NR 660.07 Note
Note: EPA notification form 8700-12 may be obtained from:
NR 660.07 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 660.10
NR 660.10
Definitions. Terms not defined in this section or elsewhere in
chs. NR 660 to
679 have the meanings given them in
ch. 291, Stats. When used in
chs. NR 660 to
679, the following terms have the following meanings:
NR 660.10(1)
(1) "Above ground tank" means a device meeting the definition of "tank" in this section and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.
NR 660.10(2)
(2) "Active life" of a facility means the period from the initial receipt of hazardous waste at the facility until the department receives certification of final closure.
NR 660.10(3)
(3) "Active portion" means that portion of a facility where treatment, storage or disposal operations are being or have been conducted after August 1, 2006 and which is not a closed portion.
NR 660.10 Note
Note: See also "closed portion" and "inactive portion".
NR 660.10(4)
(4) "Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves and pumps, that is used to distribute, meter or control the flow of hazardous waste from its point of generation to a storage or treatment tank or tanks, between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal off-site.
NR 660.10(5)
(5) "Aquifer" means a geologic formation, group of formations or part of a formation capable of yielding a significant amount of ground water to wells or springs.
NR 660.10(6)
(6) "Authorized representative" means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.
NR 660.10(7)
(7) "Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.
NR 660.10(8)
(8) "Boiler" means an enclosed device using controlled flame combustion and having all of the characteristics in
par. (a) or the characteristic in
par. (b):
NR 660.10(8)(a)1.1. The unit shall have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases.
NR 660.10(8)(a)2.
2. The unit's combustion chamber and primary energy recovery sections shall be of integral design. To be of integral design, the combustion chamber and the primary energy recovery sections (such as waterwalls and superheaters) shall be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery sections are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units.
NR 660.10(8)(a)3.
3. While in operation, the unit shall maintain a thermal energy recovery efficiency of at least 60%, calculated in terms of the recovered energy compared with the thermal value of the fuel.
NR 660.10(8)(a)4.
4. The unit shall export and utilize at least 75% of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps).
NR 660.10(8)(b)
(b) The unit is one which the department has determined, on a case-by-case basis, to be a boiler, after considering the standards in
s. NR 660.32.
NR 660.10(9)
(9) "Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon.
NR 660.10(10)
(10) "Certification" means a statement of professional opinion based upon knowledge and belief.
NR 660.10(11)
(11) "Closed portion" means that portion of a facility which an owner or operator has closed according to the approved facility closure plan and all applicable closure requirements.
NR 660.10 Note
Note: See also "active portion" and "inactive portion".
NR 660.10(12)
(12) "Component" means either the tank or ancillary equipment of a tank system.
NR 660.10(13)
(13) "Confined aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.
NR 660.10(14)
(14) "Container" means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.
NR 660.10(16)
(16) "Contingency plan" means a document setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
NR 660.10(17)
(17) "Corrosion expert" means a person who, by reason of the person's knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be certified as being qualified by the national association of corrosion engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.
NR 660.10(18)
(18) "Construct" means to engage in a program of on-site construction including but not limited to the erection or building of new structures, replacement, expansion, remodeling, alteration or extension of existing structures, the acquisition and installation of initial equipment associated with the new or expanded, remodeled structures, and site clearing, grading, dredging or landfilling.
NR 660.10(19)
(19) "Critical habitat" means any habitat determined by the department to be critical to the continued existence of any threatened or endangered species listed in
ch. NR 27.
NR 660.10(19m)
(19m) "CWA" or "Clean Water Act" means the Federal Water Pollution Control Act,
33 USC 1251 to
1387, and regulations adopted under that act.
NR 660.10(20)
(20) "Department" means the Wisconsin department of natural resources.
NR 660.10(21)
(21) "Designated facility" means a hazardous waste treatment, storage or disposal facility which 1) has received a license (or interim license) according to
ch. NR 670,
2) has received a permit (or interim permit) from a state authorized according to
40 CFR part 271 or
3) is regulated under
s. NR 661.06 (3) (b) or subch.
F of ch. NR 666, and
4) that has been designated on the manifest by the generator pursuant to
s. NR 662.020. "Designated facility" also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste according to
s. NR 664.0072 (6) or
665.0072 (6). If a waste is destined to a facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility shall be a facility allowed by the receiving state to accept such waste.
NR 660.10(22)
(22) "Destination facility" means a facility that treats, disposes of or recycles a particular category of universal waste, except those management activities described in
subs. (1) and
(3) of
ss. NR 673.13 and
673.33. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.
NR 660.10(23)
(23) "Dike" means an embankment or ridge of either natural or human-made materials used to prevent the movement of liquids, sludges, solids or other materials.
NR 660.10(24)
(24) "Dioxins and furans (D/F)" means tetra, penta, hexa, hepta and octa-chlorinated dibenzo dioxins and furans.
NR 660.10(25)
(25) "Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous waste into or on any land or water.
NR 660.10(26)
(26) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
NR 660.10(27)
(27) "Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.
NR 660.10(28)
(28) "Drip pad" is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation and surface water run-on to an associated collection system at wood preserving plants.
NR 660.10(29)
(29) "Elementary neutralization unit" means a device which meets all of the following conditions:
NR 660.10(29)(a)
(a) Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in
s. NR 661.22, or they are listed in subch.
D of ch. NR 661 only for this reason.
NR 660.10(29)(b)
(b) Meets the definition of tank, tank system, container, transport vehicle or vessel in this section.
NR 660.10(30)
(30) "Enforceable document " means a special order, variance, license or plan approval issued by the department.
NR 660.10(31)
(31) "EPA" means the United States environmental protection agency.
NR 660.10(32)
(32) "EPA administrator" means the administrator of the EPA or anyone designated to act for the administrator of the EPA.
NR 660.10(34)
(34) "EPA identification number" means the number assigned by EPA to each generator, transporter, and treatment, storage or disposal facility.
NR 660.10(35)
(35) "EPA region" means the states and territories found in any one of the following 10 regions:
Region I—Maine, Vermont, New Hampshire, Massachusetts, Connecticut and Rhode Island.
Region II—New York, New Jersey, Commonwealth of Puerto Rico and the U.S. Virgin Islands.
Region III—Pennsylvania, Delaware, Maryland, West Virginia, Virginia and the District of Columbia.
Region IV—Kentucky, Tennessee, North Carolina, Mississippi, Alabama, Georgia, South Carolina and Florida.
Region V—Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI—New Mexico, Oklahoma, Arkansas, Louisiana and Texas.
Region VII—Nebraska, Kansas, Missouri and Iowa.
Region VIII—Montana, Wyoming, North Dakota, South Dakota, Utah and Colorado.
Region IX—California, Nevada, Arizona, Hawaii, Guam, American Samoa, Commonwealth of the Northern Mariana Islands.
Region X—Washington, Oregon, Idaho and Alaska.
NR 660.10(37)
(37) "Existing hazardous waste management (HWM) facility" or "existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if
par. (a) and either
par. (b) 1. or
2. are met:
NR 660.10(37)(a)
(a) The owner or operator has obtained the federal, state and local approvals or licenses necessary to begin physical construction.
NR 660.10(37)(b)2.
2. The owner or operator has entered into contractual obligations - which cannot be canceled or modified without substantial loss - for physical construction of the facility to be completed within a reasonable time.
NR 660.10(38)
(38) "Existing portion" means that land surface area of an existing waste management unit, included in the original Part A of the license application, on which wastes have been placed prior to the issuance of a license.
NR 660.10(39)
(39) "Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to March 1, 1991. Installation will be considered to have commenced if the owner or operator has obtained all federal, state and local approvals or licenses necessary to begin physical construction of the site or installation of the tank system and if either 1) a continuous on-site physical construction or installation program has begun or 2) the owner or operator has entered into contractual obligations—which cannot be canceled or modified without substantial loss—for physical construction of the site or installation of the tank system to be completed within a reasonable time.
NR 660.10(40)
(40) "Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate or eliminate the threat.
NR 660.10(41)
(41) "Explosives or munitions emergency response" means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions or transporting those items to another location to be rendered safe, treated or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at hazardous waste management facilities.
NR 660.10(42)
(42) "Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures or destruction techniques. Explosives or munitions emergency response specialists include department of defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU) and DOD-certified civilian or contractor personnel; and other federal, state or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.
NR 660.10(43)(a)
(a) All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing or disposing of hazardous waste. A facility may consist of several treatment, storage or disposal operational units (e.g., one or more landfills, surface impoundments or combinations of them).
NR 660.10(43)(b)
(b) For the purpose of implementing corrective action under
s. NR 664.0101, all contiguous property under the control of the owner or operator seeking a license under
ch. 291, Stats., and
42 USC 6928 (h). This definition also applies to facilities implementing corrective action under s.
291.37, Stats., and
42 USC 6928(h).
NR 660.10(43)(c)
(c) Notwithstanding
par. (b), a remediation waste management site is not a facility that is subject to
s. NR 664.0101, but is subject to corrective action requirements if the site is located within such a facility.
NR 660.10(44)
(44) "Federal agency" means any department, agency or other instrumentality of the federal government, any independent agency or establishment of the federal government including any government corporation, and the government printing office.
NR 660.10(45)
(45) "Federal, state and local approvals or licenses necessary to begin physical construction" means licenses and approvals required under federal, state or local hazardous waste control statutes, regulations, rules or ordinances.
NR 660.10(46)
(46) "Final closure" means the closure of all hazardous waste management units at the facility according to all applicable closure requirements so that hazardous waste management activities under
chs. NR 664 and
665 are no longer conducted at the facility unless subject to the provisions in
s. NR 662.034.
NR 660.10(47)
(47) "Food chain crops" means tobacco, crops grown for human consumption and crops grown for feed for animals whose products are consumed by humans.
NR 660.10(48)
(48) "Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.
NR 660.10(49)
(49) "Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.
NR 660.10(50)
(50) "Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in
ch. NR 661 or whose act first causes a hazardous waste to become subject to regulation.
NR 660.10(51)
(51) "Ground water" means water below the land surface in a zone of saturation.
NR 660.10(53)
(53) "Hazardous waste constituent" means a constituent that caused the department to list the hazardous waste in subch.
D of ch. NR 661, or a constituent listed in table 1 of
s. NR 661.24.
NR 660.10(54)
(54) "Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.
NR 660.10(55)
(55) "In operation" refers to a facility which is treating, storing or disposing of hazardous waste.
NR 660.10(56)
(56) "Inactive portion" means that portion of a facility which is not operated after August 1, 2006.
