(A) Hazardous waste determination. The Health Department shall find a waste to be hazardous if the waste:
(1) Presents an immediate or persistent hazard to man or wildlife;
(2) Is resistant to natural degradation or detoxification; or
(3) Is bioconcentrative, flammable, reactive, toxic, corrosive or infectious in addition to any other harmful characteristic.
(B) Designated hazardous waste. The Health Department shall designate as hazardous waste the following:
(1) Any waste which when submitted to the extraction procedure set forth in 40 C.F.R. part 261, Appendix II, produces an extract that contains a substance at a concentration that is ten times higher than the concentration of that substance permitted in drinking water used for human consumption by federal regulation (40 C.F.R. part 141, subpart B) or state regulation.
(2) Any waste which:
(a) Is generated at a municipal sewage treatment plant that does not have in place a pretreatment program in accordance with 40 C.F.R. part 403;
(b) Contains polychlorinated biphenyls (PCBs) on a dry-weight basis at a concentration of ten mg/kg (parts-per-million or ppm) or higher;
(c) Contains on a dry-weight basis more than:
1. Five hundred ppm lead;
2. Five hundred ppm chromium (total); or
3. One hundred ppm cadmium.
(d) Contains less than 30% solids; or
(e) Poses a risk to the public health because of the pathogens present in the waste.
(3) Any leachate from a facility if hazardous waste is treated, stored or disposed of in the facility.
(C) Hazardous waste list. The Health Department, no later than 30 days after the effective date of this subchapter, shall compile and maintain and thereafter semi-annually update a listing of wastes which have been determined to be hazardous:
(1) As provided for in divisions (A) and (B) above;
(2) By regulation of the United States Environmental Protection Agency; or
(3) By regulation of the Indiana Environmental Management Board.
(Ord. 81-3, passed 3-1-1982)