NR 664.0056(3) (3) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire or explosion. This assessment shall consider both direct and indirect effects of the release, fire or explosion (e.g., the effects of any toxic, irritating or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions).
NR 664.0056(4) (4) If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health, or the environment, outside the facility, that person shall report the findings according to all of the following:
NR 664.0056(4)(a) (a) If the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.
NR 664.0056(4)(b) (b) The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area (in the applicable regional contingency plan under 40 CFR part 300), or the national response center (using its 24-hour toll free number 800/424-8802) and the division of emergency government (using its 24-hour toll free number 800/943-0003). The report shall include all of the following:
NR 664.0056(4)(b)1. 1. Name and telephone number of reporter.
NR 664.0056(4)(b)2. 2. Name and address of facility.
NR 664.0056(4)(b)3. 3. Time and type of incident (e.g., release, fire).
NR 664.0056(4)(b)4. 4. Name and quantity of materials involved, to the extent known.
NR 664.0056(4)(b)5. 5. The extent of injuries, if any.
NR 664.0056(4)(b)6. 6. The possible hazards to human health, or the environment, outside the facility.
NR 664.0056(5) (5) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions and releases do not occur, recur or spread to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released waste and removing or isolating containers.
NR 664.0056(6) (6) If the facility stops operations in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes or other equipment, wherever this is appropriate.
NR 664.0056(7) (7) Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water or any other material that results from a release, fire or explosion at the facility.
NR 664.0056 Note Note: Unless the owner or operator can demonstrate, according to s. NR 661.03(3) or (4), that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it according to all applicable requirements of chs. NR 662 and 663 and this chapter.
NR 664.0056(8) (8) The emergency coordinator shall ensure all of the following, in the affected areas of the facility:
NR 664.0056(8)(a) (a) No waste that may be incompatible with the released material is treated, stored or disposed of until cleanup procedures are completed.
NR 664.0056(8)(b) (b) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
NR 664.0056(9) (9) The owner or operator shall note in the operating record the time, date and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the department. The report shall include all of the following:
NR 664.0056(9)(a) (a) Name, address and telephone number of the owner or operator.
NR 664.0056(9)(b) (b) Name, address and telephone number of the facility.
NR 664.0056(9)(c) (c) Date, time and type of incident (e.g., fire, explosion).
NR 664.0056(9)(d) (d) Name and quantity of materials involved.
NR 664.0056(9)(e) (e) The extent of injuries, if any.
NR 664.0056(9)(f) (f) An assessment of actual or potential hazards to human health or the environment, where this is applicable.
NR 664.0056(9)(g) (g) Estimated quantity and disposition of recovered material that resulted from the incident.
NR 664.0056 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. (9), renum. (10) to (9) Register July 2017 No. 739, eff. 8-1-17.
subch. E of ch. NR 664 Subchapter E Manifest System, Recordkeeping and Reporting
NR 664.0070 NR 664.0070Applicability. This subchapter applies to owners and operators of both on-site and off-site facilities, except as s. NR 664.0001 provides otherwise. Sections NR 664.0071, 664.0072 and 664.0076 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources, and to owners and operators of off-site facilities with respect to waste military munitions exempted from manifest requirements under s. NR 666.203 (1). Section NR 664.0073 (2) only applies to licensees who treat, store or dispose of hazardous wastes on-site where the wastes were generated.
NR 664.0070 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: am. Register March 2007 No. 615, eff. 4-1-07.
NR 664.0071 NR 664.0071Use of manifest system.
NR 664.0071(1)(a) (a) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or an agent, shall sign and date each copy of the manifest as indicated in par. (b) to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.
NR 664.0071(1)(b) (b) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or an agent shall do all of the following:
NR 664.0071(1)(b)1. 1. Sign and date, by hand, each copy of the manifest.
NR 664.0071(1)(b)2. 2. Note any discrepancies, as defined in s. NR 664.0072 (1), on each copy of the manifest.
NR 664.0071(1)(b)3. 3. Immediately give the transporter at least one copy of the manifest.
NR 664.0071(1)(b)4. 4. Within 30 days of delivery, send a copy of the manifest to the generator and, within 45 days, send one copy of the manifest to the department in an electronic format specified by the department.
NR 664.0071(1)(b)5. 5. Retain at the facility a copy of each manifest for at least 3 years from the date of delivery.
NR 664.0071(1)(b)6. 6. Pay a manifest fee for each manifest submitted as designated in ch. NR 670 Appendix II. The department will bill each facility annually for accumulated manifest review fees.
NR 664.0071(1)(c) (c) If a facility receives hazardous waste imported from a foreign source, the owner or operator of the receiving facility shall mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
NR 664.0071(2) (2) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), the owner or operator, or an agent, shall do all of the following:
NR 664.0071(2)(a) (a) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received.
NR 664.0071(2)(b) (b) Note any significant discrepancies (as defined in s. NR 664.0072 (1)) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper.
NR 664.0071 Note Note: The department does not intend that the owner or operator of a facility whose procedures under s. NR 664.0013 (3) include waste analysis shall perform that analysis before signing the shipping paper and giving it to the transporter. Section NR 664.0072 (2), however, requires reporting an unreconciled discrepancy discovered during later analysis.
NR 664.0071(2)(c) (c) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received).
NR 664.0071(2)(d) (d) Within 30 days after the delivery, send one copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) to the generator and, within 45 days, send one copy of the manifest to the department in an electronic format specified by the department.
NR 664.0071 Note Note: Section NR 662.023 (3) requires the generator to send 3 copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).
NR 664.0071(2)(e) (e) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least 3 years from the date of delivery.
NR 664.0071(2)(f) (f) Pay a manifest fee for each manifest submitted as designated in ch. NR 670 Appendix II. The department will bill each facility annually for accumulated manifest review fees.
NR 664.0071(3) (3) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of ch. NR 662.
NR 664.0071 Note Note: The provisions of s. NR 662.034 or 662.192 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of s. NR 662.034 or 662.192 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.
NR 664.0071(4) (4) Within 3 working days of the receipt of a shipment subject to subch. H of ch. NR 662, the owner or operator of the facility 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., N.W., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document shall be maintained at the facility for at least 3 years from the date of signature.
NR 664.0071(5) (5) The owner or operator of a facility shall determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated federally) as hazardous wastes under its state hazardous waste program. The owner or operator of a facility shall also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.
NR 664.0071 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: am. Register March 2007 No. 615, eff. 4-1-07; corrections in (1) (b) 6., (2) (f) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.
NR 664.0072 NR 664.0072Manifest discrepancies.
NR 664.0072(1) (1) Manifest discrepancies are any of the following:
NR 664.0072(1)(a) (a) Significant differences, as defined by sub. (2), between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives.
NR 664.0072(1)(b) (b) Rejected wastes, which may be a full or partial shipment of hazardous waste that the treatment, storage or disposal facility cannot accept.
NR 664.0072(1)(c) (c) Container residues, which are residues that exceed the quantity limits for empty containers set forth in s. NR 661.07 (2).
NR 664.0072(2) (2) Significant discrepancies in quantity are, for bulk waste, variations greater than 10% in weight, and for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant discrepancies in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.
NR 664.0072(3) (3) Upon discovering a significant discrepancy, the owner or operator shall attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue.
NR 664.0072(4)(a)(a) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for empty containers set forth in s. NR 661.07 (2), the facility owner or operator shall consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility owner or operator may return the rejected waste or residue to the generator. The facility owner or operator shall send the waste to the alternative facility or to the generator within 60 days of the rejection or the container residue identification.
NR 664.0072(4)(b) (b) While the facility owner or operator is making arrangements for forwarding rejected wastes or residues to another facility under this section, it shall ensure that either the delivering transporter retains custody of the waste, or the facility owner or operator shall provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under sub. (5) or (6).
NR 664.0072(5) (5) Except as provided in par. (g), for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility owner or operator shall prepare a new manifest in accordance with s. NR 662.020 (1) and the following instructions:
NR 664.0072(5)(a) (a) Write the generator's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
NR 664.0072(5)(b) (b) Write the name of the alternate designated facility and the facility's EPA ID number in the designated facility block (Item 8) of the new manifest.
NR 664.0072(5)(c) (c) Copy the manifest tracking number found in Item 4 of the old manifest to the special handling and additional information block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
NR 664.0072(5)(d) (d) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the discrepancy block of the old manifest (Item 18a).
NR 664.0072(5)(e) (e) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT description) of the new manifest and write the container types, quantity and volume of waste.
NR 664.0072(5)(f) (f) Sign the generator's or offeror's certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.
NR 664.0072(5)(g) (g) For full load rejections that are made while the transporter remains present at the facility, the facility owner or operator may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the alternate facility space. The facility owner or operator shall retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility owner or operator shall use a new manifest and comply with pars. (a) to (f).
NR 664.0072(6) (6) Except as provided in par. (g), for rejected wastes and residues that must be sent back to the generator, the facility owner or operator shall prepare a new manifest in accordance with s. NR 662.020 (1) and the following instructions:
NR 664.0072(6)(a) (a) Write the facility's EPA ID number in Item 1 of the new manifest. Write the facility's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the facility's site address, then write the facility's site address in the designated space for Item 5.
NR 664.0072(6)(b) (b) Write the name of the initial generator and the generator's EPA ID number in the designated facility block (Item 8) of the new manifest.
NR 664.0072(6)(c) (c) Copy the manifest tracking number found in Item 4 of the old manifest to the special handling and additional information block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
NR 664.0072(6)(d) (d) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the discrepancy block of the old manifest (Item 18a).
NR 664.0072(6)(e) (e) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity and volume of waste.
NR 664.0072(6)(f) (f) Sign the generator's or offeror's certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.
NR 664.0072(6)(g) (g) For full load rejections that are made while the transporter remains at the facility, the facility owner or operator may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the alternate facility space. The facility owner or operator shall retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility owner or operator shall use a new manifest and comply with pars. (a) to (f).
NR 664.0072(7) (7) If a facility owner or operator rejects a waste or identifies a container residue that exceeds the quantity limits for empty containers set forth in s. NR 661.07 (2) after it has signed, dated and returned a copy of the manifest to the delivering transporter or to the generator, the facility owner or operator shall amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility owner or operator shall also copy the manifest tracking number from Item 4 of the new manifest to the discrepancy space of the amended manifest, and shall re-sign and date the manifest to certify to the information as amended. The facility owner or operator shall retain the amended manifest for at least 3 years from the date of amendment and shall, within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended. Within 45 days, the facility owner or operator shall also send one copy of the amended manifest to the department in an electronic format specified by the department.
NR 664.0072 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: am. Register March 2007 No. 615, eff. 4-1-07; CR 16-007: am. (6) (a) Register July 2017 No. 739, eff. 8-1-17.
NR 664.0073 NR 664.0073Operating record.
NR 664.0073(1) (1) The owner or operator shall keep a written operating record at the facility.
NR 664.0073(2) (2) All of the following information shall be recorded, as it becomes available, and maintained in the operating record for 3 years unless noted as follows:
NR 664.0073(2)(a) (a) A description and the quantity of each hazardous waste received, and the methods and dates of its treatment, storage or disposal at the facility as required by ch. NR 664 Appendix I. This information shall be maintained in the operating record until closure of the facility.
NR 664.0073(2)(b) (b) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste shall be recorded on a map or diagram that shows each cell or disposal area. For all facilities, this information shall include cross-references to manifest document numbers, if the waste was accompanied by a manifest. This information shall be maintained in the operating record until closure of the facility.
NR 664.0073 Note Note: See s. NR 664.0119 for related requirements.
NR 664.0073(2)(c) (c) Records and results of waste analyses and waste determinations performed as specified in ss. NR 664.0013, 664.0017, 664.0314, 664.0341, 664.1034, 664.1063, 664.1083, 668.04 (1) and 668.07.
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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.