Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 668 - Hazardous Waste Land Disposal Restrictions › Subchapter D - Treatment Standards › Section NR 668.49 - Alternative LDR treatment standards for contaminated soil

Current through June 24, 2024
(1) A person shall
				  comply with LDRs prior to placing soil that exhibits a characteristic of
				  hazardous waste, or exhibited a characteristic of hazardous waste at the time
				  it was generated, into a land disposal unit. The following chart describes
				  whether a person is required to comply with LDRs prior to placing soil
				  contaminated by listed hazardous waste into a land disposal unit: -
If LDRs
And if LDRs
And if
Then a person
Applied to the listed waste when it contaminated
								  the soil*.
Apply to the listed waste now.
.........................
Shall comply with LDRs
Didn't apply to the listed waste when it
								  contaminated the soil*.
Apply to the listed waste now.
The soil is determined to contain the listed
								  waste when the soil is first generated.
Shall comply with LDRs.
Didn't apply to the listed waste when it
								  contaminated the soil*.
Apply to the listed waste now.
The soil is determined not to contain the listed
								  waste when the soil is first generated.
Needn't comply with LDRs.
Didn't apply to the listed waste when it
								  contaminated the soil*.
Don't apply to the listed waste now.
..........................
Needn't comply with LDRs.
* For dates of LDR applicability, see ch. NR 668 Appendix
					 VII. To determine the date a listed hazardous waste contaminated a volume of
					 soil, use the last date the listed hazardous waste was placed into the land
					 disposal unit or, in the case of an accidental spill, the date of the
					 spill.
(2) Prior to land
				  disposal, contaminated soil identified by sub. (1) as needing to comply with
				  LDRs shall be treated according to the applicable treatment standards specified
				  in sub. (3) or according to the universal treatment standards specified in s.
				  NR
				  668.48 applicable to the contaminating listed
				  hazardous waste or the applicable characteristic of hazardous waste if the soil
				  is characteristic, or both. The treatment standards specified in sub. (3) and
				  the universal treatment standards may be modified through a treatment variance
				  approved according to 40 CFR 268(a) to (g).
(3) Prior to land disposal, contaminated soil
				  identified by sub. (1) as needing to comply with LDRs shall be treated
				  according to all the standards specified in this subsection or according to the
				  universal treatment standards specified in s.
				  NR
				  668.48.
(a)
All soils
. Prior to land disposal, all constituents subject to
				  treatment shall be treated as follows:
1. For
				  non-metals except carbon disulfide, cyclohexanone and methanol, treatment shall
				  achieve 90% reduction in total constituent concentrations, except as provided
				  by subd. 3.
2. For metals and
				  carbon disulfide, cyclohexanone and methanol, treatment shall achieve 90%
				  reduction in constituent concentrations as measured in leachate from the
				  treated media (tested according to the TCLP) or 90 % reduction in total
				  constituent concentrations (when a metal removal treatment technology is used),
				  except as provided by subd. 3.
3.
				  When treatment of any constituent subject to treatment to a 90% reduction
				  standard would result in a concentration less than 10 times the universal
				  treatment standard for that constituent, then treatment to achieve constituent
				  concentrations less than 10 times the universal treatment standard is not
				  required. Universal treatment standards are identified in s.
				  NR
				  668.48, Table UTS.