We've made some changes to EPA.gov. If the information you are looking for is not here, you may be able to find it on the EPA Web Archive or the January 19, 2017 Web Snapshot.

EPA's website will operate in a diminished capacity on Saturday Feb 17, 2018 from 8:00 a.m. to noon EST for routine maintenance. Some services, such as search, may be temporarily unavailable for brief periods during this time. We apologize for any inconvenience.

Hazardous Waste

Determination of When Contamination is Caused by a Listed Hazardous Waste

This document is the Title 40 of the Code of Federal Regulations section regarding contamination caused by hazardous wastes. In many cases, a factual determination will be required as to when hazardous wastes were land disposed in order to determine whether they were prohibited at that time and whether, therefore, the prohibition continues to apply to contaminated soil. However, if information is not available it is generally reasonable to assume that contaminated soils do not contain untreated hazardous wastes placed after the effective dates of applicable land disposal prohibitions. This is because placement of untreated hazardous waste after applicable LDR effective dates would be a violation of the Resource Conservation and Recovery Act, subject to significant fines and penalties including criminal sanctions.

You may need Adobe Reader to view files on this page. See EPA’s About PDF page to learn more.