Section NR 664.0555 - Disposal of CAMU-eligible wastes in licensed or permitted hazardous waste landfills(1) The department may approve placement of CAMU-eligible wastes in hazardous waste landfills not located at the site from which the waste originated, without the wastes meeting the requirements of ch. NR 668, if all of the following conditions are met: (a) The waste meets the definition of CAMU-eligible waste in s. NR 664.0552(1) (a) and (b).(b) The department identifies principal hazardous constituents in the waste, in accordance with s. NR 664.0552(5) (d) 1. and 2., and requires that the principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes: 1. The treatment standards under s. NR 664.0552(5) (d) 4.2. Treatment standards adjusted in accordance with s. NR 664.0552(5) (d) 5. a., c., d. or e.1).3. Treatment standards adjusted in accordance with s. NR 664.0552(5) (d) 5. e.2), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.(c) The landfill receiving the CAMU-eligible waste shall have a hazardous waste license or permit, meet the requirements for new landfills in subch. N, and be authorized to accept CAMU-eligible wastes; for the purposes of this requirement, "license or permit" does not include an interim license or permit.(2) The person seeking approval shall provide sufficient information to enable the department to approve placement of CAMU-eligible waste in accordance with sub. (1). Information required by s. NR 664.0552(4) (a) to (c) for CAMU applications shall be provided, unless not reasonably available. (3) The department shall provide public notice and a reasonable opportunity for public comment before approving CAMU-eligible waste for placement in an off-site licensed or permitted hazardous waste landfill, consistent with the requirements for CAMU approval at s. NR 664.0552(8). The approval shall be specific to a single remediation.(4) Applicable hazardous waste management requirements in this chapter, including recordkeeping requirements to demonstrate compliance with treatment standards approved under this section, for CAMU-eligible waste shall be incorporated into the receiving facility license or permit through license or permit issuance or a license or permit modification, providing notice and an opportunity for comment and a hearing. Notwithstanding s. NR 670.004(1), a landfill may not receive hazardous CAMU-eligible waste under this section unless its license or permit specifically authorizes receipt of the waste.(5) For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-eligible waste in accordance with sub. (4) until all of the following additional conditions have been met: (a) The landfill owner or operator notifies the department and persons on the facility mailing list, maintained in accordance with s. NR 670.410(3) (a) 9., of the owner or operator's intent to receive CAMU-eligible waste in accordance with this section; the notice shall identify the source of the remediation waste, the principal hazardous constituents in the waste and treatment requirements.(b) Persons on the facility mailing list may provide comments, including objections to the receipt of the CAMU-eligible waste, to the department within 15 days of notification.(c) The department may object to the placement of the CAMU-eligible waste in the landfill within 30 days of notification; the department may extend the review period an additional 30 days because of public concerns or insufficient information.(d) CAMU-eligible wastes may not be placed in the landfill until the department has notified the facility owner or operator that the department does not object to its placement.(e) If the department objects to the placement or does not notify the facility owner or operator that the department has chosen not to object, the facility may not receive the waste, notwithstanding s. NR 670.004(1), until the objection has been resolved, or the owner or operator obtains a license or permit modification in accordance with the procedures of s. NR 670.042 specifically authorizing receipt of the waste.(f) As part of the license or permit issuance or license or permit modification process of sub. (4), the department may modify, reduce or eliminate the notification requirements of this subsection as they apply to specific categories of CAMU-eligible waste, based on minimal risk.(6) Generators of CAMU-eligible wastes sent off-site to a hazardous waste landfill under this section shall comply with the requirements of s. NR 668.07(1) (d); off-site facilities treating CAMU-eligible wastes to comply with this section shall comply with the requirements of s. NR 668.07(2) (d) or 40 CFR 268.7(b)(4), except that the certification shall be with respect to the treatment requirements of sub. (1) (b). (7) For the purposes of this section only, the "design of the CAMU" in s. NR 664.0552(5) (d) 5. e. means design of the licensed or permitted hazardous waste landfill.Wis. Admin. Code Department of Natural Resources NR 664.0555
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.