Section NR 668.34 - Waste specific prohibitions - toxicity characteristic metal wastes(1) Effective August 24, 1998, the newly identified wastes specified in ch. NR 661 as EPA hazardous waste numbers D004 to D011 (i.e. wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure), and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specifications at ch. NR 661are prohibited from land disposal.(2) Effective November 26, 1998, slag from secondary lead smelting which exhibits the toxicity characteristic due to the presence of one or more metals is prohibited from land disposal.(3) Effective May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with newly identified wastes specified in EPA hazardous waste numbers D004 to D011 (i.e., wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure); or mixed with newly identified characteristic mineral processing wastes, soil, or debris are prohibited from land disposal.(4) Between May 26, 1998 and May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing, radioactive waste mixed with D004 to D011 wastes that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure), or mixed with newly identified characteristic mineral processing wastes, soil, or debris may be disposed in a landfill or surface impoundment only if the unit is in compliance with 40 CFR 268.5(h).(5) The requirements of subs. (1) and (2) do not apply if: (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.(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.(6) 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 concentration in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents (including underlying hazardous constituents in characteristic wastes) in excess of the applicable universal treatment standard levels of s. NR 668.48, then the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.Wis. Admin. Code Department of Natural Resources NR 668.34
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.