NR 662.192(1)(d)2.
2. While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste".
NR 662.192(1)(e)
(e)
Emergency procedures and personnel training. The generator complies with all of the following requirements:
NR 662.192(1)(e)1.
1. At all times there shall be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in
subd. 4. This employee is the emergency coordinator.
NR 662.192(1)(e)2.
2. The generator shall post all of the following information next to the telephone:
NR 662.192(1)(e)2.b.
b. Location of fire extinguishers and spill control material, and, if present, fire alarm.
NR 662.192(1)(e)2.c.
c. The telephone number of the fire department, unless the facility has a direct alarm.
NR 662.192(1)(e)3.
3. The generator shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.
NR 662.192(1)(e)4.
4. The emergency coordinator or a designee shall respond to any emergencies that arise. The applicable responses are as follows:
NR 662.192(1)(e)4.a.
a. In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher.
NR 662.192(1)(e)4.b.
b. In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil.
NR 662.192(1)(e)4.c.
c. In the event of a fire, explosion or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator shall immediately notify the national response center (using their 24-hour toll free number 800/424-8802). The report shall include all of the following information:
1) The name, address and U.S. EPA identification number of the generator.
2) Date, time and type of incident ( e.g., spill or fire).
3) Quantity and type of hazardous waste involved in the incident.
4) Extent of injuries, if any.
5) Estimated quantity and disposition of recovered materials, if any.
NR 662.192(1)(e)4.d.
d. In the event of a release or discharge, the generator shall give notice to the division of emergency management at (800) 943-0003 and comply with the requirements of s.
292.11, Stats., and
ch. NR 706.
NR 662.192(2)
(2) Two hundred and seventy-day accumulation time. Small quantity generators who must transport their own hazardous waste, or offer their own hazardous waste for transportation, over a distance of 200 miles or more for off-site treatment, storage or disposal may accumulate hazardous waste on-site for 270 days or less without an operating license or interim license provided that the generators comply with the requirements of
sub. (1).
NR 662.192(3)
(3) Storage facility licensing and accumulation time extension. A small quantity generator who accumulates hazardous waste in quantities exceeding 6,000 kg (13,230 pounds) or accumulates hazardous waste for more than 180 days (or for more than 270 days if the generator must transport the waste, or offer the waste for transportation, over a distance of 200 miles or more) 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. An extension may be granted by the department if hazardous wastes must remain on-site for longer than 180 days (or 270 days if applicable) 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 662.192(4)(a)(a) A small quantity 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
subs. (1) and
(2) provided the generator does all of the following:
NR 662.192(4)(a)2.
2. Marks the containers either with the words "Hazardous Waste" or with other words that identify the contents of the containers.
NR 662.192(4)(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
subs. (1) and
(2) or other applicable provisions of
chs. NR 660 to
670. 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 662.192(5)
(5) Rejected waste shipments. A small quantity 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 in accordance with the manifest discrepancy provisions of
s. NR 664.0072 or
665.0072 may accumulate the returned waste on-site in accordance with
subs. (1),
(2) and
(3), 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 662.192(5)(a)
(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.
NR 662.192(5)(b)
(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
NR 662.192 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: cr. (5)
Register March 2007 No. 615, eff. 4-1-07.
NR 662.193
NR 662.193
Special recordkeeping and reporting requirements. A small quantity generator is subject only to all of the following recordkeeping and reporting requirements:
NR 662.193(1)(a)(a) 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 662.193(1)(b)
(b) 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 662.193(1)(c)
(c) The generator shall keep a copy of each annual report for a period of at least 3 years from the due date of the report.
NR 662.193(1)(d)
(d) The periods or retention referred to in this subsection are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.
NR 662.193(2)
(2) Exception reporting. A small quantity generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter shall submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the department.
NR 662.193 Note
Note: The submission to the department need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.
NR 662.193(4)
(4) 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 662.193 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.194
NR 662.194
Special requirements for accumulating in tanks. NR 662.194(1)(1)
Applicability. The requirements of this section apply to small quantity generators who accumulate hazardous waste in tanks for less than 180 days (or 270 days if the generator must ship the waste greater than 200 miles) and do not accumulate over 6,000 kg (13,230 pounds) on-site at any time.
NR 662.194(2)
(2) General operating requirements. Generators shall comply with all of the following requirements:
NR 662.194(2)(b)
(b) Hazardous wastes or treatment reagents may not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode or otherwise fail before the end of its intended life.
NR 662.194(2)(c)
(c) Uncovered tanks shall be operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank.
NR 662.194(2)(d)
(d) Where hazardous waste is continuously fed into a tank, the tank shall be equipped with a means to stop this inflow (e.g., waste feed cutoff system or by-pass system to a stand-by tank).
NR 662.194 Note
Note: These systems are intended to be used in the event of a leak or overflow from the tank due to a system failure (e.g., a malfunction in the treatment process, a crack in the tank, etc.).
NR 662.194(3)
(3) Inspections. Generators shall inspect all of the following, where present:
NR 662.194(3)(a)
(a) Tank discharge control equipment (e.g., waste feed cutoff systems, by-pass systems and drainage systems) at least once each operating day, to ensure that it is in good working order.
NR 662.194(3)(b)
(b) Data gathered from monitoring equipment (e.g., pressure and temperature gauges) at least once each operating day to ensure that the tank is being operated according to its design.
NR 662.194(3)(c)
(c) The level of waste in the tank at least once each operating day to ensure compliance with
sub. (2) (c).
NR 662.194(3)(d)
(d) The construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams.
NR 662.194(3)(e)
(e) The construction materials of, and the area immediately surrounding, tank discharge confinement structures (e.g., dikes) at least weekly to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation).
NR 662.194 Note
Note: As required by s.
NR 665.0015(3), the owner or operator shall remedy any deterioration or malfunction found.
NR 662.194(4)
(4) Closure. Generators shall, upon closure of the facility, remove all hazardous waste from tanks, discharge control equipment and discharge confinement structures.
NR 662.194 Note
Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with s.
NR 661.03(3) or
(4), that any solid waste removed from the tank is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs.
NR 662,
663 and
665.
NR 662.194(5)
(5) Special requirements for ignitable or reactive wastes. Generators shall comply with all of the following requirements:
NR 662.194(5)(a)
(a) Ignitable or reactive waste may not be placed in a tank, unless
subd. 1.,
2. or
3. applies:
NR 662.194(5)(a)1.
1. The waste is treated, rendered or mixed before or immediately after placement in a tank so that all of the following apply:
NR 662.194(5)(a)2.
2. The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react.
NR 662.194(5)(b)
(b) The owner or operator of a facility which treats or stores ignitable or reactive waste in covered tanks shall comply with the buffer zone requirements for tanks contained in Tables 2-1 to 2-6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code" (1977 or 1981), incorporated by reference in
s. NR 660.11.
NR 662.194(6)
(6) Special requirements for incompatible wastes. Generators shall comply with all of the following requirements:
NR 662.194(6)(a)
(a) Incompatible wastes, or incompatible wastes and materials, (see Appendix V of
ch. NR 665 for examples) may not be placed in the same tank, unless
s. NR 665.0017 (2) is complied with.
NR 662.194(6)(b)
(b) Hazardous waste may not be placed in an unwashed tank which previously held an incompatible waste or material, unless
s. NR 665.0017 (2) is complied with.
NR 662.194 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Subch. V of ch. NR 662 Note
Note: This subchapter is similar to federal regulations contained in
40 CFR 261.5, as revised on July 30, 2003.
NR 662.220
NR 662.220
Special requirements for very small quantity generators. NR 662.220(1)
(1)
Conditional exemption from small and large quantity generator standards. Except for generators identified in
subs. (4),
(5) (b),
(6) (b) or
(8), a very small quantity generator is not subject to regulation under subchs.
A to
S, provided the generator complies with the other requirements of this section.
NR 662.220(2)
(2) Quantity determinations. When making the quantity determinations of this chapter, the generator shall include all hazardous waste that the generator generates, except hazardous waste that is any of the following:
NR 662.220(2)(b)
(b) Managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units or totally enclosed treatment facilities as defined in
s. NR 660.10.
NR 662.220(3)
(3) Quantity of hazardous waste generated. In determining the quantity of hazardous waste generated, a generator need not include any of the following:
NR 662.220(3)(b)
(b) Hazardous waste produced by on-site treatment (including reclamation) of the generator's hazardous waste, so long as the hazardous waste that is treated was counted once.
NR 662.220(3)(c)
(c) Spent materials that are generated, reclaimed and subsequently reused on-site, so long as the spent materials have been counted once.
NR 662.220(4)
(4) Acute hazardous waste generation rate limits. If a generator generates acute hazardous waste in a calendar month in greater than any of the following quantities, the generator is subject to full regulation as a large quantity generator under this chapter:
NR 662.220(4)(b)
(b) A total of 100 kilograms (220 pounds) of any residue or contaminated soil, waste or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in
s. NR 661.31,
661.32 or
661.33 (5).
NR 662.220 Note
Note: "Full regulation" means those regulations applicable to generators of greater than 1,000 kg of non-acutely hazardous waste in a calendar month.
NR 662.220(5)
(5) Standards for generators of acute hazardous waste. In order for a generator who generates acute hazardous wastes in quantities equal to or less than those set forth in
sub. (4) (a) or
(b) to be exempted from full regulation as a large quantity generator, the generator shall comply with all of the following requirements:
