Section NR 668.03 - Dilution prohibited as a substitute for treatment(1) Except as provided in sub. (2), no generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility may in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with subch. D, to circumvent the effective date of a prohibition in subch. C, to otherwise avoid a prohibition in subch. C, or to circumvent a land disposal prohibition imposed by 42 USC 6924.(2) Dilution of wastes that are hazardous only because they exhibit a characteristic in treatment systems which include land-based units which treat wastes subsequently discharged to a water of the State pursuant to a permit issued under section s. 283.31, Stats., or which treat wastes in a CWA-equivalent treatment system, or which treat wastes for the purposes of pretreatment requirements under ss. 283.11 and 283.21, Stats., is not impermissible dilution for purposes of this section unless a method other than DEACT has been specified in s. NR 668.40 as the treatment standard, or unless the waste is a D003 reactive cyanide wastewater or nonwastewater.(3) Combustion of the hazardous waste codes listed in ch. NR 668 Appendix XI is prohibited, unless the waste, at the point of generation, or after any bona fide treatment such as cyanide destruction prior to combustion, complies with one or more of the criteria in pars. (a) to (f), and is not otherwise specifically prohibited from combustion: (a) The waste contains hazardous organic constituents or cyanide at levels exceeding the constituent-specific treatment standard found in s. NR 668.48.(b) The waste consists of organic, debris-like materials, for example, wood, paper, plastic, or cloth, contaminated with an inorganic metal-bearing hazardous waste.(c) The waste, at point of generation, has reasonable heating value, for example, greater than or equal to 5000 BTU per pound.(d) The waste is co-generated with wastes for which combustion is a required method of treatment.(e) The waste is subject to federal or Wisconsin requirements necessitating reduction of organics, including biological agents.(f) The waste contains greater than one% total organic carbon (TOC).(4) Persons may not add iron filings or other metallic forms of iron to lead-containing hazardous wastes in order to achieve any land disposal restriction treatment standard for lead. Lead-containing wastes include all of the following: (a) D008 wastes which exhibit a characteristic due to the presence of lead.(b) All characteristic wastes containing lead as an underlying hazardous constituent.(c) Listed wastes containing lead as a regulated constituent.(d) Hazardous media containing any of the lead-containing wastes in this subsection.Wis. Admin. Code Department of Natural Resources NR 668.03
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.