2) Documentation that the unit is emptied at least once every 180 days.
NR 662.034(7)(d)3.
3. The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.
NR 662.034(7)(d)4.
4. While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste".
NR 662.034(8)
(8) F006 wastewater treatment sludges – 270-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, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on-site for more than 90 days, but not more than 270 days without an operating license or interim license if the generator complies with the requirements of
sub. (7) (a) to
(d).
NR 662.034(9)
(9) F006 wastewater treatment sludges – storage facility licensing, accumulation time extension and accumulation limit exception. A generator accumulating F006 in accordance with
subs. (7) and
(8) who accumulates F006 waste on-site for more than 180 days (or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms (44,100 pounds) of F006 waste on-site 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 180-day (or 270-day if applicable) period or an exception to the 20,000 kilogram (44,100 pound) accumulation limit. Extensions and exceptions may be granted by the department if F006 waste must remain on-site for longer than 180 days (or 270 days if applicable) or if more than 20,000 kilograms (44,100 pounds) of F006 waste must remain on-site due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the department on a case-by-case basis.
NR 662.034(13)
(13) Rejected waste shipments. A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue according to the manifest discrepancy provisions of
s. NR 664.0072 or
665.0072 may accumulate the returned waste on-site according to
subs. (1) and
(2), depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator shall do one of the following:
NR 662.034(13)(a)
(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.
NR 662.034(13)(b)
(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
NR 662.034 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: cr. (13)
Register March 2007 No. 615, eff. 4-1-07; corrections in (1) (a) 1. to 4., (7) (d) 1. a. to c. made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 662.040(1)(1) A generator shall keep a copy of each manifest signed in accordance with
s. NR 662.023 (1) for 3 years or until the generator receives a signed copy from the designated facility which received the waste. This signed copy shall be retained as a record for at least 3 years from the date the waste was accepted by the initial transporter.
NR 662.040(2)
(2) A generator shall keep a copy of each annual report and exception report for a period of at least 3 years from the due date of the report.
NR 662.040(3)
(3) A generator shall keep records of any test results, waste analyses or other determinations made in accordance with
s. NR 662.011 for at least 3 years from the date that the waste was last sent to on-site or off-site treatment, storage or disposal.
NR 662.040(4)
(4) The periods or retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.
NR 662.040 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.041(1)(1) A generator who ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States shall prepare and submit a single copy of an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms and cover generator activities during the previous year.
NR 662.041(2)
(2) Each annual report shall include all of the following information:
NR 662.041(2)(a)
(a) The EPA identification number, name and address of the generator.
NR 662.041(2)(c)
(c) The certification signed by the generator or authorized representative.
NR 662.041(2)(d)
(d) The generator fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s.
289.67 (2), Stats.
NR 662.041(3)
(3) Each annual report for odd numbered years shall include the following information:
NR 662.041(3)(b)
(b) The EPA identification number, name and address for each off-site treatment, storage or disposal facility in the United States to which waste was shipped during the year.
NR 662.041(3)(c)
(c) The name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage or disposal facility within the United States.
NR 662.041(3)(d)
(d) A description, EPA hazardous waste number (from subch.
C of ch. NR 661 or subch.
D of ch. NR 661), U.S. department of transportation hazard class and quantity of each hazardous waste shipped off-site for shipments to a treatment, storage or disposal facility within the United States. This information shall be listed by EPA identification number of each off-site facility to which waste was shipped.
NR 662.041(3)(e)
(e) A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.
NR 662.041(3)(f)
(f) A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent the information is available for years prior to 1987.
NR 662.041(4)
(4) Any generator who treats, stores or disposes of hazardous waste on-site shall submit an annual report covering those wastes in accordance with the provisions of
chs. NR 670,
664,
665 and
666. Reporting for exports of hazardous waste is not required on the annual report form. A separate annual report requirement is set forth at
s. NR 662.056.
NR 662.041 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
correction in (3) (d) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 662.042(1)
(1) A generator of greater than 1,000 kilograms (2,205 pounds) of hazardous waste in a calendar month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter shall contact the transporter or the owner or operator of the designated facility to determine the status of the hazardous waste.
NR 662.042(2)
(2) A generator of greater than 1,000 kilograms (2,205 pounds) of hazardous waste in a calendar month shall submit an exception report to the department if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The exception report shall include all of the following:
NR 662.042(2)(a)
(a) A legible copy of the manifest for which the generator does not have confirmation of delivery.
NR 662.042(2)(b)
(b) A cover letter signed by the generator or an authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.
NR 662.042 Note
Note: The exception reporting requirement for small quantity generators is in s.
NR 662.193(2) NR 662.042 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.043
NR 662.043
Additional reporting. The department may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in
ch. NR 661.
NR 662.043 Note
Note: Special recordkeeping and reporting requirements for small quantity generators are in s.
NR 662.193.
NR 662.043 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Subch. E of ch. NR 662 Note
Note: The export requirements on which this subchapter is based (
40 CFR part 262, subpart E) are administered by EPA and not the department because the exercise of foreign relations and international commerce powers is reserved to the federal government under the U.S. Constitution. Wisconsin has adopted these requirements into its rules for the convenience of the regulated community and for completeness. The enforcement of the
40 CFR part 262, subpart E requirements remains EPA's responsibility even though Wisconsin has adopted these requirements into its rules. The
40 CFR part 262, subpart E requirements apply to only those wastes identified or listed under the federal program that are subject to federal manifesting requirements.
NR 662.050
NR 662.050
Applicability. This subchapter establishes requirements applicable to exports of hazardous waste. Except to the extent
s. NR 662.058 provides otherwise, a primary exporter of hazardous waste shall comply with the special requirements of this subchapter and a transporter transporting hazardous waste for export shall comply with applicable requirements of
ch. NR 663.
Section NR 662.058 sets forth the requirements of international agreements between the United States and receiving countries which establish different notice, export and enforcement procedures for the transportation, treatment, storage and disposal of hazardous waste for shipments between the United States and those countries.
NR 662.050 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.051
NR 662.051
Definitions. The following definitions apply to this subchapter:
NR 662.051(1)
(1) "Consignee" means the ultimate treatment, storage or disposal facility in a receiving country to which the hazardous waste will be sent.
NR 662.051(2)
(2) "EPA acknowledgment of consent" means the cable sent to EPA from the U.S. embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.
NR 662.051(3)
(3) "Primary exporter" means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with
40 CFR part 262, subpart B, or equivalent provision in subch.
B, which specifies a treatment, storage or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.
NR 662.051(4)
(4) "Receiving country" means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage or disposal (except short-term storage incidental to transportation).
NR 662.051(5)
(5) "Transit country" means any foreign country, other than a receiving country, through which a hazardous waste is transported.
NR 662.051 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.052
NR 662.052
General requirements. Exports of hazardous waste are prohibited except in compliance with the applicable requirements of this subchapter and
40 CFR part 263. Exports of hazardous waste are prohibited unless all of the following conditions have been met:
NR 662.052(2)
(2) The receiving country has consented to accept the hazardous waste.
NR 662.052(3)
(3) A copy of the EPA acknowledgment of consent to the shipment accompanies the hazardous waste shipment and, unless exported by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)).
NR 662.052(4)
(4) The hazardous waste shipment conforms to the terms of the receiving country's written consent as reflected in the EPA acknowledgment of consent.
NR 662.052 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.053
NR 662.053
Notification of intent to export. NR 662.053(1)
(1) A primary exporter of hazardous waste shall notify EPA of an intended export before the waste is scheduled to leave the United States. A complete notification may be submitted 60 days before the initial shipment is intended to be shipped off site. This notification may cover export activities extending over a 12-month or lesser period. The notification shall be in writing, signed by the primary exporter, and include all of the following information:
NR 662.053(1)(a)
(a) Name, mailing address, telephone number and EPA ID number of the primary exporter.
NR 662.053(1)(b)
(b) By consignee, for each hazardous waste type, all of the following:
NR 662.053(1)(b)1.
1. A description of the hazardous waste and the EPA hazardous waste number (from
40 CFR part 261, subparts C and D), U.S. DOT proper shipping name, hazard class and ID number (UN or NA) for each hazardous waste as identified in
49 CFR parts 171 to
177.
NR 662.053(1)(b)2.
2. The estimated frequency or rate at which the waste is to be exported and the period of time over which the waste is to be exported.
NR 662.053(1)(b)4.
4. All points of entry to and departure from each foreign country through which the hazardous waste will pass.
NR 662.053(1)(b)5.
5. A description of the means by which each shipment of the hazardous waste will be transported (e.g., mode of transportation vehicle (including air, highway, rail or water), type of container (such as drums, boxes and tanks)).
NR 662.053(1)(b)6.
6. A description of the manner in which the hazardous waste will be treated, stored or disposed of in the receiving country (e.g., land or ocean incineration, other land disposal, ocean dumping, recycling).
NR 662.053(1)(b)7.
7. The name and site address of the consignee and any alternate consignee.
NR 662.053(1)(b)8.
8. The name of any transit countries through which the hazardous waste will be sent and a description of the approximate length of time the hazardous waste will remain in the country and the nature of its handling while there.
NR 662.053(2)
(2) Notifications submitted by mail may be sent to:
Office of Enforcement and Compliance Assurance
Office of Compliance; Enforcement Planning, Targeting and
Data Division (2222A)
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
Hand-delivered notifications may be sent to:
Office of Enforcement and Compliance Assurance
Office of Compliance; Enforcement Planning, Targeting and
Data Division (2222A)
U.S. Environmental Protection Agency
Ariel Rios Bldg., 12th St. and Pennsylvania Ave., NW
Washington, DC
In both cases, the following shall be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export."
NR 662.053(3)
(3) Except for changes to the telephone number in
sub. (1) (a), changes to
sub. (1) (b) 5. and decreases in the quantity indicated pursuant to
sub. (1) (b) 3. when the conditions specified on the original notification change (including any exceedance of the estimate of the quantity of hazardous waste specified in the original notification), the primary exporter shall provide EPA with a written renotification of the change. The shipment cannot take place until consent of the receiving country to the changes (except for changes to
sub. (1) (b) 8. and in the ports of entry to and departure from transit countries pursuant to
sub. (1) (b) 4.) has been obtained and the primary exporter receives an EPA acknowledgment of consent reflecting the receiving country's consent to the changes.
NR 662.053(4)
(4) Upon request by EPA, a primary exporter shall furnish to EPA any additional information which a receiving country requests in order to respond to a notification.
NR 662.053(5)
(5) In conjunction with the U.S. department of state, EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of
sub. (1). Where a claim of confidentiality is asserted with respect to any notification information required by
sub. (1), EPA may find the notification not complete until any claim is resolved in accordance with
40 CFR 260.2.
NR 662.053(6)
(6) Where the receiving country consents to the receipt of the hazardous waste, EPA will forward an EPA acknowledgment of consent to the primary exporter for purposes of
40 CFR 262.54(h). Where the receiving country objects to receipt of the hazardous waste or withdraws a prior consent, EPA will notify the primary exporter in writing. EPA will also notify the primary exporter of any responses from transit countries.
NR 662.053 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.054
NR 662.054
Special manifest requirements. A primary exporter shall comply with the manifest requirements of
40 CFR 262.20 to
262.23 except for all of the following:
NR 662.054(1)
(1) In lieu of the name, site address and EPA ID number of the designated permitted facility, the primary exporter shall enter the name and site address of the consignee.
NR 662.054(2)
(2) In lieu of the name, site address and EPA ID number of a permitted alternate facility, the primary exporter may enter the name and site address of any alternate consignee.
NR 662.054(3)
(3) In the international shipments block, the primary exporter shall check the export box and enter the point of exit (city and state) from the United States.
NR 662.054(4)
(4) The following statement shall be added to the end of the first sentence of the certification set forth in item 16 of the uniform hazardous waste manifest form: "and conforms to the terms of the attached EPA acknowledgment of consent".
