Section 668.09. Special rules regarding wastes that exhibit a characteristic.

 

(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 . 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.

(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.

(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 .

(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 files and sent to the department. 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. However, the generator or treater need only notify the department on an annual basis if such changes occur. The notification and certification shall be sent to the department annually and shall be received by the department no later that December 31.

(a) The notification shall include all of the following information:

1. Name and address of the approved facility for solid waste disposal which is receiving the waste shipment.

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.

(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.

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