(1) Generators and
pharmaceutical reverse distributors shall comply with all of the following
requirements:
(a) A generator of hazardous
waste shall determine if the hazardous waste shall be treated before it can be
land disposed. This determination shall be done by determining if the hazardous
waste meets the treatment standards in s.
NR 668.40, 668.45, or 668.49. This determination shall be
made by testing the waste or using knowledge of the waste. If the generator
tests the waste, testing should determine the total concentration of hazardous
constituents, or the concentration of hazardous constituents in an extract of
the waste obtained using test method 1311 in "Test Methods of Evaluating Solid
Waste, Physical/Chemical Methods", EPA SW-846, incorporated by reference in s.
NR 660.11, depending on whether the treatment standard
for the waste is expressed as a total concentration or a concentration of
hazardous constituent in the waste's extract. As an alternative to the
generator determining if the hazardous waste is required to be treated before
it can be land disposed, the generator shall send the waste to a RCRA licensed
or permitted hazardous waste treatment facility, where the waste treatment
facility shall comply with the requirements of sub. (2) and s.
NR 664.0013. In addition, some hazardous wastes shall be
treated by particular treatment methods before they can be land disposed and
some soils are contaminated by such hazardous wastes. These treatment standards
are also found in s.
NR 668.40 and are described in detail in s.
NR 668.42, Table 1. It is not necessary to test hazardous
waste, or soil contaminated by hazardous waste, which is treated under ss.
NR 668.40 and 668.42, Table 1, unless the waste or soil
is in a waste mixture, in which case the other wastes in the mixture with
concentration level treatment standards shall be tested. If a generator is
managing a waste or soil contaminated with a waste, that displays a hazardous
characteristic of ignitability, corrosivity, reactivity, or toxicity, the
generator shall comply with the special requirements of s.
NR 668.09 in addition to any applicable requirements in
this section.
(b) If the waste or
contaminated soil does not meet the applicable treatment standards or if the
generator chooses not to make the determination of whether the waste is
required to be treated, the generator shall send a one-time written notice to
each treatment or storage facility receiving the waste with the initial waste
shipment, and shall place a copy in the generator's file. The notice shall
include the information in column "668.07 (1) (b)" of the Generator Paperwork
Requirements Table in par. (d). Alternatively, if the generator chooses not to
make the determination of whether the waste is required to be treated, the
notification shall include the EPA Hazardous Waste Numbers and Manifest Number
of the first shipment and shall state "This hazardous waste may or may not be
subject to the LDR treatment standards. The treatment facility shall make the
determination." No further notification is necessary until the waste or
facility change, in which case a new notification shall be sent and a copy
placed in the generator's file.
(c)
If the waste or contaminated soil meets the treatment standard at the original
point of generation:, then generators shall meet all of the following
conditions:
1. The generator shall send a
one-time written notice to each treatment, storage, or disposal facility
receiving the waste with the initial waste shipment, and place a copy in the
generator's file. The notice shall include the information in column "668.07
(1) (c)" of the Generator Paperwork Requirements Table in par. (d) and the
following certification statement, signed by an authorized representative:
I certify under penalty of law that I personally have
examined and am familiar with the waste through analysis and testing or through
knowledge of the waste to support this certification that the waste complies
with the treatment standards specified in subch. D of ch. NR 668 [or 40 CFR 268
]. I believe that the information I submitted is true, accurate, and complete.
I am aware that there are significant penalties for submitting a false
certification, including the possibility of a fine and
imprisonment.
2. If the
generator ships contaminated soil, then with the initial waste shipment, the
generator shall send a one-time written notice to each treatment, storage or
disposal facility receiving the contaminated soil and place a copy in the
generator's file. The notice shall include the information in column "668.07
(1) (c)" of the Generator Paperwork Requirements Table in par. (d).
3. If the waste changes, the generator shall
send a new notice and certification to the receiving facility, and place a copy
in the generator's file. Generators of hazardous debris excluded from the
definition of hazardous waste under s.
NR 661.0003(6) are not subject to these
requirements.
(d) If the
generator's waste or contaminated soil is not required to meet treatment
standards before it is land disposed because the waste or soil qualifies for an
exemption, including but not limited to case-by-case extensions under
40 CFR
268.5, disposal in a no-migration unit under
40
CFR 268.6, or a national capacity variance or
case-by-case capacity variance under subch. C, then with the initial shipment
of waste, the generator shall send a one-time written notice to each land
disposal facility receiving the waste. The notice shall include the information
indicated in column "s. NR 668.07 (1) (d)" of the Generator Paperwork
Requirements Table in this paragraph. If the waste changes, the generator shall
send a new notice to the receiving facility, and place a copy in the
generator's file.
Generator Paperwork Requirements Table
|
Required information
|
s. NR668.07 (1)(b)
|
s. NR668.07 (1)(c) |
s. NR668.07 (1)(d) |
s. NR668.07 (1)(i) |
|
1. EPA hazardous waste numbers and manifest
number of first shipment
|
[TICK]
|
[TICK] |
[TICK] |
[TICK] |
|
2. Statement: this waste is not prohibited from
land disposal
|
[TICK] |
|
3. The waste is subject to the LDRs. The
constituents of concern for F001-F005, and F039, andunderlying hazardous
constituents in characteristic wastes, unless the waste will be treated
andmonitored for all constituents. If all constituents will be treated and
monitored, there is no need toput them all on the LDR notice
|
[TICK]
|
[TICK] |
|
4. The notice must include the applicable
wastewater/ nonwastewater category (see s.
NR 668.02(4) and (6)) and subcategories
made within a waste code based on waste-specific criteria (such asD003 reactive
cyanide)
|
[TICK]
|
[TICK] |
|
5. Waste analysis data (when available)
|
[TICK]
|
[TICK]
|
[TICK] |
|
6. Date the waste is subject to the
prohibition
|
[TICK] |
|
7. For hazardous debris, when treating with the
alternative treatment technologies provided by s.NR 668.45: the contaminants
subject to treatment, as described in s.
NR 668.45(2); and an indica-tion that
these contaminants are being treated to comply with s.
NR 668.45
|
[TICK] |
[TICK] |
|
8. For contaminated soil subject to LDRs as
provided in s.
NR 668.49(1), the constituents subject
to treatment as described in s.
NR 668.49(4), and the following
statement: This contaminated soil[does/does not] contain listed hazardous waste
and [does/does not] exhibit a characteristic of haz-ardous waste and [is
subject to/complies with the soil treatment standards as provided by s.
NR668.49 (3) or the universal treatment standards |
[TICK] |
[TICK] |
|
9. A certification is needed (see applicable
section for exact wording) |
[TICK] |
[TICK] |
(e)
If a generator is managing and treating prohibited waste or contaminated soil
in tanks, containers or containment buildings regulated under ss.
NR 662.015, 662.016, and 662.017 to meet applicable LDR
treatment standards found at s.
NR 668.40, the generator shall develop and follow a
written waste analysis plan which describes the procedures they will carry out
to comply with the treatment standards. Generators treating hazardous debris
under the alternative treatment standards of s.
NR 668.45, Table 1, however, are not subject to the waste
analysis requirements in this section. The plan shall be kept on site in the
generator's records, and all of the following requirements shall be met:
1. The waste analysis plan shall be based on
a detailed chemical and physical analysis of a representative sample of the
prohibited waste being treated, and contain all information necessary to treat
the waste in accordance with the requirements of this chapter, including the
selected testing frequency.
2. The
plan shall be kept in the facility's on-site files and made available to
inspectors.
3. Wastes shipped
off-site pursuant to this subsection shall comply with the notification
requirements of par. (c).
(f) If a generator determines that the waste
or contaminated soil is restricted based solely on the generator's knowledge of
the waste, all supporting data used to make this determination shall be
retained on-site in the generator's files. If a generator determines that the
waste is restricted based on testing this waste or an extract developed using
the test method 1311 in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods", EPA SW-846, incorporated by reference in s.
NR 660.11, then all waste analysis data shall be retained
on-site in the generator's files.
(g) If a generator determines that the
generator is managing a prohibited waste that is excluded from the definition
of hazardous or solid waste or is not regulated under ch. 291, Stats., and chs.
NR
660 to 673 pursuant to ss.
NR 661.0002 to 661.0006 subsequent to the point of
generation, including deactivated characteristic hazardous wastes managed in
wastewater treatment systems subject to
33 USC
1342 as specified at s.
NR
661.0004(1) (b) or that are
CWA-equivalent, the generator shall place a one-time notice describing the
generation, subsequent exclusion from the definition of hazardous or solid
waste or exemption from ch. 291, Stats., and chs.
NR
660 to 673 regulation, and the disposition of the
waste, in the facility's on-site files.
(h) Generators shall retain on-site a copy of
all notices, certifications, waste analysis data and other documentation
produced pursuant to this section for at least 3 years from the date that the
waste that is the subject of the documentation was last sent to on-site or
off-site treatment, storage or disposal. The 3-year record retention period is
automatically extended during the course of any unresolved enforcement action
regarding the regulated activity or as requested by the department. The
requirements of this subsection apply to solid wastes even when the hazardous
characteristic is removed prior to disposal, or when the waste is excluded from
the definition of hazardous or solid waste under ss.
NR 661.0002 to 661.0006, or exempted from ch. 291,
Stats., and chs.
NR
660 to 673, subsequent to the point of
generation.
(i) If a generator is
managing a lab pack containing hazardous wastes and wishes to use the
alternative treatment standard for lab packs found at s.
NR 668.42(3), then the generator shall
comply with all of the following:
1. With the
initial shipment of waste to a treatment facility, the generator shall submit a
notice and place a copy in the generator's file. The notice shall provide the
information in column "668.07 (1) (i)" in the Generator Paperwork Requirements
Table of par. (d), and shall include the following certification statement
signed by an authorized representative:
I certify under penalty of law that I personally have
examined and am familiar with the waste and that the lab pack contains only
wastes that have not been excluded under ch. NR 668 Appendix IV and that this
lab pack will be sent to a combustion facility in compliance with the
alternative treatment standards for lab packs at s.
NR 668.42(3) [or
40 CFR
268.42(c)]. I am aware that
there are significant penalties for submitting a false certification, including
the possibility of fine or imprisonment.
2. No further notification is necessary until
the time that the wastes in the lab pack change, or the receiving facility
changes, in which case a new notice and certification shall be sent and a copy
placed in the generator's file.
3.
If the lab pack contains characteristic hazardous wastes (D001 to D008, and
D010 to D043), the generator does not need to determine the underlying
hazardous constituents, as defined in s.
NR 668.02(9).
4. The generator shall also comply with the
requirements in pars. (f) and (g).
(j) Small quantity generators with tolling
agreements pursuant to s.
NR 662.020(5) shall comply with the
applicable notification and certification requirements of this subsection for
the initial shipment of the waste subject to the agreement. Generators shall
retain on-site a copy of the notification and certification, together with the
tolling agreement, for at least 3 years after termination or expiration of the
agreement. The three-year record retention period is automatically extended
during the course of any unresolved enforcement action regarding the regulated
activity or as requested by the department.
(2) Treatment facilities shall test their
wastes according to the frequency specified in their waste analysis plans as
required by s.
NR 664.0013 (for licensed TSDs) or s.
NR 665.0013 (for interim license facilities). Testing
shall be performed as provided in pars. (a) to (c).
(a) For wastes or contaminated soil with
treatment standards expressed in the waste extract (TCLP), the owner or
operator of the treatment facility shall test an extract of the treatment
residues, using test method 1311 (the Toxicity Characteristic Leaching
Procedure, described in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods", EPA SW-846, incorporated by reference in s.
NR 660.11) to assure that the treatment residues extract
meet the applicable treatment standards.
(b) For wastes or contaminated soil with
treatment standards expressed as concentrations in the waste, the owner or
operator of the treatment facility shall test the treatment residues, not an
extract of the residues, to assure that they meet the applicable treatment
standards.
(c) A one-time notice
shall be sent with the initial shipment of waste or contaminated soil to the
land disposal facility. A copy of the notice shall be placed in the treatment
facility's file.
1. No further notification
is necessary until the waste or receiving facility change, in which case a new
notice shall be sent and a copy placed in the treatment facility's
file.
2. The one-time notice shall
include all of the following requirements:
Treatment Facility Paperwork Requirements
Table
|
Required information
|
s. NR 668.07 (2)
|
|
1. EPA hazardous waste numbers and manifest
number of first shipment
|
[TICK]
|
|
2. The waste is subject to the LDRs. The
constituents of concern for F001-F005, and F039, and underlying hazardous
constituents in characteristic wastes, unless the waste will be treated and
monitored for all constituents. If all constituents will be treated and
monitored, there is no need to put them all on the LDR notice
|
[TICK]
|
|
3. The notice must include the applicable
wastewater/ nonwastewater category (see s.
NR 668.02(4) and (6)) and subcategories
made within a waste code based on waste-specific criteria (such as D003
reactive cyanide)
|
[TICK]
|
|
4. Waste analysis data (when available)
|
[TICK]
|
|
5. For contaminated soil subject to LDRs as
provided in s.
NR 668.49(1), the constituents subject
to treatment as described in s.
NR 668.49(4) and the following
statement: "This contaminated soil [does/does not] exhibit a characteristic of
hazardous waste and [is subject to/complies with] the soil treatment standards
as provided by s.
NR 668.49(3)."
|
[TICK]
|
|
6. A certification is needed (see applicable
section for exact wording)
|
[TICK]
|
(d) The treatment facility shall submit a
one-time certification signed by an authorized representative with the initial
shipment of waste or treatment residue of a restricted waste to the land
disposal facility. The certification shall state:
I certify under penalty of law that I have personally
examined and am familiar with the treatment technology and operation of the
treatment process used to support this certification. Based on my inquiry of
those individuals immediately responsible for obtaining this information, I
believe that the treatment process has been operated and maintained properly so
as to comply with the treatment standards specified in s.
NR 668.40 [or
40 CFR
268.40] without impermissible dilution of
the prohibited waste. I am aware there are significant penalties for submitting
a false certification, including the possibility of fine and
imprisonment.
A certification is also necessary for contaminated soil and
it shall state the following:
I certify under penalty of law that I have personally
examined and am familiar with the treatment technology and operation of the
treatment process used to support this certification and believe that it has
been maintained and operated properly so as to comply with treatment standards
specified in s.
NR 668.49 [or
40 CFR
268.49] without impermissible dilution of
the prohibited wastes. I am aware there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment.
1. A copy of the
certification shall be placed in the treatment facility's on-site files. If the
waste or treatment residue changes, or the receiving facility changes, a new
certification shall be sent to the receiving facility, and a copy placed in the
treatment facility's on-site file.
2. Debris excluded from the definition of
hazardous waste under s.
NR 661.0003(6) (i.e., debris treated by
an extraction or destruction technology provided by s.
NR 668.45, Table 1, and debris that the department has
determined does not contain hazardous waste), is subject to the notification
and certification requirements of sub. (4) rather than the certification
requirements of this subsection.
3.
For wastes with organic constituents having treatment standards expressed as
concentration levels, if compliance with the treatment standards is based in
whole or in part on the analytical detection limit alternative specified in s.
NR 668.40(4), then the certification,
signed by an authorized representative, shall state the following:
I certify under penalty of law that I have personally
examined and am familiar with the treatment technology and operation of the
treatment process used to support this certification. Based on my inquiry of
those individuals immediately responsible for obtaining this information, I
believe that the nonwastewater organic constituents have been treated by
combustion units as specified in s.
NR 668.42 [or
40 CFR
268.42], Table 1. I have been unable to
detect the nonwastewater organic constituents, despite having used best
good-faith efforts to analyze for these constituents. I am aware there are
significant penalties for submitting a false certification, including the
possibility of fine and imprisonment.
4. For characteristic wastes that are subject
to the treatment standards in s.
NR 668.40, other than those expressed as a method of
treatment, or s.
NR 668.49, and that contain underlying hazardous
constituents as defined in s.
NR 668.02(9); if these wastes are
treated on-site to remove the hazardous characteristic; and are then sent
off-site for treatment of underlying hazardous constituents, the certification
shall state the following:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of s.
NR 668.40 or 668.49 [or
40 CFR
268.40 or
268.49
] to remove the hazardous characteristic. This decharacterized waste contains
underlying hazardous constituents that require further treatment to meet
treatment standards. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment.
5. For
characteristic wastes that contain underlying hazardous constituents as defined
in s.
NR 668.02(9) that are treated on-site to
remove the hazardous characteristic, and to treat underlying hazardous
constituents to meet the universal treatment standards in s.
NR 668.48, the certification shall state the following:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of s.
NR 668.40 [
40 CFR
268.40] to remove the hazardous
characteristic and that underlying hazardous constituents, as defined in s.
NR
668.02(9) have been treated on-site
to meet the universal treatment standards under s.
NR 668.48 [or
40 CFR
268.48]. I am aware that there are
significant penalties for submitting a false certification, including the
possibility of fine and imprisonment.
(e) If the waste or treatment residue will be
further managed at a different treatment, storage or disposal facility, the
treatment, storage or disposal facility sending the waste or treatment residue
off-site shall comply with the notice and certification requirements applicable
to generators under this section.
(f) Where the wastes are recyclable materials
used in a manner constituting disposal subject to the provisions of s.
NR 666.020(2) regarding treatment
standards and prohibition levels, the owner or operator of a treatment facility
(for instance, the recycler) shall, for the initial shipment of waste, prepare
a one-time certification described in par. (d), and a one-time notice which
includes the information in par. (c) (except the manifest number). The
certification and notification shall be placed in the facility's on-site files.
If the waste or the receiving facility changes, a new certification and
notification shall be prepared and placed in the on-site files. In addition,
the recycling facility shall also keep records of the name and location of each
entity receiving the hazardous waste-derived product.
(3) Except where the owner or operator is
disposing of any waste that is a recyclable material used in a manner
constituting disposal pursuant to s.
NR 666.020(2), the owner or operator of
any land disposal facility disposing any waste subject to restrictions under
this chapter shall comply with all of the following:
(a) Have copies of the notice and
certifications specified in subs. (1) and (2).
(b) Test the waste, or an extract of the
waste or treatment residue developed using test method 1311 (the Toxicity
Characteristic Leaching Procedure), described in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods", EPA SW-846, incorporated by reference
in s.
NR 660.11), to assure that the wastes or treatment
residues are in compliance with the applicable treatment standards set forth in
subch. D. This testing shall be performed according to the frequency specified
in the facility's waste analysis plan as required by s.
NR 664.0013 or 665.0013.
(4) Generators or treaters who claim that
hazardous debris is excluded from the definition of hazardous waste under s.
NR 661.0003(6) (i.e., debris treated by
an extraction or destruction technology provided by s.
NR 668.45, Table 1, and debris that the department has
determined does not contain hazardous waste) are subject to all of the
following notification and certification requirements:
(a) A one-time notification, including the
following information, shall be submitted to the department:
1. The name and address of the approved
facility for solid waste disposal which is receiving the treated
debris.
2. A description of the
hazardous debris as initially generated, including the applicable EPA hazardous
waste number or numbers.
3. For
debris excluded under s.
NR 661.0003(6)
(a), the technology from s.
NR 668.45, Table 1, used to treat the
debris.
(b) The
notification shall be updated if the debris is shipped to a different facility,
and, for debris excluded under s.
NR 661.0002(5)
(a), if a different type of debris is treated
or if a different technology is used to treat the debris.
(c) For debris excluded under s.
NR 661.0003(6)
(a), the owner or operator of the treatment
facility shall document and certify compliance with the treatment standards of
s.
NR 668.45, Table 1, by meeting all of the following
criteria:
1. The owner or operator of the
treatment facility shall keep records of all inspections, evaluations and
analyses of treated debris that are made to determine compliance with the
treatment standards.
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.
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."
(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:
(a) Prepare a
one-time only documentation of these determinations including all supporting
information.
(b) Maintain that
information in the facility files and other records for a minimum of 3
years.
