Section NR 668.39 - Waste specific prohibitions - spent aluminum potliners, reactive and carbamate wastes(1) On July 8, 1996, the wastes specified in s. NR 661.0032 as EPA Hazardous waste numbers K156 to K159, and K161; and in s. NR 661.0033 as EPA hazardous waste numbers P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U278 to U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 to U411 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.(2) On July 8, 1996, the wastes identified in s. NR 661.0023 as D003 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. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. (These D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal as described in s. NR 668.40).(3) On September 21, 1998, the wastes specified in s. NR 661.0032 as EPA hazardous waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.(4) On April 8, 1998, radioactive wastes mixed with K088, K156 to K159, K161, P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U278 to U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 to U411 are prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.(5) Between July 8, 1996, and April 8, 1998, the wastes included in subs. (1), (3) and (4) may be disposed in a landfill or surface impoundment, only if the unit is in compliance with 40 CFR 268.5(h)(2).(6) The requirements of subs. (1) to (4) 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.(7) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator must 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 constituents in excess of the applicable subch. D levels, 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 668.39
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 16-007: am. (2), (6) (c) Register July 2017 No. 739, eff.8/1/2017Amended by, CR 19-082: am. (1) to (3) Register August 2020 No. 776, eff. 9/1/2020