Section 661.31. Hazardous wastes from non-specific sources.

 

(1)  L isted hazardous wastes from non-specific sources . The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under ss. NR 660.20 and 660.22 and listed in 40 CFR part 261 , appendix IX: - See PDF for table

(2)   Listing specific definitions.

(b)

1. For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following 4 treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and the units employ a minimum of 6 hp per million gallons of treatment volume; and meet one of the following:

a. The hydraulic retention time of the unit is no longer than 5 days.

b. The hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the toxicity characteristic.

2. Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage and disposal facilities shall maintain, in their operating or other onsite records, documents and data sufficient to prove all of the following:

a. The unit is an aggressive biological treatment unit as defined in this subsection.

b. The sludges sought to be exempted from the definitions of F037 or F038 were actually generated in the aggressive biological treatment unit.

(c)

1. For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.

2. For the purposes of the F038 listing, all of the following apply:

a. Sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.

b. Floats are considered to be generated at the moment they are formed in the top of the unit.

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