If we create a hazardous waste that will not end up in a landfill, but will be discharged through our wastewater treatment system, do we still have to comply with land disposal restrictions (LDRs)?
Yes. The LDR requirements in 40 CFR Part 268 apply to a hazardous waste the moment it is generated. However, if you determine after generating a hazardous waste that it is excluded from the definition of solid waste because it will be discharged to a publicly-owned treatment works (POTW) or discharged in accordance with a Clean Water Act permit (see 40 CFR 261.4(a)), you do not need to treat the waste in accordance with the LDR requirements. You need only document the generation of the waste, the subsequent exclusion from the definition of hazardous waste or solid waste, and the disposition of the waste in your facility’s on-site files [40 CFR 268.7(a)(7)]. Wastes derived from the treatment of this hazardous waste may be hazardous wastes and still be subject to the LDR treatment standards [40 CFR 261.3(c)(2)].
