Section 668.01. Purpose, scope and applicability.

 

(1)  This chapter identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.

(2)  Except as specifically provided otherwise in this chapter or ch. NR 661 , the requirements of this chapter apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage and disposal facilities.

(3)  Restricted wastes may continue to be land disposed if any of the following conditions are met:

(a) The EPA administrator has granted an extension to the effective date of a prohibition under 40 CFR 268.5 with respect to those wastes covered by the extension.

(b) The EPA administrator has granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6 , with respect to those wastes and units covered by the petition. .

(d) The wastes are hazardous only because they exhibit a hazardous characteristic, unless the wastes are subject to a specified method of treatment other than DEACT in s. NR 668.40 , or are D003 reactive cyanide and the wastes meet subds. 1. or 2. or 3. and subd. 4.

1. The wastes are managed in a treatment system which subsequently discharges to waters of the state pursuant to a permit issued under ch. 283 , Stats.

2. The wastes are treated for purposes of the pretreatment requirements of ch. 283 , Stats.

3. The wastes are managed in a zero discharge system engaged in CWA-equivalent treatment as defined in s. NR 668.37 .

4. The wastes no longer exhibit a prohibited characteristic at the point of land disposal (i.e., placement in a surface impoundment).

(4)  The requirements of this chapter may not affect the availability of a waiver under 42 USC 9621 (d)(4).

(5)  All of the following hazardous wastes are not subject to this chapter:

(a) Waste generated by very small quantity generators of less than 100 kilograms (220 pounds) of non-acute hazardous waste or less than one kilogram (2.2 pounds) of acute hazardous waste per month, as defined in s. NR 662.220 .

(b) Waste pesticides that a farmer disposes of pursuant to s. NR 662.070 .

(c) Wastes identified or listed as hazardous after November 8, 1984 for which EPA has not promulgated land disposal prohibitions or treatment standards.

(d) De minimis losses of characteristic wastes to wastewaters are not considered to be prohibited wastes and are defined as losses from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials). The following are also considered to be de minimus losses: minor leaks of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory wastes not exceeding one % of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million in the headworks of the facility's wastewater treatment or pretreatment facility.

(6)  Universal waste handlers and universal waste transporters, as defined in s. NR 660.10 , are exempt from ss. NR 668.07 and 668.50 for all of the following hazardous wastes.

(a) Batteries as described in s. NR 673.02 .

(b) Pesticides as described in s. NR 673.03 .

(c) Thermostats as described in s. NR 673.04 .

(d) Lamps as described in s. NR 673.05 .