Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 668 - Hazardous Waste Land Disposal Restrictions › Subchapter C - Prohibitions on Land Disposal › Section NR 668.38 - Waste specific prohibitions - newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production wastes

Current through June 24, 2024
(1) Effective December 19, 1994, the wastes
				  specified in s. NR 661.0032 as EPA hazardous waste numbers K141, K142, K143,
				  K144, K145, K147, K148, K149, K150, and K151 are prohibited from land disposal.
				  In addition, debris contaminated with EPA hazardous waste numbers F037, F038,
				  K107 to K112, K117, K118, K123 to K126, K131, K132, K136, U328, U353, U359, and
				  soil and debris contaminated with D012 to D043, K141 to K145, and K147 to K151
				  are prohibited from land disposal. Wastes that are specified in s. NR 661.0024,
				  Table 1 as EPA hazardous waste numbers: D012, D013, D014, D015, D016, D017,
				  D018, D019, D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030,
				  D031, D032, D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, D043
				  that are not radioactive, or that are managed in systems other than those whose
				  discharge is regulated under ch. 283, Stats., or that are zero dischargers that
				  do not engage in CWA-equivalent treatment before ultimate land disposal are
				  prohibited from land disposal.
(2)
				  On September 19, 1996, radioactive wastes that are mixed with D018 to D043 that
				  are managed in systems other than those whose discharge is regulated under ch.
				  283, Stats., or that are zero dischargers that engage in CWA-equivalent
				  treatment before ultimate land disposal, are prohibited from land disposal.
				  CWA-equivalent treatment means biological treatment for organics, alkaline
				  chlorination or ferrous sulfate precipitation for cyanide,
				  precipitation/sedimentation for metals, reduction of hexavalent chromium, or
				  other treatment technology that can be demonstrated to perform equally or
				  greater than these technologies. Radioactive wastes mixed with K 141 to K 145,
				  and K147 to K151 are also prohibited from land disposal. In addition, soil and
				  debris contaminated with these radioactive mixed wastes are prohibited from
				  land disposal.
(3) Between December
				  19, 1994 and September 19, 1996, the wastes included in sub. (2) may be
				  disposed in a landfill or surface impoundment, only if the unit is in
				  compliance with
				  40 CFR
				  268.5(h)(2).
(4) The requirements of subs. (1) to (3) 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 alternate treatment standards established
				  pursuant to a petition granted under
				  40 CFR
				  268.44(a) to (g) or s.
				  NR 668.44(8) to
				  (13).
(d) 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.