Current through August 26, 2024
(1) This chapter
identifies hazardous wastes that are restricted from land disposal and defines
those limited circumstances under which an otherwise prohibited waste may
continue to be land disposed.
(2)
Except as specifically provided otherwise in this chapter or ch. NR 661, the
requirements of this chapter apply to persons who generate or transport
hazardous waste and owners and operators of hazardous waste treatment, storage
and disposal facilities.
(3)
Restricted wastes may continue to be land disposed if any of the following
conditions are met:
(a) The EPA administrator
has granted an extension to the effective date of a prohibition under
40 CFR
268.5 with respect to those wastes covered by
the extension.
(b) The EPA
administrator 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.
(c)
Wastes that are hazardous only because they exhibit a hazardous characteristic,
and which are otherwise prohibited under this chapter or 40 CFR part 148 are
not prohibited if the wastes meet all of the following:
1. The wastes are disposed into a
nonhazardous or hazardous injection well as defined under
40 CFR
146.6(a).
2. The wastes at the point of injection do
not exhibit any prohibited characteristic of hazardous waste as identified in
subch. C of ch. NR 661.
(d) The wastes are hazardous only because
they exhibit a hazardous characteristic, unless the wastes are subject to a
specified method of treatment other than DEACT in s.
NR 668.40, or are D003 reactive cyanide and the wastes
meet subds. 1. or 2. or 3. and subd. 4.
1.
The wastes are managed in a treatment system which subsequently discharges to
waters of the state pursuant to a permit issued under ch. 283, Stats.
2. The wastes are treated for purposes of the
pretreatment requirements of ch. 283, Stats.
3. The wastes are managed in a zero discharge
system engaged in CWA-equivalent treatment as defined in s.
NR 668.37.
4.
The wastes no longer exhibit a prohibited characteristic at the point of land
disposal (i.e., placement in a surface
impoundment).
(4) The requirements of this chapter may not
affect the availability of a waiver under
42 USC 9621(d)
(4).
(5) All of the following hazardous wastes are
not subject to this chapter:
(a) Waste
generated by very small quantity generators, as defined in s.
NR 660.10(139).
(b) Waste pesticides that a farmer disposes
of pursuant to s.
NR 662.070.
(c) Wastes identified or listed as hazardous
after November 8, 1984 for which EPA has not promulgated land disposal
prohibitions or treatment standards.
(d) De minimis losses of characteristic
wastes to wastewaters are not considered to be prohibited wastes and are
defined as losses from normal material handling operations (e.g., spills from
the unloading or transfer of materials from bins or other containers, leaks
from pipes, valves or other devices used to transfer materials). The following
are also considered to be de minimus losses: minor leaks of process equipment,
storage tanks or containers; leaks from well-maintained pump packings and
seals; sample purgings; and relief device discharges; discharges from safety
showers and rinsing and cleaning of personal safety equipment; rinsate from
empty containers or from containers that are rendered empty by that rinsing;
and laboratory wastes not exceeding one % of the total flow of wastewater into
the facility's headworks on an annual basis, or with a combined annualized
average concentration not exceeding one part per million in the headworks of
the facility's wastewater treatment or pretreatment facility.
(6) Universal waste handlers and
universal waste transporters, as defined in s.
NR 660.10, are exempt from ss.
NR 668.07 and 668.50 for all of the following hazardous
wastes.
(a) Batteries as described in s.
NR 673.02.
(b) Pesticides as described in s.
NR 673.03.
(c) Mercury-containing equipment as described
in s.
NR 673.04.
(d) Lamps as described in s.
NR 673.05.
