NR 664.0001(7)(d) (d) A farmer disposing of waste pesticides from the farmer's own use in compliance with s. NR 662.070.
NR 664.0001(7)(e) (e) The owner or operator of a totally enclosed treatment facility, as defined in s. NR 660.10.
NR 664.0001(7)(f) (f) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in s. NR 660.10, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 high TOC subcategory defined in s. NR 668.40, the table “Treatment Standards for Hazardous Wastes"), or reactive (D003) waste, to remove the characteristic before land disposal, the owner or operator shall comply with s. NR 664.0017 (2).
NR 664.0001(7)(h)1.1. Except as provided in subd. 2., a person engaged in treatment or containment activities during immediate response to any of the following situations:
NR 664.0001(7)(h)1.a. a. A discharge of a hazardous waste.
NR 664.0001(7)(h)1.b. b. An imminent and substantial threat of a discharge of hazardous waste.
NR 664.0001(7)(h)1.c. c. A discharge of a material which, when discharged, becomes a hazardous waste.
NR 664.0001(7)(h)1.d. d. An immediate threat to human health, public safety, property or the environment, from the known or suspected presence of military munitions, other explosive material or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in s. NR 660.10.
NR 664.0001(7)(h)2. 2. An owner or operator of a facility otherwise regulated by this chapter shall comply with all applicable requirements of subchs. C and D.
NR 664.0001(7)(h)3. 3. Any person who is covered by subd. 1. and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and chs. NR 200 to 210, 212 to 214 and 216 for those activities.
NR 664.0001(7)(h)4. 4. In the case of an explosives or munitions emergency response, if a federal, state, tribal or local official acting within the scope of that person's official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA identification numbers or hazardous waste transportation licenses and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit shall retain records for 3 years identifying the dates of the response, the responsible persons responding, the type and description of material addressed and its disposition.
NR 664.0001(7)(i) (i) A transporter storing 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.
NR 664.0001(7)(j) (j) The addition of absorbent material to waste in a container (as defined in s. NR 660.10) or the addition of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and ss. NR 664.0017 (2), 664.0171 and 664.0172 are complied with.
NR 664.0001(7)(k) (k) Universal waste handlers and universal waste transporters (as defined in s. NR 660.10) handling any of the following wastes. These handlers are regulated under ch. NR 673, when handling any of the following universal wastes:
NR 664.0001(7)(k)1. 1. Batteries as described in s. NR 673.02.
NR 664.0001(7)(k)2. 2. Pesticides as described in s. NR 673.03.
NR 664.0001(7)(k)3. 3. Thermostats and mercury-containing equipment as described in s. NR 673.04.
NR 664.0001(7)(k)4. 4. Lamps as described in s. NR 673.05.
NR 664.0001(8) (8) The requirements of this chapter apply to owners or operators of all facilities which treat, store or dispose of hazardous wastes referred to in ch. NR 668.
NR 664.0001(9) (9)Section NR 666.205 identifies when the requirements of this chapter apply to the storage of military munitions classified as solid waste under s. NR 666.202. The treatment and disposal of hazardous waste military munitions are subject to the applicable licensing, procedural and technical standards in chs. NR 660 to 670.
NR 664.0001(10) (10) The requirements of subchs. B, C and D and s. NR 664.0101 do not apply to remediation waste management sites. (However, some remediation waste management sites may be a part of a facility that is subject to a license issued under s. 291.25, Stats., and ch. NR 670 because the facility is also treating, storing or disposing of hazardous wastes that are not remediation wastes. In these cases, subchs. B, C and D, and s. NR 664.0101 do apply to the facility subject to the license.) Instead of meeting the requirements of subchs. B, C and D, owners or operators of remediation waste management sites shall do all of the following:
NR 664.0001(10)(a) (a) Obtain an EPA identification number as specified in s. NR 660.07.
NR 664.0001(10)(b) (b) Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed at the site. At a minimum, the analysis shall contain all of the information which must be known to treat, store or dispose of the waste according to this chapter and ch. NR 668, and shall be kept accurate and up to date.
NR 664.0001(10)(c) (c) Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the department all of the following:
NR 664.0001(10)(c)1. 1. Physical contact with the waste, structures or equipment within the active portion of the remediation waste management site will not injure people or livestock who may enter the active portion of the remediation waste management site.
NR 664.0001(10)(c)2. 2. Disturbance of the waste or equipment by people or livestock, who enter onto the active portion of the remediation waste management site, will not cause a violation of the requirements of this chapter.
NR 664.0001(10)(d) (d) Inspect the remediation waste management site for malfunctions, deterioration, operator errors and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and shall remedy the problem before it leads to a human health or environmental hazard. Where a hazard is imminent or has already occurred, the owner or operator shall take remedial action immediately.
NR 664.0001(10)(e) (e) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of this chapter, and on how to respond effectively to emergencies.
NR 664.0001(10)(f) (f) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive and incompatible waste.
NR 664.0001(10)(g) (g) For remediation waste management sites regulated under subchs. I to O and X, design, construct, operate and maintain a unit within a 100-year floodplain to prevent washout of any hazardous waste by a 100-year flood, unless the owner or operator can meet the demonstration of s. NR 664.0018 (2).
NR 664.0001(10)(h) (h) Not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave.
NR 664.0001(10)(i) (i) Develop and maintain a construction quality assurance program for all surface impoundments, waste piles and landfill units that are required to comply with ss. NR 664.0221 (3) and (4), 664.0251 (3) and (4) and 664.0301 (3) and (4) at the remediation waste management site, according to the requirements of s. NR 664.0019.
NR 664.0001(10)(j) (j) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures shall address proper design, construction, maintenance and operation of remediation waste management units at the site. The goal of the plan shall be to minimize the possibility of, and the hazards from a fire, explosion or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water that could threaten human health or the environment. The plan shall explain specifically how to treat, store and dispose of the hazardous remediation waste in question, and shall be implemented immediately whenever a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment occurs.
NR 664.0001(10)(k) (k) Designate at least one employee, either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
NR 664.0001(10)(L) (L) Develop, maintain and implement a plan to meet the requirements in pars. (b) to (f), (i) and (j).
NR 664.0001(10)(m) (m) Maintain records documenting compliance with pars. (a) to (L).
NR 664.0001 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (7) (k) 3. Register July 2017 No. 739, eff. 8-1-17.
NR 664.0003 NR 664.0003Relationship to interim license standards. A facility owner or operator who has fully complied with the requirements for an interim license, as defined in s. 291.25, Stats., and s. NR 670.070, shall comply with ch. NR 665 in lieu of this chapter, until final administrative disposition of the owner or operator's operating license application is made, except as provided under subch. S.
NR 664.0003 Note Note: As stated in s. 291.25, Stats., the treatment, storage or disposal of hazardous waste is prohibited except according to a license. Section 291.25(4), Stats., provides for the interim licensing of an existing facility which meets certain conditions until final administrative disposition of the owner's or operator's operating license application is made.
NR 664.0003 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0004 NR 664.0004Imminent danger action. Notwithstanding any other provisions of this chapter, enforcement actions may be brought pursuant to s. 291.85, Stats.
NR 664.0004 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
subch. B of ch. NR 664 Subchapter B General Facility Standards
NR 664.0010 NR 664.0010Applicability.
NR 664.0010(1) (1) This subchapter applies to owners and operators of all hazardous waste facilities, except as provided in s. NR 664.0001 and sub. (2).
NR 664.0010(2) (2)Section NR 664.0018 (2) applies only to facilities regulated under subchs. I to O and X.
NR 664.0010 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0011 NR 664.0011Identification number. Every facility owner or operator shall apply to the department for an EPA identification number according to the procedures in s. NR 660.07.
NR 664.0011 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0012 NR 664.0012Required notices.
NR 664.0012(1)(a) (a) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source shall notify the regional administrator in writing at least 4 weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.
NR 664.0012(1)(b) (b) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to subch. H of ch. NR 662 shall provide a copy of the tracking document bearing all required signatures to the notifier, to the:
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
and to the competent authorities of all other concerned countries within 3 working days of receipt of the shipment. The original of the signed tracking document shall be maintained at the facility for at least 3 years.
NR 664.0012(2) (2) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) shall inform the generator in writing that the owner or operator has the appropriate licenses for, and will accept the waste the generator is shipping. The owner or operator shall keep a copy of this written notice as part of the operating record.
NR 664.0012(3) (3) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the long-term care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and ch. NR 670.
NR 664.0012 Note Note: An owner's or operator's failure to notify the new owner or operator of the requirements of this chapter in no way relieves the new owner or operator of that person's obligation to comply with all applicable requirements.
NR 664.0012 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0013 NR 664.0013General waste analysis.
NR 664.0013(1)(a) (a) Before an owner or operator treats, stores or disposes of any hazardous wastes, or nonhazardous wastes if applicable under s. NR 664.0113 (4), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis shall contain all the information which must be known to treat, store or dispose of the waste according to this chapter and ch. NR 668.
NR 664.0013(1)(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 664.0013(1)(b) (b) The analysis may include data developed under ch. NR 661 and s. NR 662.220, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.
NR 664.0013 Note Note: For example, the facility's records of analyses performed on the waste before the effective date of these rules, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with par. (a). The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by par. (a), except as otherwise specified in s. NR 668.07(2) and (3). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section.
NR 664.0013(1)(c) (c) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated when any of the following occurs:
NR 664.0013(1)(c)1. 1. The owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous wastes, or non-hazardous wastes if applicable under s. NR 664.0113 (4), has changed.
NR 664.0013(1)(c)2. 2. For off-site facilities, the results of the inspection required in par. (d) indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.
NR 664.0013(1)(d) (d) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
NR 664.0013(2) (2) The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with sub. (1). The owner or operator shall keep this plan at the facility. At a minimum, the plan shall specify all of the following:
NR 664.0013(2)(a) (a) The parameters for which each hazardous waste, or non-hazardous waste if applicable under s. NR 664.0113 (4), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with sub. (1)).
NR 664.0013(2)(b) (b) The test methods which will be used to test for these parameters.
NR 664.0013(2)(c) (c) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using one of the following:
NR 664.0013(2)(c)1. 1. One of the sampling methods described in ch. NR 661 Appendix I.
NR 664.0013(2)(c)2. 2. An equivalent sampling method.
NR 664.0013 Note Note: See s. NR 660.21 for related discussion.
NR 664.0013(2)(d) (d) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date.
NR 664.0013(2)(e) (e) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply.
NR 664.0013(2)(f) (f) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods specified in ss. NR 664.0017, 664.0314, 664.0341, 664.1034 (4), 664.1063 (4), 664.1083 and 668.07.
NR 664.0013(2)(g) (g) For surface impoundments exempted from land disposal restrictions under s. NR 668.04 (1), the procedures and schedules for all of the following:
NR 664.0013(2)(g)1. 1. The sampling of impoundment contents.
NR 664.0013(2)(g)2. 2. The analysis of test data.
NR 664.0013(2)(g)3. 3. The annual removal of residues which are not delisted under s. NR 660.22 or which exhibit a characteristic of hazardous waste and meet any of the following criteria:
NR 664.0013(2)(g)3.a. a. The residues do not meet applicable treatment standards of subch. D of ch. NR 668.
NR 664.0013(2)(g)3.b. b. Where no treatment standards have been established, any of the following applies:
1) The residues are prohibited from land disposal under s. NR 668.32 or 42 USC 6924(d).
2) The residues are prohibited from land disposal under s. NR 668.33.
NR 664.0013(2)(h) (h) For owners and operators seeking an exemption to the air emission standards of subch. CC according to s. NR 664.1082, any of the following:
Loading...
Loading...
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.