Register July 2017 No. 739
Chapter NR 663
HAZARDOUS WASTE TRANSPORTER STANDARDS
Subchapter A — General
NR 663.10   Scope.
NR 663.11   EPA identification number.
NR 663.12   Transfer facility requirements.
NR 663.13   Hazardous waste transportation licenses.
Subchapter B — Compliance with the Manifest System and Recordkeeping
NR 663.20   The manifest system.
NR 663.21   Compliance with the manifest.
NR 663.22   Recordkeeping.
Subchapter C — Hazardous Waste Discharges
NR 663.30   Immediate action.
NR 663.31   Discharge clean up.
subch. A of ch. NR 663 Subchapter A — General
Subch. A of ch. NR 663 Note Note: Chapter NR 662 and this chapter establish the responsibilities of generators and transporters of hazardous waste in the handling, transportation and management of that waste. In these rules, the department has expressly referenced certain regulations of the U.S. department of transportation (DOT) governing the transportation of hazardous materials. These rules concern, among other things, labeling, marking, placarding, using proper containers and reporting discharges. The department has expressly referenced these rules in order to satisfy its statutory obligation to promulgate rules which are necessary to protect human health and the environment in the transportation of hazardous waste. The department's reference to these DOT regulations ensures consistency with the requirements of DOT and thus avoids the establishment of duplicative or conflicting requirements with respect to these matters.
Subch. A of ch. NR 663 Note DOT has revised its hazardous materials transportation regulations in order to encompass the transportation of hazardous waste and to regulate intrastate, as well as interstate, transportation of hazardous waste. Transporters of hazardous waste are cautioned that DOT's regulations are fully applicable to their activities and enforceable by DOT. These DOT regulations are codified in 49 CFR subpart C.
Subch. A of ch. NR 663 Note Except for transporters of bulk shipments of hazardous waste by water, a transporter who meets all applicable requirements of 49 CFR parts 171 to 179 and the requirements of ss. NR 663.11 and 663.31 will be deemed in compliance with this chapter. Regardless of DOT's action, the department retains its authority to enforce the requirements of ch. NR 663.
NR 663.10 NR 663.10Scope.
NR 663.10(1) (1) This chapter establishes standards which apply to persons transporting hazardous waste within Wisconsin if the transportation requires a manifest under ch. NR 662 or subch. HH of ch. NR 666.
NR 663.10(2) (2) This chapter does not apply to on-site transportation of hazardous waste by generators or by owners or operators of licensed hazardous waste management facilities.
NR 663.10(3) (3) A transporter of hazardous waste shall also comply with ch. NR 662, hazardous waste generator standards, if the transporter does any of the following:
NR 663.10(3)(a) (a) Transports hazardous waste into Wisconsin from abroad.
NR 663.10(3)(b) (b) Mixes hazardous wastes of different DOT shipping descriptions by placing them into a single container.
NR 663.10(4) (4) A transporter of hazardous waste subject to the manifesting requirements of ch. NR 662, or subject to the universal waste management standards of ch. NR 673, that is being imported from or exported to any of the countries listed in s. NR 662.058 (1) (a) for purposes of recovery is subject to this subchapter and to all other relevant requirements of subch. H of ch. NR 662, including, but not limited to, s. NR 662.084 for tracking documents. Transporters of only universal waste are not required to obtain a hazardous waste transportation license under s. NR 663.13.
NR 663.10(5) (5) This chapter does not apply to transportation during an explosives or munitions emergency response, conducted according to ss. NR 664.0001 (7) (h) 1. d. or 4. or 665.0001 (3) (k) 1. d. or 4., and 670.001 (3) (c) 1. d. or 3.
NR 663.10(6) (6)Section NR 666.203 identifies how the requirements of this chapter apply to military munitions classified as solid waste under s. NR 666.202.
NR 663.10 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1), (4) Register July 2017 No. 739, eff. 8-1-17.
NR 663.11 NR 663.11EPA identification number.
NR 663.11(1) (1) A transporter may not transport hazardous wastes without having received an EPA identification number from the department, another authorized state or EPA.
NR 663.11(2) (2) A transporter 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 transporter.
NR 663.11 Note Note: See s. NR 660.07 for information on obtaining EPA form 8700-12.
NR 663.11 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 663.12 NR 663.12Transfer facility requirements. A transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of s. NR 662.030 at a transfer facility for a period of 10 days or less is not subject to regulation under chs. NR 664, 665, 668 and 670 with respect to the storage of those wastes.
NR 663.12 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 663.13 NR 663.13Hazardous waste transportation licenses.
NR 663.13(1)(a) (a) An application for a hazardous waste transportation license shall be submitted on forms supplied by the department and shall be accompanied by the fee specified in ch. NR 670 Appendix II.
NR 663.13 Note Note: These forms may be obtained from the department by E-mail: waste.management@dnr.state.wi.us, phone (608) 266-2111 or Fax (608) 267-2768.
NR 663.13(1)(b) (b) Each location at which a person transporting hazardous waste bases transport vehicles shall be licensed as a separate transportation service. An application form and fee for each transportation service shall be submitted to the regional office of the department in the region where the transportation service is located. A person who transports hazardous waste into or through Wisconsin, but whose operation is based out–of–state, shall submit an application form and fee for a transportation license in the region where the hazardous waste transportation activity is concentrated.
NR 663.13(1)(c) (c) The department shall notify the applicant that the application for a hazardous waste transportation license has been approved or denied within 65 business days after the application is received by the department.
NR 663.13(1)(d) (d) The owner or operator of a transportation service who has been issued a license shall renew the license annually by submitting both of the following to the department:
NR 663.13(1)(d)1. 1. A completed license renewal form, by the date specified on the renewal form.
NR 663.13(1)(d)2. 2. The fee listed on the environmental fee statement, by the date specified on the fee statement.
NR 663.13(1)(e) (e) The owner or operator of a transportation service who fails to renew the license according to par. (d) shall pay a late processing fee of $150 in addition to the license fee.
NR 663.13(1)(f) (f) The license application shall be signed by the owner of the transportation service. If the transportation service is owned by one person and operated by another, both the owner or operator shall sign the application.
NR 663.13(1)(g) (g) If the department fails to approve or deny an application for issuance or renewal of a hazardous waste transportation license within 65 business days after a complete application is received by the department or by the date of expiration of the current license, whichever occurs later, the department shall refund the fees paid by the applicant for the transportation license.
NR 663.13(1)(h) (h) If there is a change in the ownership of the transportation service, the new owner or operator shall reapply for a license by submitting the license application form required by par. (a).
NR 663.13 Note Note: The department will mail the annual license renewal form and environmental fee statement to the owners or operators of licensed transportation facilities.
NR 663.13 Note Note: The license application is considered to be complete when the environmental fee and the completed and signed license application or renewal form are received by the department.
NR 663.13 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.
subch. B of ch. NR 663 Subchapter B — Compliance with the Manifest System and Recordkeeping
NR 663.20 NR 663.20The manifest system.
NR 663.20(1)(a) (a) A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest signed in accordance with the requirements of s. NR 662.023, unless the generator meets the conditional manifest exemptions in s. NR 662.220 (5) (f), (6) (f) or 662.191.
NR 663.20(1)(b) (b) In the case of exports other than those subject to subch. H of ch. NR 662, a transporter may not accept waste from a primary exporter or other person if the transporter knows the shipment does not conform to the EPA acknowledgment of consent; and unless, in addition to a manifest signed by the generator in accordance with the requirements of s. NR 662.023, the transporter shall also be provided with an EPA acknowledgment of consent which, except for shipment by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)). For exports of hazardous waste subject to the requirements of subch. H of ch. NR 662, a transporter may not accept hazardous waste without a tracking document that includes all information required by s. NR 662.084.
NR 663.20(2) (2) Before transporting the hazardous waste, the transporter shall sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter shall return a signed copy to the generator before leaving the generator's property.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.