Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 668 - Hazardous Waste Land Disposal Restrictions › Subchapter A - General › Section NR 668.04 - Treatment surface impoundment exemption

Current through June 24, 2024
(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 apply 665.0013.
(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.