§ 264.272 Treatment demonstration.

(a) For each waste that will be applied to the treatment zone, the owner or operator must demonstrate, prior to application of the waste, that hazardous constituents in the waste can be completely degraded, transformed, or immobilized in the treatment zone. (b) In making this demonstration, the owner or operator may use field tests, laboratory analyses, available data, or, in the case of existing units, operating data. If the owner or operator intends to conduct field tests or laboratory analyses in order to make the demonstration required under paragraph (a) of this section, he must obtain a treatment or disposal permit under § 270.63. The Regional Administrator will specify in this permit the testing, analytical, design, and operating requirements (including the duration of the tests and analyses, and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure and clean-up activities) necessary to meet the requirements in paragraph (c) of this section. (c) Any field test or laboratory analysis conducted in order to make a demonstration under paragraph (a) of this section must: (1) Accurately simulate the characteristics and operating conditions for the proposed land treatment unit including: (i) The characteristics of the waste (including the presence of appendix VIII of part 261 of this chapter constituents); (ii) The climate in the area; (iii) The topography of the surrounding area; (iv) The characteristics of the soil in the treatment zone (including depth); and (v) The operating practices to be used at the unit. (2) Be likely to show that hazardous constituents in the waste to be tested will be completely degraded, transformed, or immobilized in the treatment zone of the proposed land treatment unit; and (3) Be conducted in a manner that protects human health and the environment considering: (i) The characteristics of the waste to be tested; (ii) The operating and monitoring measures taken during the course of the test; (iii) The duration of the test; (iv) The volume of waste used in the test; (v) In the case of field tests, the potential for migration of hazardous constituents to ground water or surface water.