous debris means debris that contains a hazardous waste 
listed in subpart D of part 261 of this chapter, or that exhibits a 
characteristic of hazardous waste identified in subpart C of part 261 of 
this chapter. Any deliberate mixing of prohibited hazardous waste with 
debris that changes its treatment classification (i.e., from waste to 
hazardous debris) is not allowed under the dilution prohibition in Sec. 
268.3.
    (i) Underlying hazardous constituent means any constituent listed in 
Sec. 268.48, Table UTS--Universal Treatment Standards, except fluoride, 
selenium, sulfides, vanadium, and zinc, which can reasonably be expected 
to be present at the point of generation of the hazardous waste at a 
concentration above the constituent-specific UTS treatment standards.
    (j) Inorganic metal-bearing waste is one for which EPA has 
established treatment standards for metal hazardous constituents, and 
which does not otherwise contain significant organic or cyanide content 
as described in Sec. 268.3(c)(1), and is specifically listed in 
appendix XI of this part.
    (k) Soil means unconsolidated earth material composing the 
superficial geologic strata (material overlying bedrock), consisting of 
clay, silt, sand, or gravel size particles as classified by the U.S. 
Natural Resources Conservation Service, or a mixture of such materials 
with liquids, sludges or solids which is inseparable by simple 
mechanical removal processes and is made up primarily of soil by volume 
based on visual inspection. Any deliberate mixing of prohibited 
hazardous waste with

[[Page 135]]

soil that changes its treatment classification (i.e., from waste to 
contaminated soil) is not allowed under the dilution prohibition in 
Sec. 268.3.

[55 FR 22686, June 1, 1990, as amended at 56 FR 3877, Jan. 31, 1991; 57 
FR 37270, Aug. 18, 1992; 58 FR 8685, Feb. 16, 1993; 58 FR 29884, May 24, 
1993; 59 FR 48043, Sept. 19, 1994; 60 FR 244, Jan. 3, 1995; 61 FR 15597, 
15662, Apr. 8, 1996; 61 FR 33682, June 28, 1996; 63 FR 28639, May 26, 
1998; 63 FR 65940, Nov. 30, 1998; 64 FR 25414, May 11, 1999]