Section 668.04. Treatment surface impoundment exemption.

 

(1)  Wastes which are otherwise prohibited from land disposal under this chapter, may be treated in a surface impoundment or series of impoundments if all of the following conditions are met:

(a) Treatment of the wastes occurs in the impoundments.

(b) All of the following conditions are met:

1. Sampling and testing. For wastes with treatment standards in subch. D of ch. NR 668 or prohibition levels in subch. C , or both, or treatment standards in 42 USC 6924 (d), the residues from treatment are analyzed, as specified in s. NR 668.07 or 668.32 , to determine if they meet the applicable treatment standards or where no treatment standards have been established for the waste, the applicable prohibition levels. The sampling method, specified in the waste analysis plan under s. NR 664.0013 or 665.0013 , shall be designed such that representative samples of the sludge and the supernatant are tested separately rather than mixed to form homogeneous samples.

2. Removal. All of the following treatment residues, including any liquid waste, shall be removed at least annually: residues which do not meet the treatment standards promulgated under subch. D ; residues which do not meet the prohibition levels established under subch. C or imposed by statute, where no treatment standards have been established; residues from the treatment of wastes prohibited from land disposal under subch. C , where no treatment standards have been established and no prohibition levels apply; or residues from managing listed wastes which are not delisted under 40 CFR 260.22 . If the volume of liquid flowing through the impoundment or series of impoundments annually is greater than the volume of the impoundment or impoundments, this flow-through constitutes removal of the supernatant for the purpose of this requirement.

3. Subsequent management. Treatment residues may not be placed in any other surface impoundment for subsequent management.

4. Recordkeeping. Sampling and testing and recordkeeping provisions of ss. NR 664.0013 and 665.0013 apply.

(c) The impoundment meets the design requirements of s. NR 664.0221 (3) or 665.0221 (1) , regardless that the unit may not be new, expanded, or a replacement, and the impoundment is in compliance with applicable groundwater monitoring requirements of ch. NR 664 unless one of the following conditions are met:

1. The surface impoundment is exempted pursuant to s. NR 664.0221 (4) or (5) , or pursuant to s. NR 665.0221 (3) or (4) .

2. Upon application by the owner or operator, the department, after notice and an opportunity to comment, grants a waiver of the design requirements on the basis that the surface impoundment meets all of the following conditions:

a. The surface impoundment has at least one liner, and there is no evidence that the liner is leaking.

b. The surface impoundment is located more than one-quarter mile from an underground source of drinking water.

c. The surface impoundment is in compliance with generally applicable groundwater monitoring requirements for facilities with licenses.

3. Upon application by the owner or operator, the department, after notice and an opportunity to comment, grants a modification to the design requirements on the basis of a demonstration that the surface impoundment is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.

(d) The owner or operator submits to the department a written certification that the requirements of par. (c) have been met. The following certification is required:

I certify under penalty of law that the requirements of s. NR 668.04 (1) (c) have been met for all surface impoundments being used to treat restricted wastes. I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

(2)  Evaporation of hazardous constituents as the principal means of treatment is not treatment for purposes of an exemption under this section.

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