NR 662.011
NR 662.011
Hazardous waste determination. A person who generates a solid waste, as defined in
s. NR 661.02, shall determine if that waste is a hazardous waste using the following method:
NR 662.011(2)
(2) The person shall then determine if the waste is listed as a hazardous waste in subch.
D of ch. NR 661 (lists of hazardous wastes) .
NR 662.011 Note
Note: Even if the waste is listed, the generator still has an opportunity under s.
NR 660.22 to demonstrate to the EPA that the waste from the generator's particular facility or operation is not a hazardous waste.
NR 662.011(3)
(3) For purposes of compliance with
ch. NR 668, or if the waste is not listed in subch.
D of ch. NR 661 (lists of hazardous wastes), the generator shall then determine whether the waste is identified in subch.
C of ch. NR 661 (characteristics of hazardous waste) by any of the following:
NR 662.011(3)(a)
(a) Testing the waste according to the methods set forth in subch.
C of ch. NR 661 (characteristics of hazardous waste), or according to an equivalent method approved by the department under
s. NR 660.21.
NR 662.011(3)(a)1.
1. Chemical and physical samples shall be analyzed by a laboratory certified or registered under
ch. NR 149, except for field analyses for pH, specific conductance and temperature.
NR 662.011(3)(b)
(b) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.
NR 662.011(4)
(4) If the waste is determined to be hazardous, the generator shall refer to
chs. NR 661,
664,
665,
666,
668 and
673 for possible exclusions or restrictions pertaining to management of the specific waste.
NR 662.011 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
corrections in (2), (3) (intro.), (a) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 662.012(1)
(1) A generator may not treat, store, dispose of, transport or offer for transportation, hazardous waste without having received an EPA identification number from the department, another authorized state or EPA.
NR 662.012(2)
(2) A generator who has not received an EPA identification number may obtain one by applying to the department using EPA form 8700-12. Upon receiving the request, the department will assign an EPA identification number to the generator.
NR 662.012 Note
Note: See s.
NR 660.07 for information on obtaining EPA form 8700-12.
NR 662.012(3)
(3) A generator may not offer hazardous waste to transporters or to treatment, storage or disposal facilities that have not received an EPA identification number.
NR 662.012 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.020(1)
(1) A generator who transports, or offers for transport, a hazardous waste for off-site treatment, storage or disposal, or the owner or operator of a treatment, storage or disposal facility who offers for transport a rejected hazardous waste load, shall prepare a manifest, OMB control number 2050-0039, on EPA Form 8700-22, and if necessary, EPA Form 8700–22A, according to the instructions in the appendix to
40 CFR part 262.
NR 662.020(2)
(2) A generator shall designate on the manifest one facility which is licensed or permitted to handle the waste described on the manifest.
NR 662.020(3)
(3) A generator may also designate on the manifest one alternate facility which is licensed or permitted to handle the generator's waste in the event an emergency prevents delivery of the waste to the primary designated facility.
NR 662.020(4)
(4) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator shall either designate another facility or instruct the transporter to return the waste.
NR 662.020 Note
Note: A conditional manifest exemption for hazardous waste produced by small quantity generators is in s.
NR 662.191.
NR 662.020(6)
(6) The requirements of this subchapter and
s. NR 662.032 (2) do not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if the contiguous property is divided by a public or private right-of-way. Notwithstanding
s. NR 663.10 (1), the generator or transporter shall comply with the requirements for transporters in
ss. NR 663.30 and
663.31 in the event of a discharge of hazardous waste on a public or private right-of-way.
NR 662.020 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: am. (1)
Register March 2007 No. 615, eff. 4-1-07.
NR 662.022
NR 662.022
Number of copies. The manifest consists of at least the number of copies which will provide the generator, each transporter, the owner or operator of the designated facility, and a copy to be returned to the generator.
NR 662.022 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.023(1)(b)
(b) Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest.
NR 662.023(2)
(2) The generator shall give the transporter the remaining copies of the manifest.
NR 662.023(3)
(3) For shipments of hazardous waste outside of Wisconsin, the generator shall submit a copy of each manifest to the department within 30 days of receiving the signed copy from the designated facility.
NR 662.023 Note
Note: Send copies of manifests to the Department of Natural Resources, Bureau of Waste and Materials Management, Box 8094, Madison, WI 53708.
NR 662.023(4)
(4) For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator shall send 3 copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.
NR 662.023(5)
(5) For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator shall send at least 3 copies of the manifest dated and signed in accordance with this section to any of the following:
NR 662.023(5)(c)
(c) The last rail transporter to handle the waste in the United States if exported by rail.
NR 662.023(6)
(6) For shipments of hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the generator shall assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.
NR 662.023 Note
Note: See s.
NR 663.20 (5) and
(6) for special provisions for rail or water (bulk shipment) transporters.
NR 662.023 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.027
NR 662.027
Waste minimization certification. A generator who initiates a shipment of hazardous waste shall certify one of the following statements in Item 15 of the uniform hazardous waste manifest:
NR 662.027(1)
(1) "I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;" or
NR 662.027(2)
(2) "I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford."
NR 662.027 History
History: CR 06-102: cr.
Register March 2007 No. 615, eff. 4-1-07.
NR 662.030
NR 662.030
Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall package the waste in accordance with the applicable U.S. department of transportation regulations on packaging under
49 CFR parts 173,
178 and
179.
NR 662.030 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.031
NR 662.031 Labeling. Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable U.S. department of transportation regulations on hazardous materials under
49 CFR part 172.
NR 662.031 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.032(1)(1) Before transporting or offering hazardous waste for transportation off-site, a generator shall mark each package of hazardous waste in accordance with the applicable U.S. department of transportation regulations on hazardous materials under
49 CFR part 172.
NR 662.032(2)
(2) Before transporting hazardous waste or offering hazardous waste for transport off-site, a generator shall mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with the requirements of
49 CFR 172.304:
"HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.
Generator's Name and Address__________.
Generator's EPA Identification Number__________.
Manifest Tracking Number____________."
NR 662.032 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: am. (2)
Register March 2007 No. 615, eff. 4-1-07.
NR 662.033
NR 662.033
Placarding. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall placard or offer the initial transporter the appropriate placards according to U.S. department of transportation regulations for hazardous materials under
49 CFR part 172, subpart F.
NR 662.033 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.034(1)(1)
Ninety-day accumulation time. Except as provided in
s. NR 662.192 (1),
(2) and
(3), a generator may accumulate hazardous waste on-site for 90 days or less without an operating license or interim license, provided that all of the following requirements are met:
NR 662.034(1)(a)1.
1. In containers and the generator complies with the applicable requirements of subch.
I of
ch. NR 665 (containers), subch.
AA of ch. NR 665 (air emission standards for process vents), subch.
BB of ch. NR 665 (air emission standards for equipment leaks) and subch.
CC of ch. NR 665 (air emission standards for tanks, surface impoundments and containers).
NR 662.034(1)(a)3.
3. On drip pads and the generator complies with subch.
W of ch. NR 665 (drip pads) and maintains all of the following records at the facility:
NR 662.034(1)(a)3.a.
a. A description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days.
NR 662.034(1)(a)3.b.
b. Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.
NR 662.034(1)(a)4.
4. In containment buildings and the generator complies with subch.
DD of ch. NR 665 (containment buildings) and has placed the professional engineer certification that the building complies with the design standards specified in
s. NR 665.1101 in the facility's operating record no later than 60 days after the date of initial operation of the unit. After August 1, 2006, PE certification will be required prior to operation of the unit. The owner or operator shall maintain any of the following records at the facility:
NR 662.034(1)(a)4.a.
a. A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90 day limit and documentation that the procedures are complied with.
NR 662.034(1)(a)4.b.
b. Documentation that the unit is emptied at least once every 90 days. In addition, the generator is exempt from all of the requirements in subchs.
G (closure and long-term care) and H (financial requirements) of
ch. NR 665, except for
ss. NR 665.0111 and
665.0114.
NR 662.034(1)(b)
(b) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.
NR 662.034(1)(c)
(c) While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste".
NR 662.034(2)
(2) Storage facility licensing and accumulation time extension. A generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of
chs. NR 664 and
665 and the license requirements of
ch. NR 670 unless the generator has been granted an extension to the 90-day period. The department may grant an extension if hazardous wastes must remain on-site for longer than 90 days due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis.
NR 662.034(3)(a)(a) A generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in
s. NR 661.33 (5) in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without an operating license or interim license and without complying with
sub. (1) provided the generator does all of the following:
NR 662.034(3)(a)2.
2. Marks the containers either with the words "Hazardous Waste" or with other words that identify the contents of the containers.
NR 662.034(3)(b)
(b) A generator who accumulates either hazardous waste or acutely hazardous waste listed in
s. NR 661.33 (5) in excess of the amounts listed in
par. (a) at or near any point of generation shall, with respect to that amount of excess waste, comply within 3 days with
sub. (1) or other applicable provisions of
chs. NR 660 to
673. During the 3-day period the generator shall continue to comply with
par. (a) 1. and
2. The generator shall mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.
NR 662.034 Note
Note: Special accumulation requirements for small quantity generators are in s.
NR 662.192.
NR 662.034(7)
(7) F006
wastewater treatment sludges – 180-day accumulation time. A generator who generates 1,000 kilograms (2,205 pounds) or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the hazardous waste code F006, may accumulate F006 waste on-site for more than 90 days, but not more than 180 days without an operating license or interim license provided that all of the following conditions are met:
NR 662.034(7)(a)
(a) The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants or contaminants entering F006 or otherwise released to the environment prior to its recycling.
NR 662.034(7)(b)
(b) The F006 waste is legitimately recycled through metals recovery.
NR 662.034(7)(c)
(c) No more than 20,000 kilograms (44,100 pounds) of F006 waste is accumulated on-site at any one time.
NR 662.034(7)(d)
(d) The F006 waste is managed in accordance with all of the following:
