"CWA" or "Clean Water Act" means the Federal Water Pollution Control Act, 33 USC 1251
, and regulations adopted under that act.
"Department" means the Wisconsin department of natural resources.
"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
) has received a permit (or interim permit) from a state authorized according to 40 CFR part 271
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.
"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)
of ss. NR 673.13
. 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.
"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.
"Dioxins and furans (D/F)" means tetra, penta, hexa, hepta and octa-chlorinated dibenzo dioxins and furans.
"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.
"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.
"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.
"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.
"Elementary neutralization unit" means a device which meets all of the following conditions:
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.
Meets the definition of tank, tank system, container, transport vehicle or vessel in this section.
"Enforceable document " means a special order, variance, license or plan approval issued by the department.
"EPA" means the United States environmental protection agency.
"EPA administrator" means the administrator of the EPA or anyone designated to act for the administrator of the EPA.
"EPA identification number" means the number assigned by EPA to each generator, transporter, and treatment, storage or disposal facility.
"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.
"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.
The owner or operator has obtained the federal, state and local approvals or licenses necessary to begin physical construction.
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.
"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.
"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.
"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.
"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.
"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.
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).
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
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.
"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.
"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.
"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
are no longer conducted at the facility unless subject to the provisions in s. NR 662.034
"Food chain crops" means tobacco, crops grown for human consumption and crops grown for feed for animals whose products are consumed by humans.
"Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.
"Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.
"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.
"Ground water" means water below the land surface in a zone of saturation.
"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
"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.
"In operation" refers to a facility which is treating, storing or disposing of hazardous waste.
"Inactive portion" means that portion of a facility which is not operated after August 1, 2006.
NR 660.10 Note
Note: See also "active portion" and "closed portion".
"Incinerator" means any enclosed device that is one of the following:
Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer or carbon regeneration unit, nor is listed as an industrial furnace.
Meets the definition of infrared incinerator or plasma arc incinerator.
"Incompatible waste" means a hazardous waste which is unsuitable for one of the following:
Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls).
Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.
"Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.
"Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:
Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters and foundry furnaces).
Combustion devices used in the recovery of sulfur values from spent sulfuric acid.
Halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated.
Such other devices as the department may, after notice and comment, add to this list on the basis of one or more of the following factors:
The design and use of the device primarily to accomplish recovery of material products.
The use of the device to burn or reduce raw materials to make a material product.
The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks.
The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product.
The use of the device in common industrial practice to produce a material product.
"Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
"Inground tank" means a device meeting the definition of "tank" in this section whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.
"Injection well" means a well into which fluids are injected.