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 668.07 - Testing, tracking, and recordkeeping requirements for generators, reverse distributors, treaters, and disposal facilities

Current through June 24, 2024
(1) Generators and
				  pharmaceutical reverse distributors shall comply with all of the following
				  requirements:
(a) A generator of hazardous
				  waste shall determine if the hazardous waste shall be treated before it can be
				  land disposed. This determination shall be done by determining if the hazardous
				  waste meets the treatment standards in s.
				  NR
				  668.40, 668.45, or 668.49. This determination shall be
				  made by testing the waste or using knowledge of the waste. If the generator
				  tests the waste, testing should determine the total concentration of hazardous
				  constituents, or the concentration of hazardous constituents in an extract of
				  the waste obtained using test method 1311 in "Test Methods of Evaluating Solid
				  Waste, Physical/Chemical Methods", EPA SW-846, incorporated by reference in s.
				  NR
				  660.11, depending on whether the treatment standard
				  for the waste is expressed as a total concentration or a concentration of
				  hazardous constituent in the waste's extract. As an alternative to the
				  generator determining if the hazardous waste is required to be treated before
				  it can be land disposed, the generator shall send the waste to a RCRA licensed
				  or permitted hazardous waste treatment facility, where the waste treatment
				  facility shall comply with the requirements of sub. (2) and s.
				  NR
				  664.0013. In addition, some hazardous wastes shall be
				  treated by particular treatment methods before they can be land disposed and
				  some soils are contaminated by such hazardous wastes. These treatment standards
				  are also found in s.
				  NR
				  668.40 and are described in detail in s.
				  NR
				  668.42, Table 1. It is not necessary to test hazardous
				  waste, or soil contaminated by hazardous waste, which is treated under ss.
				  NR
				  668.40 and 668.42, Table 1, unless the waste or soil
				  is in a waste mixture, in which case the other wastes in the mixture with
				  concentration level treatment standards shall be tested. If a generator is
				  managing a waste or soil contaminated with a waste, that displays a hazardous
				  characteristic of ignitability, corrosivity, reactivity, or toxicity, the
				  generator shall comply with the special requirements of s.
				  NR
				  668.09 in addition to any applicable requirements in
				  this section.
(b) If the waste or
				  contaminated soil does not meet the applicable treatment standards or if the
				  generator chooses not to make the determination of whether the waste is
				  required to be treated, the generator shall send a one-time written notice to
				  each treatment or storage facility receiving the waste with the initial waste
				  shipment, and shall place a copy in the generator's file. The notice shall
				  include the information in column "668.07 (1) (b)" of the Generator Paperwork
				  Requirements Table in par. (d). Alternatively, if the generator chooses not to
				  make the determination of whether the waste is required to be treated, the
				  notification shall include the EPA Hazardous Waste Numbers and Manifest Number
				  of the first shipment and shall state "This hazardous waste may or may not be
				  subject to the LDR treatment standards. The treatment facility shall make the
				  determination." No further notification is necessary until the waste or
				  facility change, in which case a new notification shall be sent and a copy
				  placed in the generator's file.
(c)
				  If the waste or contaminated soil meets the treatment standard at the original
				  point of generation:, then generators shall meet all of the following
				  conditions:
1. The generator shall send a
				  one-time written notice to each treatment, storage, or disposal facility
				  receiving the waste with the initial waste shipment, and place a copy in the
				  generator's file. The notice shall include the information in column "668.07
				  (1) (c)" of the Generator Paperwork Requirements Table in par. (d) and the
				  following certification statement, signed by an authorized representative:
I certify under penalty of law that I personally have
					 examined and am familiar with the waste through analysis and testing or through
					 knowledge of the waste to support this certification that the waste complies
					 with the treatment standards specified in subch. D of ch. NR 668 [or 40 CFR 268
					 ]. I believe that the information I submitted is true, accurate, and complete.
					 I am aware that there are significant penalties for submitting a false
					 certification, including the possibility of a fine and
					 imprisonment.
2. If the
				  generator ships contaminated soil, then with the initial waste shipment, the
				  generator shall send a one-time written notice to each treatment, storage or
				  disposal facility receiving the contaminated soil and place a copy in the
				  generator's file. The notice shall include the information in column "668.07
				  (1) (c)" of the Generator Paperwork Requirements Table in par. (d).
3. If the waste changes, the generator shall
				  send a new notice and certification to the receiving facility, and place a copy
				  in the generator's file. Generators of hazardous debris excluded from the
				  definition of hazardous waste under s.
				  NR
				  661.0003(6) are not subject to these
				  requirements.
(d) If the
				  generator's waste or contaminated soil is not required to meet treatment
				  standards before it is land disposed because the waste or soil qualifies for an
				  exemption, including but not limited to case-by-case extensions under
				  40 CFR
				  268.5, disposal in a no-migration unit under
				  40
				  CFR 268.6, or a national capacity variance or
				  case-by-case capacity variance under subch. C, then with the initial shipment
				  of waste, the generator shall send a one-time written notice to each land
				  disposal facility receiving the waste. The notice shall include the information
				  indicated in column "s. NR 668.07 (1) (d)" of the Generator Paperwork
				  Requirements Table in this paragraph. If the waste changes, the generator shall
				  send a new notice to the receiving facility, and place a copy in the
				  generator's file.
Generator Paperwork Requirements Table
Required information
s. NR668.07 (1)(b)
s. NR668.07 (1)(c)
s. NR668.07 (1)(d)
s. NR668.07 (1)(i)
1. EPA hazardous waste numbers and manifest
								  number of first shipment
[TICK]
[TICK]
[TICK]
[TICK]
2. Statement: this waste is not prohibited from
								  land disposal
[TICK]
3. The waste is subject to the LDRs. The
								  constituents of concern for F001-F005, and F039, andunderlying hazardous
								  constituents in characteristic wastes, unless the waste will be treated
								  andmonitored for all constituents. If all constituents will be treated and
								  monitored, there is no need toput them all on the LDR notice
[TICK]
[TICK]
4. The notice must include the applicable
								  wastewater/ nonwastewater category (see s.
								  NR
								  668.02(4) and (6) ) and subcategories
								  made within a waste code based on waste-specific criteria (such asD003 reactive
								  cyanide)
[TICK]
[TICK]
5. Waste analysis data (when available)
[TICK]
[TICK]
[TICK]
6. Date the waste is subject to the
								  prohibition
[TICK]
7. For hazardous debris, when treating with the
								  alternative treatment technologies provided by s.NR 668.45: the contaminants
								  subject to treatment, as described in s.
								  NR
								  668.45(2); and an indica-tion that
								  these contaminants are being treated to comply with s.
								  NR
								  668.45
[TICK]
[TICK]
8. For contaminated soil subject to LDRs as
								  provided in s.
								  NR
								  668.49(1), the constituents subject
								  to treatment as described in s.
								  NR
								  668.49(4), and the following
								  statement: This contaminated soil[does/does not] contain listed hazardous waste
								  and [does/does not] exhibit a characteristic of haz-ardous waste and [is
								  subject to/complies with the soil treatment standards as provided by s.
								  NR668.49 (3) or the universal treatment standards
[TICK]
[TICK]
9. A certification is needed (see applicable
								  section for exact wording)
[TICK]
[TICK]
(e)
				  If a generator is managing and treating prohibited waste or contaminated soil
				  in tanks, containers or containment buildings regulated under ss.
				  NR
				  662.015, 662.016, and 662.017 to meet applicable LDR
				  treatment standards found at s.
				  NR
				  668.40, the generator shall develop and follow a
				  written waste analysis plan which describes the procedures they will carry out
				  to comply with the treatment standards. Generators treating hazardous debris
				  under the alternative treatment standards of s.
				  NR
				  668.45, Table 1, however, are not subject to the waste
				  analysis requirements in this section. The plan shall be kept on site in the
				  generator's records, and all of the following requirements shall be met:
1. The waste analysis plan shall be based on
				  a detailed chemical and physical analysis of a representative sample of the
				  prohibited waste being treated, and contain all information necessary to treat
				  the waste in accordance with the requirements of this chapter, including the
				  selected testing frequency.
2. The
				  plan shall be kept in the facility's on-site files and made available to
				  inspectors.
3. Wastes shipped
				  off-site pursuant to this subsection shall comply with the notification
				  requirements of par. (c).
(f) If a generator determines that the waste
				  or contaminated soil is restricted based solely on the generator's knowledge of
				  the waste, all supporting data used to make this determination shall be
				  retained on-site in the generator's files. If a generator determines that the
				  waste is restricted based on testing this waste or an extract developed using
				  the test method 1311 in "Test Methods for Evaluating Solid Waste,
				  Physical/Chemical Methods", EPA SW-846, incorporated by reference in s.
				  NR
				  660.11, then all waste analysis data shall be retained
				  on-site in the generator's files.
(g) If a generator determines that the
				  generator is managing a prohibited waste that is excluded from the definition
				  of hazardous or solid waste or is not regulated under ch. 291, Stats., and chs.
				  NR
				  660 to 673 pursuant to ss.
				  NR
				  661.0002 to 661.0006 subsequent to the point of
				  generation, including deactivated characteristic hazardous wastes managed in
				  wastewater treatment systems subject to
				  33 USC
				  1342 as specified at s.
				  NR
				  661.0004(1) (b) or that are
				  CWA-equivalent, the generator shall place a one-time notice describing the
				  generation, subsequent exclusion from the definition of hazardous or solid
				  waste or exemption from ch. 291, Stats., and chs.
				  NR
				  660 to 673 regulation, and the disposition of the
				  waste, in the facility's on-site files.
(h) Generators shall retain on-site a copy of
				  all notices, certifications, waste analysis data and other documentation
				  produced pursuant to this section for at least 3 years from the date that the
				  waste that is the subject of the documentation was last sent to on-site or
				  off-site treatment, storage or disposal. The 3-year record retention period is
				  automatically extended during the course of any unresolved enforcement action
				  regarding the regulated activity or as requested by the department. The
				  requirements of this subsection apply to solid wastes even when the hazardous
				  characteristic is removed prior to disposal, or when the waste is excluded from
				  the definition of hazardous or solid waste under ss.
				  NR
				  661.0002 to 661.0006, or exempted from ch. 291,
				  Stats., and chs.
				  NR
				  660 to 673, subsequent to the point of
				  generation.
(i) If a generator is
				  managing a lab pack containing hazardous wastes and wishes to use the
				  alternative treatment standard for lab packs found at s.
				  NR
				  668.42(3), then the generator shall
				  comply with all of the following:
1. With the
				  initial shipment of waste to a treatment facility, the generator shall submit a
				  notice and place a copy in the generator's file. The notice shall provide the
				  information in column "668.07 (1) (i)" in the Generator Paperwork Requirements
				  Table of par. (d), and shall include the following certification statement
				  signed by an authorized representative:
I certify under penalty of law that I personally have
					 examined and am familiar with the waste and that the lab pack contains only
					 wastes that have not been excluded under ch. NR 668 Appendix IV and that this
					 lab pack will be sent to a combustion facility in compliance with the
					 alternative treatment standards for lab packs at s.
					 NR
					 668.42(3) [or
					 40 CFR
					 268.42(c) ]. I am aware that
					 there are significant penalties for submitting a false certification, including
					 the possibility of fine or imprisonment.
2. No further notification is necessary until
				  the time that the wastes in the lab pack change, or the receiving facility
				  changes, in which case a new notice and certification shall be sent and a copy
				  placed in the generator's file.
3.
				  If the lab pack contains characteristic hazardous wastes (D001 to D008, and
				  D010 to D043), the generator does not need to determine the underlying
				  hazardous constituents, as defined in s.
				  NR
				  668.02(9).
4. The generator shall also comply with the
				  requirements in pars. (f) and (g).
(j) Small quantity generators with tolling
				  agreements pursuant to s.
				  NR
				  662.020(5) shall comply with the
				  applicable notification and certification requirements of this subsection for
				  the initial shipment of the waste subject to the agreement. Generators shall
				  retain on-site a copy of the notification and certification, together with the
				  tolling agreement, for at least 3 years after termination or expiration of the
				  agreement. The three-year record retention period is automatically extended
				  during the course of any unresolved enforcement action regarding the regulated
				  activity or as requested by the department.