NR 668.07(4)(c)2.2. The owner or operator of the treatment facility shall keep records of any data or information the treatment facility obtains during treatment of the debris that identifies key operating parameters of the treatment unit. NR 668.07(4)(c)3.3. For each shipment of treated debris, a certification of compliance with the treatment standards shall be signed by an authorized representative and placed in the facility’s files. The certification shall state the following: “I certify under penalty of law that the debris has been treated in accordance with the requirements of s. NR 668.45. I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment.” NR 668.07(5)(5) If the department determines that a contaminated soil subject to LDRs as provided in s. NR 668.49 (1) no longer contains a listed hazardous waste, or if a generator or treater determines that a contaminated soil subject to LDRs as provided in s. NR 668.49 (1) no longer exhibits a characteristic of hazardous waste, then the generator or treater shall meet all of the following conditions: NR 668.07(5)(a)(a) Prepare a one-time only documentation of these determinations including all supporting information. NR 668.07(5)(b)(b) Maintain that information in the facility files and other records for a minimum of 3 years. NR 668.07 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) (a), (b), (c) 1., (d), (2) (f) Register July 2017 No. 739, eff. 8-1-17; correction in (1) (a) made under s. 35.17, Stats., Register July 2017 No. 739; CR 19-082: am. (title), (1) (intro.), (c) 3., (d) Table, (e), (g), (h), (2) (c) 2., (d) 2. , r. and recr. (2) (f), am. (4) (intro.), (a) 3., (b), and (c) (intro.) Register August 2020 No. 776, eff. 9-1-20; correction in (1) (e), (2) (Table) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (1) (j), (2) (f) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 668.09NR 668.09 Special rules regarding wastes that exhibit a characteristic. NR 668.09(1)(1) The initial generator of a solid waste shall determine each EPA hazardous waste number (waste code) applicable to the waste to determine the applicable treatment standards under subch. D. This determination may be made concurrently with the hazardous waste determination required in s. NR 662.011. For purposes of this chapter, the waste will carry the waste code for any applicable listed waste (subch. D of ch. NR 661). In addition, where the waste exhibits a characteristic, the waste will carry one or more of the characteristic waste codes (subch. C of ch. NR 661), except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in sub. (2). If the generator determines that their waste displays a hazardous characteristic, and is not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM under s. NR 668.42, Table 1, then the generator shall determine the underlying hazardous constituents, as defined by s. NR 668.02 (9), in the characteristic waste. NR 668.09(2)(2) Where a prohibited waste is both listed under subch. D of ch. NR 661 and exhibits a characteristic under subch. C of ch. NR 661, the treatment standard for the waste code listed in subch. D of ch. NR 661 will operate in lieu of the standard for the waste code under subch. C of ch. NR 661, if the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste shall meet the treatment standards for all applicable listed and characteristic waste codes. NR 668.09(3)(3) In addition to any applicable standards determined from the initial point of generation, no prohibited waste that exhibits a characteristic under subch. C of ch. NR 661 may be land disposed unless the waste complies with the treatment standards under subch. D. NR 668.09(4)(4) Wastes that exhibit a characteristic are also subject to s. NR 668.07, except that once the waste is no longer hazardous, a one-time notification and certification shall be placed in the generator’s or treater’s on-site files. The notification and certification that is placed in the generator’s or treater’s files shall be updated if the process or operation generating the waste changes or if the approved facility for solid waste disposal receiving the waste changes. NR 668.09(4)(a)(a) The notification shall include all of the following information: NR 668.09(4)(a)1.1. Name and address of the approved facility for solid waste disposal which is receiving the waste shipment. NR 668.09(4)(a)2.2. A description of the waste as initially generated, including the applicable EPA hazardous waste code or codes, treatability group or groups, and underlying hazardous constituents, as defined in s. NR 668.02 (9), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice. NR 668.09(4)(b)(b) The certification shall be signed by an authorized representative and shall include the language in s. NR 668.07 (2) (d). If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification in s. NR 668.07 (2) (d) 4. applies. NR 668.09 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1), (4) (intro.), Register July 2017 No. 739, eff. 8-1-17. subch. B of ch. NR 668Subchapter B — Schedule for Land Disposal Prohibition and Establishment of Treatment Standards NR 668.14NR 668.14 Surface impoundment exemptions. NR 668.14(1)(1) This section defines additional circumstances under which an otherwise prohibited waste may continue to be placed in a surface impoundment. NR 668.14(2)(2) Wastes which are newly identified or listed under 42 USC 6921 after November 8, 1984, and stored in a surface impoundment that is newly subject to ch. 291, Stats., and chs. NR 660 to 673 as a result of the additional identification or listing, may continue to be stored in the surface impoundment for 48 months after the promulgation of the additional listing or characteristic, not withstanding that the waste is otherwise prohibited from land disposal, if the surface impoundment is in compliance with the requirements of subch. F of ch. NR 665 within 12 months after promulgation of the new listing or characteristic. NR 668.14(3)(3) Wastes which are newly identified or listed under 42 USC 6921 after November 8, 1984, and treated in a surface impoundment that is newly subject to ch. 291, Stats., and chs. NR 660 to 673 as a result of the additional identification or listing, may continue to be treated in that surface impoundment, not withstanding that the waste is otherwise prohibited from land disposal, if the surface impoundment is in compliance with subch. F of ch. NR 665 within 12 months after the promulgation of the new listing or characteristic. In addition, if the surface impoundment continues to treat hazardous waste after 48 months from promulgation of the additional listing or characteristic, it must then be in compliance with s. NR 668.04. NR 668.14 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 668.20NR 668.20 Waste specific prohibitions – Dyes or pigments production wastes. NR 668.20(1)(1) Effective August 23, 2005, the waste specified in ch. NR 661 and 40 CFR part 261 as hazardous waste number K181, and soil and debris contaminated with this waste, radioactive wastes mixed with this waste and soil and debris contaminated with radioactive wastes mixed with this waste are prohibited from land disposal. NR 668.20(2)(b)(b) The facility has been granted an exemption from a prohibition pursuant to a petition under s. NR 668.06, with respect to those wastes and units covered by the petition. NR 668.20(2)(c)(c) The wastes meet the applicable treatment standards established pursuant to a petition granted under s. NR 668.44. NR 668.20(2)(e)(e) The facility has been granted an extension to the effective date of a prohibition pursuant to s. NR 668.05, with respect to these wastes covered by the extension. NR 668.20(3)(3) To determine whether a hazardous waste identified in this subsection exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract of the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable subch. D of ch. NR 668 levels, the waste is prohibited from land disposal, and all requirements of ch. NR 668 are applicable, except as otherwise specified. NR 668.20 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) (a) to (e), (3) made under s. 35.17, Stats., Register July 2017 No. 739. NR 668.30NR 668.30 Waste specific prohibitions — wood preserving wastes. NR 668.30(1)(1) Effective August 11, 1997, the wastes specified in ch. NR 661 as EPA Hazardous Waste numbers F032, F034, and F035 are prohibited from land disposal. NR 668.30(2)(2) Effective May 12, 1999, soil and debris contaminated with F032, F034, F035; and radioactive wastes mixed with EPA Hazardous waste numbers F032, F034, and F035 are prohibited from land disposal. NR 668.30(3)(3) Between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034, F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in a landfill or surface impoundment only if the unit is in compliance with the requirements specified in 40 CFR 268.5(h)(2). NR 668.30(4)(4) The requirements of sub. (1) and (2) do not apply if any of the following conditions are met: NR 668.30(4)(a)(a) The wastes meet the applicable treatment standards specified in subch. D. NR 668.30(4)(b)(b) Persons have been granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition. NR 668.30(4)(d)(d) Persons have been granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to those wastes covered by the extension. NR 668.30(5)(5) To determine whether a hazardous waste identified in this chapter exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable universal treatment standard levels of s. NR 668.48, the waste is prohibited from land disposal, and all requirements of ch. NR 668 are applicable, except as otherwise specified. NR 668.30 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (4) (c) Register July 2017 No. 739, eff. 8-1-17. NR 668.31NR 668.31 Waste specific prohibitions — dioxin-containing wastes. NR 668.31(1)(1) Effective November 8, 1988, the dioxin-containing wastes specified in s. NR 661.0031 as EPA hazardous waste numbers F020, F02l, F022, F023, F026, F027, and F028, are prohibited from land disposal, unless the F020 to F023 and F026 to F028 dioxin-containing waste is contaminated soil and debris resulting from a response action taken under 42 USC 9604 or 9606 or a corrective action taken under ch. 292, Stats. NR 668.31(2)(2) Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-containing wastes listed in sub. (1) are prohibited from land disposal. NR 668.31(3)(3) Between November 8, 1988, and November 8, 1990, wastes included in sub. (1) may be disposed in a landfill or surface impoundment only if the unit complies with 40 CFR 268.5(h)(2) and all other applicable requirements of chs. NR 664 and 665. NR 668.31(4)(4) The requirements of subs. (1) and (2) do not apply if any of the following conditions are met: NR 668.31(4)(b)(b) Persons have been granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition. NR 668.31(4)(c)(c) Persons have been granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to those wastes covered by the extension. NR 668.32NR 668.32 Waste specific prohibitions — soils exhibiting the toxicity characteristic for metals and containing PCBs. NR 668.32(1)(1) Effective December 26, 2000, any volumes of soil exhibiting the toxicity characteristic solely because of the presence of metals (D004 to D011) and containing PCBs, are prohibited from land disposal. NR 668.32(2)(2) The requirements of sub. (1) do not apply if any of the following conditions are met: NR 668.32(2)(a)(a) The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg and meet the treatment standards specified in subch. D for EPA hazardous waste numbers D004 to D011, as applicable. NR 668.32(2)(b)(b) The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg and meet the alternative treatment standards specified in s. NR 668.49 for contaminated soil. NR 668.32(2)(c)(c) Persons have been granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition. NR 668.32 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) (d) Register July 2017 No. 739, eff. 8-1-17. NR 668.33NR 668.33 Waste specific prohibitions — chlorinated aliphatic wastes. NR 668.33(1)(1) Effective May 8, 2001, the wastes specified in ch. NR 661 as EPA hazardous wastes numbers K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal. NR 668.33(2)(2) The requirements of sub. (1) do not apply if any of the following conditions are met: NR 668.33(2)(a)(a) The wastes meet the applicable treatment standards specified in subch. D. NR 668.33(2)(b)(b) Persons have been granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition. NR 668.33(2)(e)(e) Persons have been granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to these wastes covered by the extension. NR 668.33(3)(3) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable levels of subch. D, the waste is prohibited from land disposal, and all requirements of ch. NR 668 are applicable, except as otherwise specified. NR 668.33(4)(4) Disposal of K175 wastes which comply with all applicable s. NR 668.40 treatment standards shall also be macroencapsulated in accordance with s. NR 668.45, Table 1 unless one of the following conditions is met: NR 668.33(4)(a)(a) The waste is placed in a hazardous waste monofill which meets the requirements of ch. 291, Stats., and chs. NR 660 to 673. The monofill shall contain only K175 wastes that meet all applicable s. NR 668.40 treatment standards. NR 668.33(4)(b)(b) The waste is placed in a dedicated hazardous waste landfill cell which meets the requirements of ch. 291, Stats., and chs. NR 660 to 673 and in which all other wastes being co-disposed are at pH=6.0. NR 668.33 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) (c) Register July 2017 No. 739, eff. 8-1-17. NR 668.34NR 668.34 Waste specific prohibitions — toxicity characteristic metal wastes. NR 668.34(1)(1) Effective August 24, 1998, the newly identified wastes specified in ch. NR 661 as EPA hazardous waste numbers D004 to D011 (i.e. wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure), and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specifications at ch. NR 661are prohibited from land disposal. NR 668.34(2)(2) Effective November 26, 1998, slag from secondary lead smelting which exhibits the toxicity characteristic due to the presence of one or more metals is prohibited from land disposal. NR 668.34(3)(3) Effective May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with newly identified wastes specified in EPA hazardous waste numbers D004 to D011 (i.e., wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure); or mixed with newly identified characteristic mineral processing wastes, soil, or debris are prohibited from land disposal. NR 668.34(4)(4) Between May 26, 1998 and May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing, radioactive waste mixed with D004 to D011 wastes that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure), or mixed with newly identified characteristic mineral processing wastes, soil, or debris may be disposed in a landfill or surface impoundment only if the unit is in compliance with 40 CFR 268.5(h). NR 668.34(5)(a)(a) The wastes meet the applicable treatment standards specified in subch. D. NR 668.34(5)(b)(b) EPA has granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition. NR 668.34(5)(c)(c) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under 40 CFR 268.44. NR 668.34(5)(d)(d) EPA has granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to these wastes covered by the extension. NR 668.34(6)(6) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentration in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents (including underlying hazardous constituents in characteristic wastes) in excess of the applicable universal treatment standard levels of s. NR 668.48, then the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified. NR 668.34 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 668.35NR 668.35 Waste specific prohibitions — petroleum refining wastes. NR 668.35(1)(1) Effective February 8, 1999, wastes specified in ch. NR 661 as EPA hazardous waste numbers K169, K170, K171, and K172, soils and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soils and debris contaminated with these radioactive mixed wastes are prohibited from land disposal. NR 668.35(2)(2) The requirements of sub. (1) do not apply if any of the following conditions are met:
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