Does the CERCLA action constitute “placement”?
The LDRs are triggered as applicable requirements by “placement” of restricted RCRA hazardous wastes in land-based units.(1) Placement occurs when wastes are land disposed (or placed) in land-based RCRA units, such as landfills, surface impoundments, waste piles, and land treatment facilities. Placement does not occur if wastes are moved within a unit or are left in place (e.g., capping, in-situ treatment, consolidation within a unit). Placement does occur when wastes are moved from one unit and placed in another unit. For example, if wastes from a CERCLA site are disposed at an off-site landfill, this action constitutes placement. However, the concept of a RCRA unit may be less useful for uncontrolled hazardous waste sites, which often involve widespread and dispersed contamination. Therefore, to assist in defining when placement occurs for on-site disposal at Superfund sites, the Agency has developed the concept of an “area of contamination” (AOC). An AOC is delineated by the extent
