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 668.09 - Special rules regarding wastes that exhibit a characteristic

Current through June 24, 2024
(1) The initial
				  generator of a solid waste shall determine each EPA hazardous waste number
				  (waste code) applicable to the waste to determine the applicable treatment
				  standards under subch. D. This determination may be made concurrently with the
				  hazardous waste determination required in s.
				  NR
				  662.011. For purposes of this chapter, the waste will
				  carry the waste code for any applicable listed waste (subch. D of ch. NR 661).
				  In addition, where the waste exhibits a characteristic, the waste will carry
				  one or more of the characteristic waste codes (subch. C of ch. NR 661), except
				  when the treatment standard for the listed waste operates in lieu of the
				  treatment standard for the characteristic waste, as specified in sub. (2). If
				  the generator determines that their waste displays a hazardous characteristic,
				  and is not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM under s.
				  NR
				  668.42, Table 1, then the generator shall determine
				  the underlying hazardous constituents, as defined by s.
				  NR
				  668.02(9), in the characteristic
				  waste.
(2) Where a prohibited waste
				  is both listed under subch. D of ch. NR 661 and exhibits a characteristic under
				  subch. C of ch. NR 661, the treatment standard for the waste code listed in
				  subch. D of ch. NR 661 will operate in lieu of the standard for the waste code
				  under subch. C of ch. NR 661, if the treatment standard for the listed waste
				  includes a treatment standard for the constituent that causes the waste to
				  exhibit the characteristic. Otherwise, the waste shall meet the treatment
				  standards for all applicable listed and characteristic waste codes.
(3) In addition to any applicable standards
				  determined from the initial point of generation, no prohibited waste that
				  exhibits a characteristic under subch. C of ch. NR 661 may be land disposed
				  unless the waste complies with the treatment standards under subch.
				  D.
(4) Wastes that exhibit a
				  characteristic are also subject to s.
				  NR
				  668.07, except that once the waste is no longer
				  hazardous, a one-time notification and certification shall be placed in the
				  generator's or treater's on-site files. The notification and certification that
				  is placed in the generator's or treater's files shall be updated if the process
				  or operation generating the waste changes or if the approved facility for solid
				  waste disposal receiving the waste changes.
(a) The notification shall include all of the
				  following information:
1. Name and address of
				  the approved facility for solid waste disposal which is receiving the waste
				  shipment.
2. A description of the
				  waste as initially generated, including the applicable EPA hazardous waste code
				  or codes, treatability group or groups, and underlying hazardous constituents,
				  as defined in s.
				  NR
				  668.02(9), unless the waste will be
				  treated and monitored for all underlying hazardous constituents. If all
				  underlying hazardous constituents will be treated and monitored, there is no
				  requirement to list any of the underlying hazardous constituents on the
				  notice.