NR 660.30
NR 660.30
Variances from classification as a solid waste. According to the standards and criteria in
s. NR 660.31 and the procedures in
s. NR 660.33, the department may determine on a case-by-case basis that all of the following recycled materials are not solid wastes:
NR 660.30(2)
(2) Materials that are reclaimed and then reused within the original production process in which they were generated.
NR 660.30(3)
(3) Materials that have been reclaimed but shall be reclaimed further before the materials are completely recovered.
NR 660.30 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 660.31
NR 660.31
Standards and criteria for variances from classification as a solid waste. NR 660.31(1)
(1) The department may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being recycled if the applicant demonstrates that sufficient amounts of the material will be recycled or transferred for recycling in the following year. If a variance is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The department's decision will be based on all of the following criteria:
NR 660.31(1)(a)
(a) The manner in which the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur (for example, because of past practice, market factors, the nature of the material or contractual arrangements for recycling).
NR 660.31(1)(b)
(b) The reason that the applicant has accumulated the material for one or more years without recycling 75% of the volume accumulated at the beginning of the year.
NR 660.31(1)(c)
(c) The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is recycled.
NR 660.31(1)(d)
(d) The extent to which the material is handled to minimize loss.
NR 660.31(2)
(2) The department may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on all of the following criteria:
NR 660.31(2)(a)
(a) How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials.
NR 660.31(2)(b)
(b) The prevalence of the practice on an industry-wide basis.
NR 660.31(2)(c)
(c) The extent to which the material is handled before reclamation to minimize loss.
NR 660.31(2)(d)
(d) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process.
NR 660.31(2)(e)
(e) The location of the reclamation operation in relation to the production process.
NR 660.31(2)(f)
(f) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form.
NR 660.31(2)(g)
(g) Whether the person who generates the material also reclaims it.
NR 660.31(3)
(3) The department may grant requests for a variance from classifying as a solid waste those materials that have been reclaimed but shall be reclaimed further before recovery is completed if, after initial reclamation, the resulting material is commodity-like (even though it is not yet a commercial product, and has to be reclaimed further). This determination will be based on all of the following factors:
NR 660.31(3)(a)
(a) The degree of processing the material has undergone and the degree of further processing that is required.
NR 660.31(3)(c)
(c) The degree to which the reclaimed material is like an analogous raw material.
NR 660.31(3)(d)
(d) The extent to which an end market for the reclaimed material is guaranteed.
NR 660.31(3)(e)
(e) The extent to which the reclaimed material is handled to minimize loss.
NR 660.31 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 660.32
NR 660.32
Variances to be classified as a boiler. According to the standards and criteria in
s. NR 660.10 (definition of "boiler"), and the procedures in
s. NR 660.33, the department may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in
s. NR 660.10, after considering all of the following criteria:
NR 660.32(1)
(1) The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases.
NR 660.32(2)
(2) The extent to which the combustion chamber and energy recovery equipment are of integral design.
NR 660.32(3)
(3) The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel.
NR 660.32(4)
(4) The extent to which exported energy is utilized.
NR 660.32(5)
(5) The extent to which the device is in common and customary use as a "boiler" functioning primarily to produce steam, heated fluids or heated gases.
NR 660.32 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 660.33
NR 660.33
Procedures for variances from classification as a solid waste or to be classified as a boiler. The department will use all of the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed controlled flame combustion devices as boilers:
NR 660.33(1)
(1) The applicant shall apply to the department for the variance. The application shall address the relevant criteria contained in
s. NR 660.31 or
660.32.
NR 660.33(2)
(2) The department will evaluate the application and issue a draft notice tentatively granting or denying the application. Notification of this tentative decision will be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located. The department will accept comment on the tentative decision for 30 days, and may also hold a public hearing upon request or at the department's discretion. The department will issue a final decision after receipt of comments and after the hearing (if any).
NR 660.33 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 660.40
NR 660.40
Additional regulation of certain hazardous waste recycling activities on a case-by-case basis. NR 660.40(1)(1) The department may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in
s. NR 661.06 (1) (b) 4. should be regulated under
s. NR 661.06 (2) and
(3). The basis for this decision is that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible. In making this decision, the department will consider all of the following factors:
NR 660.40(1)(a)
(a) The types of materials accumulated or stored and the amounts accumulated or stored.
NR 660.40(1)(c)
(c) The length of time the materials have been accumulated or stored before being reclaimed.
NR 660.40(1)(d)
(d) Whether any contaminants are being released into the environment, or are likely to be so released.
NR 660.40 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 660.41
NR 660.41
Procedures for case-by-case regulation of hazardous waste recycling activities. The department shall use the following procedures when determining whether to regulate hazardous waste recycling activities described in
s. NR 661.06 (1) (b) 4. under the provisions of
s. NR 661.06 (2) and
(3), rather than under the provisions of subch.
F of ch. NR 666.
NR 660.41(1)
(1) If a generator is accumulating the waste, the department shall issue a special order setting forth the factual basis for the decision and stating that the person shall comply with subch.
A of ch. NR 662, subch. C of ch. NR 662, subch.
D of ch. NR 662 and subch.
E of ch. NR 662. The special order shall become final within 30 days, unless the person served requests a public hearing to challenge the decision. Upon receiving such a request, the department shall hold a public hearing. The department shall provide notice of the hearing to the public and allow public participation at the hearing. The department shall issue a final order after the hearing stating whether or not compliance with
ch. NR 662 is required. The order becomes effective 30 days after service of the decision unless the department specifies a later date.
NR 660.41(2)
(2) If the person is accumulating the recyclable material as a storage facility, the special order will state that the person shall obtain a license according to all applicable provisions of
ch. NR 670. The owner or operator of the facility shall apply for a license within no less than 60 days and no more than 6 months of the effective date of the order, as specified in the order. If the owner or operator of the facility wishes to object to the department's decision, the owner or operator may do so in the owner or operator's license application, in a public hearing held on the draft license or in comments filed on the draft license or on the notice of intent to deny the license. The fact sheet accompanying the license will specify the reasons for the department's determination. The question of whether the department's decision was proper will remain open for consideration during the public comment period discussed under
ch. NR 670 and in any subsequent hearing.
NR 660.41 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
