Section 668.50. Prohibitions on storage of restricted wastes.

 

(1)  Except as provided in this section, the storage of hazardous wastes restricted from land disposal under this chapter or 42 USC 6924 is prohibited, unless all of the following conditions are met:

(a) A generator stores the wastes in tanks, containers, or containment buildings on-site solely for the purpose of the accumulation of quantities of hazardous waste necessary to facilitate proper recovery, treatment or disposal, and a generator complies with the requirements in s. NR 662.034 and chs. NR 664 and 665 .

(b) An owner or operator of a hazardous waste treatment, storage or disposal facility stores the wastes in tanks, containers or containment buildings solely for the purpose of the accumulation of quantities of hazardous waste necessary to facilitate proper recovery, treatment or disposal, and all of the following additional conditions are met:

1. Each container is clearly marked to identify its contents and the date each period of accumulation begins.

2. Each tank is clearly marked with a description of its contents, the quantity of each hazardous waste received and the date each period of accumulation begins, or the information for each tank is recorded and maintained in the operating record at that facility. Regardless of whether the tank itself is marked, an owner or operator shall comply with the operating record requirements specified in s. NR 664.0073 or s. NR 665.0073 .

(c) A transporter stores manifested shipments of the wastes at a transfer facility for 10 days or less.

(2)  An owner or operator of a treatment, storage or disposal facility may store the wastes for up to one year unless the department can demonstrate that the storage was not solely for the purpose of accumulation of quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal.

(3)  A owner or operator of a treatment, storage or disposal facility may store the wastes beyond one year; however, the owner or operator bears the burden of proving that the storage was solely for the purpose of accumulation of quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal.

(4)  If a generator's waste is exempt from a prohibition on the type of land disposal utilized for the waste (for example, because of an approved case-by-case extension under 40 CFR 268.5 , an approved 40 CFR 268.6 petition, or a national capacity variance under subch. C ), the prohibition in sub. (1) does not apply during the period of the exemption.

(5)  The prohibition in sub. (1) does not apply to hazardous wastes that meet the treatment standards specified under ss. NR 668.41 , 668.42 and 668.43 or the treatment standards specified under the variance in 40 CFR 268.44 , or, where treatment standards have not been specified, is in compliance with the applicable prohibitions specified in s. NR 668.32 or s. 291.05 (6) , Stats.

(6)  Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm shall be stored at a facility that meets the requirements of 40 CFR 761.65 (b) and shall be removed from storage and treated or disposed as required by this chapter within one year of the date when the wastes are first placed into storage. The provisions of sub. (3) do not apply to PCB wastes prohibited under s. NR 668.32 .

(7)  The prohibition and requirements in this do not apply to hazardous remediation wastes stored in a staging pile approved pursuant to s. NR 664.0554 .

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