Chapter NR 668

NR 668.07(1)(f) (f) If a generator determines that the waste or contaminated soil is restricted based solely on the generator’s knowledge of the waste, all supporting data used to make this determination shall be retained on-site in the generator’s files. If a generator determines that the waste is restricted based on testing this waste or an extract developed using the test method 1311 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, incorporated by reference in s. NR 660.11, then all waste analysis data shall be retained on-site in the generator’s files.

NR 668.07(1)(g) (g) If a generator determines that the generator is managing a prohibited waste that is excluded from the definition of hazardous or solid waste or is not regulated under ch. 291, Stats., and chs. NR 660 to 673 pursuant to ss. NR 661.0002 to 661.0006 subsequent to the point of generation, including deactivated characteristic hazardous wastes managed in wastewater treatment systems subject to 33 USC 1342 as specified at s. NR 661.0004 (1) (b) or that are CWA-equivalent, the generator shall place a one-time notice describing the generation, subsequent exclusion from the definition of hazardous or solid waste or exemption from ch. 291, Stats., and chs. NR 660 to 673 regulation, and the disposition of the waste, in the facility’s on-site files.

NR 668.07(1)(h) (h) Generators shall retain on-site a copy of all notices, certifications, waste analysis data and other documentation produced pursuant to this section for at least 3 years from the date that the waste that is the subject of the documentation was last sent to on-site or off-site treatment, storage or disposal. The 3-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department. The requirements of this subsection apply to solid wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under ss. NR 661.0002 to 661.0006, or exempted from ch. 291, Stats., and chs. NR 660 to 673, subsequent to the point of generation.

NR 668.07(1)(i) (i) If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found at s. NR 668.42 (3), then the generator shall comply with all of the following:

NR 668.07(1)(i)1. 1. With the initial shipment of waste to a treatment facility, the generator shall submit a notice and place a copy in the generator’s file. The notice shall provide the information in column “668.07 (1) (i)” in the Generator Paperwork Requirements Table of par. (d), and shall include the following certification statement signed by an authorized representative:

I certify under penalty of law that I personally have examined and am familiar with the waste and that the lab pack contains only wastes that have not been excluded under ch. NR 668 Appendix IV and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs at s. NR 668.42 (3) [or 40 CFR 268.42(c)]. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment.

NR 668.07(1)(i)2. 2. No further notification is necessary until the time that the wastes in the lab pack change, or the receiving facility changes, in which case a new notice and certification shall be sent and a copy placed in the generator’s file.

NR 668.07(1)(i)3. 3. If the lab pack contains characteristic hazardous wastes (D001 to D008, and D010 to D043), the generator does not need to determine the underlying hazardous constituents, as defined in s. NR 668.02 (9).

NR 668.07(1)(i)4. 4. The generator shall also comply with the requirements in pars. (f) and (g).

NR 668.07(1)(j) (j) Small quantity generators with tolling agreements pursuant to s. NR 662.020 (5) shall comply with the applicable notification and certification requirements of this subsection for the initial shipment of the waste subject to the agreement. Generators shall retain on-site a copy of the notification and certification, together with the tolling agreement, for at least 3 years after termination or expiration of the agreement. The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.

NR 668.07(2) (2) Treatment facilities shall test their wastes according to the frequency specified in their waste analysis plans as required by s. NR 664.0013 (for licensed TSDs) or s. NR 665.0013 (for interim license facilities). Testing shall be performed as provided in pars. (a) to (c).

NR 668.07(2)(a) (a) For wastes or contaminated soil with treatment standards expressed in the waste extract (TCLP), the owner or operator of the treatment facility shall test an extract of the treatment residues, using test method 1311 (the Toxicity Characteristic Leaching Procedure, described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, incorporated by reference in s. NR 660.11) to assure that the treatment residues extract meet the applicable treatment standards.

NR 668.07(2)(b) (b) For wastes or contaminated soil with treatment standards expressed as concentrations in the waste, the owner or operator of the treatment facility shall test the treatment residues, not an extract of the residues, to assure that they meet the applicable treatment standards.

NR 668.07(2)(c) (c) A one-time notice shall be sent with the initial shipment of waste or contaminated soil to the land disposal facility. A copy of the notice shall be placed in the treatment facility’s file.

NR 668.07(2)(c)1. 1. No further notification is necessary until the waste or receiving facility change, in which case a new notice shall be sent and a copy placed in the treatment facility’s file.

NR 668.07(2)(c)2. 2. The one-time notice shall include all of the following requirements:

Treatment Facility Paperwork Requirements Table

NR 668.07(2)(d) (d) The treatment facility shall submit a one-time certification signed by an authorized representative with the initial shipment of waste or treatment residue of a restricted waste to the land disposal facility. The certification shall state:

I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with the treatment standards specified in s. NR 668.40 [or 40 CFR 268.40] without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.

A certification is also necessary for contaminated soil and it shall state the following:

I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification and believe that it has been maintained and operated properly so as to comply with treatment standards specified in s. NR 668.49 [or 40 CFR 268.49] without impermissible dilution of the prohibited wastes. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.

NR 668.07(2)(d)1. 1. A copy of the certification shall be placed in the treatment facility’s on-site files. If the waste or treatment residue changes, or the receiving facility changes, a new certification shall be sent to the receiving facility, and a copy placed in the treatment facility’s on-site file.

NR 668.07(2)(d)2. 2. Debris excluded from the definition of hazardous waste under s. NR 661.0003 (6) (i.e., debris treated by an extraction or destruction technology provided by s. NR 668.45, Table 1, and debris that the department has determined does not contain hazardous waste), is subject to the notification and certification requirements of sub. (4) rather than the certification requirements of this subsection.

NR 668.07(2)(d)3. 3. For wastes with organic constituents having treatment standards expressed as concentration levels, if compliance with the treatment standards is based in whole or in part on the analytical detection limit alternative specified in s. NR 668.40 (4), then the certification, signed by an authorized representative, shall state the following:

I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the nonwastewater organic constituents have been treated by combustion units as specified in s. NR 668.42 [or 40 CFR 268.42], Table 1. I have been unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to analyze for these constituents. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.

NR 668.07(2)(d)4. 4. For characteristic wastes that are subject to the treatment standards in s. NR 668.40, other than those expressed as a method of treatment, or s. NR 668.49, and that contain underlying hazardous constituents as defined in s. NR 668.02 (9); if these wastes are treated on-site to remove the hazardous characteristic; and are then sent off-site for treatment of underlying hazardous constituents, the certification shall state the following:

I certify under penalty of law that the waste has been treated in accordance with the requirements of s. NR 668.40 or 668.49 [or 40 CFR 268.40 or 268.49] to remove the hazardous characteristic. This decharacterized waste contains underlying hazardous constituents that require further treatment to meet treatment standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.

NR 668.07(2)(d)5. 5. For characteristic wastes that contain underlying hazardous constituents as defined in s. NR 668.02 (9) that are treated on-site to remove the hazardous characteristic, and to treat underlying hazardous constituents to meet the universal treatment standards in s. NR 668.48, the certification shall state the following:

I certify under penalty of law that the waste has been treated in accordance with the requirements of s. NR 668.40 [40 CFR 268.40] to remove the hazardous characteristic and that underlying hazardous constituents, as defined in s. NR 668.02 (9) have been treated on-site to meet the universal treatment standards under s. NR 668.48 [or 40 CFR 268.48]. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.

NR 668.07(2)(e) (e) If the waste or treatment residue will be further managed at a different treatment, storage or disposal facility, the treatment, storage or disposal facility sending the waste or treatment residue off-site shall comply with the notice and certification requirements applicable to generators under this section.

NR 668.07(2)(f) (f) Where the wastes are recyclable materials used in a manner constituting disposal subject to the provisions of s. NR 666.020 (2) regarding treatment standards and prohibition levels, the owner or operator of a treatment facility (for instance, the recycler) shall, for the initial shipment of waste, prepare a one-time certification described in par. (d), and a one-time notice which includes the information in par. (c) (except the manifest number).  The certification and notification shall be placed in the facility’s on-site files. If the waste or the receiving facility changes, a new certification and notification shall be prepared and placed in the on-site files. In addition, the recycling facility shall also keep records of the name and location of each entity receiving the hazardous waste-derived product.

NR 668.07(3) (3) Except where the owner or operator is disposing of any waste that is a recyclable material used in a manner constituting disposal pursuant to s. NR 666.020 (2), the owner or operator of any land disposal facility disposing any waste subject to restrictions under this chapter shall comply with all of the following:

NR 668.07(3)(a) (a) Have copies of the notice and certifications specified in subs. (1) and (2).

NR 668.07(3)(b) (b) Test the waste, or an extract of the waste or treatment residue developed using test method 1311 (the Toxicity Characteristic Leaching Procedure), described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, incorporated by reference in s. NR 660.11), to assure that the wastes or treatment residues are in compliance with the applicable treatment standards set forth in subch. D. This testing shall be performed according to the frequency specified in the facility’s waste analysis plan as required by s. NR 664.0013 or 665.0013.

NR 668.07(4) (4) Generators or treaters who claim that hazardous debris is excluded from the definition of hazardous waste under s. NR 661.0003 (6) (i.e., debris treated by an extraction or destruction technology provided by s. NR 668.45, Table 1, and debris that the department has determined does not contain hazardous waste) are subject to all of the following notification and certification requirements:

NR 668.07(4)(a) (a) A one-time notification, including the following information, shall be submitted to the department:

NR 668.07(4)(a)1. 1. The name and address of the approved facility for solid waste disposal which is receiving the treated debris.

NR 668.07(4)(a)2. 2. A description of the hazardous debris as initially generated, including the applicable EPA hazardous waste number or numbers.

NR 668.07(4)(a)3. 3. For debris excluded under s. NR 661.0003 (6) (a), the technology from s. NR 668.45, Table 1, used to treat the debris.

NR 668.07(4)(b) (b) The notification shall be updated if the debris is shipped to a different facility, and, for debris excluded under s. NR 661.0002 (5) (a), if a different type of debris is treated or if a different technology is used to treat the debris.

NR 668.07(4)(c) (c) For debris excluded under s. NR 661.0003 (6) (a), the owner or operator of the treatment facility shall document and certify compliance with the treatment standards of s. NR 668.45, Table 1, by meeting all of the following criteria:

NR 668.07(4)(c)1. 1. The owner or operator of the treatment facility shall keep records of all inspections, evaluations and analyses of treated debris that are made to determine compliance with the treatment standards.

NR 668.07(4)(c)2. 2. The owner or operator of the treatment facility shall keep records of any data or information the treatment facility obtains during treatment of the debris that identifies key operating parameters of the treatment unit.

NR 668.07(4)(c)3. 3. For each shipment of treated debris, a certification of compliance with the treatment standards shall be signed by an authorized representative and placed in the facility’s files. The certification shall state the following: “I certify under penalty of law that the debris has been treated in accordance with the requirements of s. NR 668.45. I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment.”

NR 668.07(5) (5) If the department determines that a contaminated soil subject to LDRs as provided in s. NR 668.49 (1) no longer contains a listed hazardous waste, or if a generator or treater determines that a contaminated soil subject to LDRs as provided in s. NR 668.49 (1) no longer exhibits a characteristic of hazardous waste, then the generator or treater shall meet all of the following conditions:

NR 668.07(5)(a) (a) Prepare a one-time only documentation of these determinations including all supporting information.

NR 668.07(5)(b) (b) Maintain that information in the facility files and other records for a minimum of 3 years.

NR 668.07 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) (a), (b), (c) 1., (d), (2) (f) Register July 2017 No. 739, eff. 8-1-17; correction in (1) (a) made under s. 35.17, Stats., Register July 2017 No. 739; CR 19-082: am. (title), (1) (intro.), (c) 3., (d) Table, (e), (g), (h), (2) (c) 2., (d) 2. , r. and recr. (2) (f), am. (4) (intro.), (a) 3., (b), and (c) (intro.) Register August 2020 No. 776, eff. 9-1-20; correction in (1) (e), (2) (Table) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (1) (j), (2) (f) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 668.09 NR 668.09 Special rules regarding wastes that exhibit a characteristic.

NR 668.09(1) (1) The initial generator of a solid waste shall determine each EPA hazardous waste number (waste code) applicable to the waste to determine the applicable treatment standards under subch. D. This determination may be made concurrently with the hazardous waste determination required in s. NR 662.011. For purposes of this chapter, the waste will carry the waste code for any applicable listed waste (subch. D of ch. NR 661). In addition, where the waste exhibits a characteristic, the waste will carry one or more of the characteristic waste codes (subch. C of ch. NR 661), except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in sub. (2). If the generator determines that their waste displays a hazardous characteristic, and is not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM under s. NR 668.42, Table 1, then the generator shall determine the underlying hazardous constituents, as defined by s. NR 668.02 (9), in the characteristic waste.

NR 668.09(2) (2) Where a prohibited waste is both listed under subch. D of ch. NR 661 and exhibits a characteristic under subch. C of ch. NR 661, the treatment standard for the waste code listed in subch. D of ch. NR 661 will operate in lieu of the standard for the waste code under subch. C of ch. NR 661, if the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste shall meet the treatment standards for all applicable listed and characteristic waste codes.

NR 668.09(3) (3) In addition to any applicable standards determined from the initial point of generation, no prohibited waste that exhibits a characteristic under subch. C of ch. NR 661 may be land disposed unless the waste complies with the treatment standards under subch. D.

NR 668.09(4) (4) Wastes that exhibit a characteristic are also subject to s. NR 668.07, except that once the waste is no longer hazardous, a one-time notification and certification shall be placed in the generator’s or treater’s on-site files. The notification and certification that is placed in the generator’s or treater’s files shall be updated if the process or operation generating the waste changes or if the approved facility for solid waste disposal receiving the waste changes.

NR 668.09(4)(a) (a) The notification shall include all of the following information:

NR 668.09(4)(a)1. 1. Name and address of the approved facility for solid waste disposal which is receiving the waste shipment.

NR 668.09(4)(a)2. 2. A description of the waste as initially generated, including the applicable EPA hazardous waste code or codes, treatability group or groups, and underlying hazardous constituents, as defined in s. NR 668.02 (9), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.

NR 668.09(4)(b) (b) The certification shall be signed by an authorized representative and shall include the language in s. NR 668.07 (2) (d). If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification in s. NR 668.07 (2) (d) 4. applies.

NR 668.09 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1), (4) (intro.), Register July 2017 No. 739, eff. 8-1-17.

subch. B of ch. NR 668 Subchapter B — Schedule for Land Disposal Prohibition and Establishment of Treatment Standards

NR 668.14 NR 668.14 Surface impoundment exemptions.

NR 668.14(1) (1) This section defines additional circumstances under which an otherwise prohibited waste may continue to be placed in a surface impoundment.

NR 668.14(2) (2) Wastes which are newly identified or listed under 42 USC 6921 after November 8, 1984, and stored in a surface impoundment that is newly subject to ch. 291, Stats., and chs. NR 660 to 673 as a result of the additional identification or listing, may continue to be stored in the surface impoundment for 48 months after the promulgation of the additional listing or characteristic, not withstanding that the waste is otherwise prohibited from land disposal, if the surface impoundment is in compliance with the requirements of subch. F of ch. NR 665 within 12 months after promulgation of the new listing or characteristic.

NR 668.14(3) (3) Wastes which are newly identified or listed under 42 USC 6921 after November 8, 1984, and treated in a surface impoundment that is newly subject to ch. 291, Stats., and chs. NR 660 to 673 as a result of the additional identification or listing, may continue to be treated in that surface impoundment, not withstanding that the waste is otherwise prohibited from land disposal, if the surface impoundment is in compliance with subch. F of ch. NR 665 within 12 months after the promulgation of the new listing or characteristic. In addition, if the surface impoundment continues to treat hazardous waste after 48 months from promulgation of the additional listing or characteristic, it must then be in compliance with s. NR 668.04.

NR 668.14 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. C of ch. NR 668 Subchapter C — Prohibitions on Land Disposal

NR 668.20 NR 668.20 Waste specific prohibitions – Dyes or pigments production wastes.

NR 668.20(1) (1) Effective August 23, 2005, the waste specified in ch. NR 661 and 40 CFR part 261 as hazardous waste number K181, and soil and debris contaminated with this waste, radioactive wastes mixed with this waste and soil and debris contaminated with radioactive wastes mixed with this waste are prohibited from land disposal.

NR 668.20(2) (2) The requirements of sub. (1) do not apply if:

NR 668.20(2)(a) (a) The wastes meet the applicable treatment standards specified in subch. D of ch. NR 668.

NR 668.20(2)(b) (b) The facility has been granted an exemption from a prohibition pursuant to a petition under s. NR 668.06, with respect to those wastes and units covered by the petition.

NR 668.20(2)(c) (c) The wastes meet the applicable treatment standards established pursuant to a petition granted under s. NR 668.44.

NR 668.20(2)(d) (d) Hazardous debris has met the treatment standards in s. NR 668.40 or the alternative treatment standards in s. NR 668.45.

NR 668.20(2)(e) (e) The facility has been granted an extension to the effective date of a prohibition pursuant to s. NR 668.05, with respect to these wastes covered by the extension.

NR 668.20(3) (3) To determine whether a hazardous waste identified in this subsection 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 of the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable subch. D of ch. NR 668 levels, the waste is prohibited from land disposal, and all requirements of ch. NR 668 are applicable, except as otherwise specified.

NR 668.20 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) (a) to (e), (3) made under s. 35.17, Stats., Register July 2017 No. 739.

NR 668.30 NR 668.30 Waste specific prohibitions — wood preserving wastes.

NR 668.30(1) (1) Effective August 11, 1997, the wastes specified in ch. NR 661 as EPA Hazardous Waste numbers F032, F034, and F035 are prohibited from land disposal.

NR 668.30(2) (2) Effective May 12, 1999, soil and debris contaminated with F032, F034, F035; and radioactive wastes mixed with EPA Hazardous waste numbers F032, F034, and F035 are prohibited from land disposal.

NR 668.30(3) (3) Between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034, F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in a landfill or surface impoundment only if the unit is in compliance with the requirements specified in 40 CFR 268.5(h)(2).

NR 668.30(4) (4) The requirements of sub. (1) and (2) do not apply if any of the following conditions are met:

NR 668.30(4)(a) (a) The wastes meet the applicable treatment standards specified in subch. D.

NR 668.30(4)(b) (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.

NR 668.30(4)(c) (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).

NR 668.30(4)(d) (d) Persons have been granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to those wastes covered by the extension.

NR 668.30(5) (5) To determine whether a hazardous waste identified in this chapter 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 constituents in excess of the applicable universal treatment standard levels of s. NR 668.48, the waste is prohibited from land disposal, and all requirements of ch. NR 668 are applicable, except as otherwise specified.

NR 668.30 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (4) (c) Register July 2017 No. 739, eff. 8-1-17.

NR 668.31 NR 668.31 Waste specific prohibitions — dioxin-containing wastes.

NR 668.31(1) (1) Effective November 8, 1988, the dioxin-containing wastes specified in s. NR 661.0031 as EPA hazardous waste numbers F020, F02l, F022, F023, F026, F027, and F028, are prohibited from land disposal, unless the F020 to F023 and F026 to F028 dioxin-containing waste is contaminated soil and debris resulting from a response action taken under 42 USC 9604 or 9606 or a corrective action taken under ch. 292, Stats.

NR 668.31(2) (2) Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-containing wastes listed in sub. (1) are prohibited from land disposal.