Frequent Questions

Is contaminated soil that fails the Toxicity Characteristic Leaching Procedure (TCLP) for arsenic (D004) and contains various underlying hazardous constituents subject to the land disposal restrictions (LDR) requirements when disposed?

The LDR requirements would apply to the contaminated soil. Although farmers may dispose of their waste pesticides in accordance with the standards in Section 262.70, the exemption from RCRA management standards does not extend to contaminated soils that are later excavated and remediated. The disposal of contaminated soil excavated from farmland is not analogous to the disposal of waste pesticides and is not within the scope of the Section 262.70 exemption. Since the disposal of the excavated soil contaminated with arsenic is not covered by the farmer exemption, the hazardous soil would have to meet all applicable LDR requirements before it is land disposed (Section 268.49(a)).

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