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§ 268.49 Alternative LDR treatment standards for contaminated soil.
(a) Applicability. You must comply with LDRs prior to placing soil that exhibits a characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the time it was generated, into a land disposal unit. The following chart describes whether you must comply with LDRs prior to placing soil contaminated by listed hazardous waste into a land disposal unit:
| If LDRs | And if LDRs | And if | Then you |
|---|---|---|---|
| Applied to the listed waste when it contaminated the soil* | Apply to the listed waste now | Must comply with LDRs | |
| Didn't apply to the listed waste when it contaminated the soil* | Apply to the listed waste now | The soil is determined to contain the listed waste when the soil is first generated | Must comply with LDRs. |
| Didn't apply to the listed waste when it contaminated the soil* | Apply to the listed waste now | The soil is determined not to contain the listed waste when the soil is first generated | Needn't comply with LDRs. |
| Didn't apply to the listed waste when it contaminated the soil* | Don't apply to the listed waste now | Needn't comply with LDRs. |
* For dates of LDR applicability, see 40 CFR Part 268 Appendix VII. To determine the date any given listed hazardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill.