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:
NR 662.220(5)(b)
(b) The generator may accumulate acute hazardous waste on-site. If the generator accumulates at any time acute hazardous wastes in quantities greater than those set forth in
sub. (4) (a) or
(b), the generator is subject to full regulation as a large quantity generator under this chapter. The time period of
s. NR 662.034 (1), for accumulation of wastes on-site, begins when the accumulated wastes exceed the applicable exemption limit.
NR 662.220(5)(c)
(c) If waste is placed in containers the very small quantity generator shall:
NR 662.220(5)(d)
(d) If waste is placed in tanks the very small quantity generator shall meet all of the following requirements:
NR 662.220(5)(d)2.
2. All tanks shall be made or lined with materials which will not react with or be incompatible with the hazardous waste being stored.
NR 662.220(5)(d)3.
3. Incompatible wastes and materials may not be placed in the same tank.
NR 662.220(5)(d)4.
4. While being accumulated on-site, each tank shall be labeled or marked clearly with the words, "Hazardous Waste".
NR 662.220(5)(d)5.
5. If the tank beings to leak, the contents shall be removed and placed in leak proof containers or tanks immediately. All spilled material shall be cleaned up and properly managed.
NR 662.220(5)(e)
(e) A very small quantity generator shall either treat or dispose of the generator's hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is any of the following:
NR 662.220(5)(e)1.b.
b. Is a licensed solid waste disposal facility which has been approved by the department to accept hazardous waste from very small quantity generators.
1) Beneficially uses or reuses, or legitimately recycles or reclaims the waste.
2) Treats the waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
NR 662.220(5)(e)2.c.
c. Permitted, licensed or registered by a state to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to
40 CFR part 258.
NR 662.220(5)(e)2.d.
d. Permitted, licensed or registered by a state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit after January 1, 1998, is subject to the requirements in
40 CFR 257.5 to
257.30.
NR 662.220(5)(e)3.a.
a. Beneficially uses or reuses, or legitimately recycles or reclaims the waste.
NR 662.220(5)(e)3.b.
b. Treats the waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
NR 662.220(5)(f)
(f) A very small quantity generator is not required to use a manifest. The very small quantity generator who chooses to use a manifest shall comply with all of the following:
NR 662.220(6)
(6) Standards for generators of non-acutely hazardous waste. In order for a generator who generates 100 kilograms or less of non-acutely hazardous waste during a calendar month to be exempted from subchs.
A to
S under this section, the generator shall comply with all of the following requirements:
NR 662.220(6)(b)
(b) The very small quantity generator may accumulate hazardous waste on-site. If the generator accumulates at any time more than a total of 1,000 kilograms (2,205 pounds) of hazardous waste, the generator is subject to regulation under subch.
S. The time periods of
s. NR 662.192 (1) and
(2) for accumulation of waste on-site begin for a very small quantity generator when the accumulated waste exceeds 1,000 kilograms (2,205 pounds).
NR 662.220(6)(c)
(c) If waste is placed in containers the very small quantity generator shall:
NR 662.220(6)(d)
(d) If waste is placed in tanks the very small quantity generator shall meet all of the following requirements:
NR 662.220(6)(d)2.
2. All tanks shall be made or lined with materials that will not react with or be incompatible with the hazardous waste being stored.
NR 662.220(6)(d)3.
3. Incompatible wastes and materials may not be placed in the same tank.
NR 662.220(6)(d)4.
4. While being accumulated on-site, each tank shall be labeled or marked clearly with the words, "Hazardous Waste".
NR 662.220(6)(d)5.
5. If the tank beings to leak, the contents shall be removed and placed in leak proof containers or tanks immediately. All spilled material shall be cleaned up and properly managed.
NR 662.220(6)(e)
(e) A very small quantity generator shall either treat or dispose of the generator's hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is any of the following:
