Section 665.0314. Special requirements for bulk and containerized liquids.

 

(1)  Bulk or non-containerized liquid waste or waste containing free liquids may be placed in a landfill prior to April 1, 1988 only if either of the following is met:

(a) The landfill has a liner and leachate collection and removal system that meets the requirements of s. NR 664.0301 (1) .

(b) Before disposal, the liquid waste or waste containing free liquids is treated or stabilized, chemically or physically (e.g., by mixing with a sorbent solid), so that free liquids are no longer present.

(2)  Effective April 1, 1988, the placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.

(3)  Containers holding free liquids may not be placed in a landfill unless par. (a) , (b) , (c) or (d) applies:

(a) All free-standing liquid is handled in one of the following ways:

1. It has been removed by decanting, or other methods.

2. It has been mixed with sorbent or solidified so that free-standing liquid is no longer observed.

3. It has been otherwise eliminated.

(b) The container is very small, such as an ampule.

(c) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor.

(d) The container is a lab pack as defined in s. NR 665.0316 and is disposed of in accordance with s. NR 665.0316 .

(4)  To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test shall be used: Method 9095 (paint filter liquids test) as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA SW-846, incorporated by reference in s. NR 660.11 .

(5)  The date for compliance with subs. (1) and (3) is July 1, 1985.

(6)  Sorbents used to treat free liquids to be disposed of in landfills shall be nonbiodegradable. Nonbiodegradable sorbents are materials listed or described in par. (a) ; materials that pass one of the tests in par. (b) or materials that are determined by EPA to be nonbiodegradable through the 40 CFR part 260 petition process.

(a) Nonbiodegradable sorbents are any of the following:

1. Inorganic minerals, other inorganic materials and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides or hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal or activated carbon).

2. High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable.

3. Mixtures of these nonbiodegradable materials.

(b) The sorbent material may be determined to be nonbiodegradable using any of the following tests:

1. ASTM Method G21-70 (1984a) — Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi, incorporated by reference in s. NR 660.11 .

2. ASTM Method G22-76 (1984b) — Standard Practice for Determining Resistance of Plastics to Bacteria, incorporated by reference in s. NR 660.11 .

3. OECD test 301B [CO 2 Evolution (Modified Sturm Test)], incorporated by reference in s. NR 660.11 .

(7)  Effective March 1, 1991, the placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of the landfill demonstrates to the department, or the department determines, that both of the following apply:

(a) The only reasonably available alternative to the placement in the landfill is placement in a landfill or unlined surface impoundment, whether or not operating under an operating license or interim license, which contains, or may reasonably be anticipated to contain, hazardous waste.

(b) Placement in the owner or operator's landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in 40 CFR 144.3 ).

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.