NR 661.0003(1)(b)5.b.b. The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons, or CFCs, removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
NR 661.0003(2)(2)A solid waste not excluded from regulation under sub. (1) (a) becomes a hazardous waste when any of the following events occur:
NR 661.0003(2)(a)(a) In the case of a waste listed in subch. D, when the waste first meets the listing description set forth in subch. D.
NR 661.0003(2)(b)(b) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in subch. D is first added to the solid waste.
NR 661.0003(2)(c)(c) In the case of any other waste, including a waste mixture, when the waste exhibits any of the characteristics identified in subch. C.
NR 661.0003(3)(3)Unless and until it meets the criteria of sub. (4):
NR 661.0003(3)(a)(a) A hazardous waste will remain a hazardous waste.
NR 661.0003(3)(b)(b)
NR 661.0003(3)(b)1.1. Except as otherwise provided in subd. 2. or sub. (7) or (8), any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash emission control dust, or leachate, but not including precipitation run-off, is a hazardous waste. However, materials that are reclaimed from solid wastes and that are used beneficially are not solid wastes and hence are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.
NR 661.0003(3)(b)2.2. Unless they exhibit one or more of the characteristics of hazardous waste, none of the following solid wastes are hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste:
NR 661.0003(3)(b)2.a.a. Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry, SIC Codes 331 and 332, as incorporated by reference in s. NR 660.11.
NR 661.0003(3)(b)2.b.b. Waste from burning any of the materials exempted from regulation by s. NR 661.0006 (1) (c) 3. and 4.
NR 661.0003(3)(b)2.c.c. 1) Nonwastewater residues, such as slag, resulting from high temperature metals recovery or HTMR processing of K061, K062 or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces as defined in s. NR 660.10 (60) (f), (g), and (m), that are disposed in approved solid waste disposal facilities, if these residues meet the generic exclusion levels identified in Table 2 for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements shall be incorporated in a facility’s waste analysis plan or a generator’s self-implementing waste analysis plan. At a minimum, composite samples of residues shall be collected and analyzed quarterly and when the process or operation generating the waste changes. A person claiming this exclusion in an enforcement action has the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.
Table 2
- See PDF for table PDF
2) A one-time notification and certification shall be placed in the facility’s files and sent to the department for K061, K062 or F006 HTMR residues that meet the generic exclusion levels for all constituents, and do not exhibit any characteristics of hazardous waste, that are sent to approved solid waste disposal facilities. 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 solid waste disposal facility receiving the waste changes. However, the generator or treater need only notify the department on an annual basis if such changes occur. Such notification and certification shall be sent to the department by the end of the calendar year. The notification shall include the following information: The name and address of the approved solid waste disposal facility receiving the waste shipments; the EPA hazardous waste number and treatability group at the initial point of generation; and the treatment standards applicable to the waste at the initial point of generation. The certification shall be signed by an authorized representative and shall state as follows: “I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.”
NR 661.0003(3)(b)2.d.d. Biological treatment sludge from the treatment of one of the following wastes listed in s. NR 661.0032: organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes, EPA Hazardous Waste No. K156; and wastewaters from the production of carbamates and carbamoyl oximes, EPA Hazardous Waste No. K157.
NR 661.0003(3)(b)2.e.e. Catalyst inert support media separated from one of the following wastes listed in s. NR 661.0032: spent hydrotreating catalyst, EPA Hazardous Waste No. K171; and spent hydrorefining catalyst, EPA Hazardous Waste No. K172.
NR 661.0003(4)(4)Any solid waste described in sub. (3) is not a hazardous waste if it meets the following criteria:
NR 661.0003(4)(a)(a) In the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste identified in subch. C. However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements under ch. NR 668, even if they no longer exhibit a characteristic at the point of land disposal.
NR 661.0003(4)(b)(b) In the case of a waste that is a listed waste under subch. D, contains a waste listed under subch. D, or is derived from a waste listed in subch. D, it also has been excluded from sub. (3) under ss. NR 660.20 and 660.22.
NR 661.0003(6)(6)Notwithstanding subs. (1) to (4) and provided the debris as defined in ch. NR 668 does not exhibit a characteristic identified in subch. C, none of the following materials is subject to regulation under ch. NR 660, 661 to 666, 668, or 670:
NR 661.0003(6)(a)(a) Hazardous debris as defined in ch. NR 668 that has been treated using one of the required extraction or destruction technologies specified in Table 1 of s. NR 668.45. Persons claiming this exclusion in an enforcement action have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.
NR 661.0003(6)(b)(b) Debris, as defined in ch. NR 668, that the department, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.
NR 661.0003(7)(7)
NR 661.0003(7)(a)(a) A hazardous waste that is listed in subch. D solely because it exhibits one or more characteristics of ignitability as defined under s. NR 661.0021, corrosivity as defined under s. NR 661.0022, or reactivity as defined under s. NR 661.0023 is not a hazardous waste if the waste no longer exhibits any characteristic of hazardous waste identified in subch. C.
NR 661.0003(7)(b)(b) The exclusion described in par. (a) also pertains to all of the following:
NR 661.0003(7)(b)1.1. Any mixture of a solid waste and a hazardous waste listed in subch. D solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under sub. (1) (b) 4.
NR 661.0003(7)(b)2.2. Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in subch. D solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under sub. (3) (b) 1.