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.

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)(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: