Section NR 668.49 - Alternative LDR treatment standards for contaminated soil(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.(b)Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition to the treatment required by par. (a), prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity or reactivity shall be treated to eliminate these characteristics.(c)Soils that contain nonanalyzable constituents. In addition to the treatment requirements of pars. (a) and (b), prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents: 1. For soil that contains only analyzable and nonanalyzable organic constituents, the analyzable organic constituents shall be treated to the levels specified in pars. (a) and (b).2. Soil that contains only nonanalyzable constituents shall be treated by the method or methods specified in s. NR 668.42 for the waste contained in the soil.(4) When applying the soil treatment standards in sub. (3), constituents subject to treatment are any constituents listed in s. NR 668.48, Table UTS that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, and zinc, and that are present at concentrations greater than ten times the universal treatment standard. PCBs are not a constituent subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals.(5) Treatment residuals from treating contaminated soil identified by sub. (1) as needing to comply with LDRs shall be managed as follows:(a) Soil residuals are subject to the treatment standards of this section.(b) Non-soil residuals are subject to all of the following requirements:1. Soils contaminated by listed hazardous waste are subject to the standards applicable to the listed hazardous waste under ch. 291, Stats., and chs. NR 660 to 673.2. Soils that exhibit a characteristic of hazardous waste, if the non-soil residual also exhibits a characteristic of hazardous waste, are subject to the treatment standards applicable to the characteristic hazardous waste.Wis. Admin. Code Department of Natural Resources NR 668.49
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (5) (b) 1. made under s. 13.93(2m) (b) 7, Stats., Register October 2007 No. 622.Amended by, correction in (5) (b) 1. made under s. 13.93(2m) (b) 7, Stats., Register October 2007 No. 622; CR 16-007: am. (1) Table, (4) Register July 2017 No. 739, eff.8/1/2017