Section 668.36. Waste specific prohibitions — inorganic chemical wastes.

 

(1)  Effective May 20, 2002, the wastes specified in ch. NR 661 as EPA hazardous waste numbers K176, K177, and K178, and soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.

(2)  The requirements of sub. (1) do not apply if any of the following conditions are met:

(a) The wastes meet the applicable treatment standards specified in subch. D .

(b) EPA 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.

(c) The wastes meet the applicable treatment standards established pursuant to a petition granted under s. NR 668.44 .

(d) Hazardous debris has met the treatment standards in s. NR 668.40 or the alternative treatment standards in s. NR 668.45 .

(e) EPA has granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5 , with respect to these wastes covered by the extension.

(3)  To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40 , the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable subch. D levels, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.

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