Section NR 668.33 - Waste specific prohibitions - chlorinated aliphatic wastes(1) Effective May 8, 2001, the wastes specified in ch. NR 661 as EPA hazardous wastes numbers K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.(2) The requirements of sub. (1) do not apply if any of the following conditions are met: (a) The wastes meet the applicable treatment standards specified in subch. D.(b) Persons have been 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) Hazardous debris has met the treatment standards in s. NR 668.40 or the alternative treatment standards in s. NR 668.45.(e) Persons have been 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.(3) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable levels of subch. D, the waste is prohibited from land disposal, and all requirements of ch. NR 668 are applicable, except as otherwise specified.(4) Disposal of K175 wastes which comply with all applicable s. NR 668.40 treatment standards shall also be macroencapsulated in accordance with s. NR 668.45, Table 1 unless one of the following conditions is met:(a) The waste is placed in a hazardous waste monofill which meets the requirements of ch. 291, Stats., and chs. NR 660 to 673. The monofill shall contain only K175 wastes that meet all applicable s. NR 668.40 treatment standards.(b) The waste is placed in a dedicated hazardous waste landfill cell which meets the requirements of ch. 291, Stats., and chs. NR 660 to 673 and in which all other wastes being co-disposed are at pH=6.0.Wis. Admin. Code Department of Natural Resources NR 668.33
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 16-007: am. (2) (c) Register July 2017 No. 739, eff.8/1/2017