Applicability

Applicability. (1) This chapter applies to the storage, transportation, treatment and disposal of all the following: (a) Contaminated soil which: 1. Is excavated as part of a response action conducted pursuant to chs. NR 700 to 754 , at sites or facilities subject to regulation under s. 289.67 , Stats., or ch. 292 , Stats., or sites where remedial action is being taken by a person who is seeking the liability exemption under s. 292.15 , Stats.; and 2. Is not a hazardous waste as defined in s. NR 660.10 (52) or 42 USC 6901 to 6991 , as amended. (b) Solid waste which: 1. Contains materials other than contaminated soil and is excavated during a response action conducted pursuant to chs. NR 700 to 754 , at sites or facilities subject to regulation under s. 289.67 , Stats., or ch. 292 , Stats., or sites where remedial action is being taken by a person who is seeking the liability exemption under s. 292.15 , Stats.; 2. Is not a hazardous waste as defined in s. NR 660.10 (52) or 42 USC 6901 to 6991 , as amended; and 3. Is replaced at the same site or facility from which it was excavated. (2) This chapter does not apply to landspreading facilities regulated under ch. NR 518 (solid waste), NR 204 (wastewater), or ATCP 40 (fertilizer waste).