Exemptions

An owner or operator may be exempt from certain rules that apply to solid waste management facilities, if their situation protects the water supply. For example, owners or operators may be exempt in the following situations that protect the water supply:

• Their facility is an engineered structure.
• Their facility does not receive or contain liquid waste, or waste that contains free liquids.
• Their facility is designed and operated to exclude liquids, precipitation, and liquid run-off.
• Their facility has both inner and outer layers of containment that enclose the waste.
• Their facility has a leak detection system built into each containment layer.
• The owner or operator provides continuing operation and maintenance of leak detection systems throughout the active life of the unit, and during closure and post-closure care periods.
• The owner or operator, to a reasonable degree of certainty, will prevent hazardous constituents from migrating beyond the outer containment layer throughout the lifetime of the unit and through post-closure care.

To learn more about RCRA visit our RCRA Hazardous Waste Safety Online Training web page.