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.
NR 664.0073(2)(d) (d) Summary reports and details of all incidents that require implementing the contingency plan as specified in s. NR 664.0056 (9).
NR 664.0073(2)(e) (e) Records and results of inspections as required by s. NR 664.0015 (4) (except these data need be kept only 3 years).
NR 664.0073(2)(f) (f) Maintain in the operating record for 3 years the monitoring, testing or analytical data, and corrective actions where required by subch. F and ss. NR 664.0019, 664.0191, 664.0193, 664.0195, 664.0222, 664.0223, 664.0226, 664.0252 to 664.0254, 664.0302 to 664.0304, 664.0309, 664.0347, 664.0602, 664.1034 (3) to (6), 664.1035, 664.1063 (4) to (9), 664.1064, and 664.1082 to 664.1090. Records and results pertaining to groundwater monitoring and cleanup shall be maintained in the operating record until closure of the facility.
NR 664.0073(2)(g) (g) For off-site facilities, notices to generators as specified in s. NR 664.0012 (2).
NR 664.0073(2)(h) (h) All closure cost estimates under s. NR 664.0142, and, for disposal facilities, all long-term care cost estimates under s. NR 664.0144. This information shall be maintained in the operating record until closure of the facility.
NR 664.0073(2)(i) (i) A certification by the licensee no less often than annually, that the licensee has a program in place to reduce the volume and toxicity of hazardous waste generated at the facility to the degree determined by the licensee to be economically practicable; and the proposed method of treatment, storage or disposal is that practicable method currently available to the licensee which minimizes the present and future threat to human health and the environment.
NR 664.0073(2)(j) (j) Records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to s. NR 668.05 or a petition pursuant to s. NR 668.06, and the applicable notice required by a generator under s. NR 668.07 (1). This information shall be maintained in the operating record until closure of the facility.
NR 664.0073(2)(k) (k) For an off-site treatment facility, a copy of the notice required by the generator or the owner or operator under s. NR 668.07.
NR 664.0073(2)(L) (L) For an on-site treatment facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator under s. NR 668.07.
NR 664.0073(2)(m) (m) For an off-site land disposal facility, a copy of the notice required by the generator or the owner or operator of a treatment facility under s. NR 668.07.
NR 664.0073(2)(n) (n) For an on-site land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under s. NR 668.07, except for the manifest number.
NR 664.0073(2)(o) (o) For an off-site storage facility, a copy of the notice required by the generator or the owner or operator under s. NR 668.07.
NR 664.0073(2)(p) (p) For an on-site storage facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator under s. NR 668.07.
NR 664.0073(2)(q) (q) Any records required under s. NR 664.0001 (10) (m).
NR 664.0073(2)(r) (r) Monitoring, testing or analytical data where required by s. NR 664.0347 shall be maintained in the operating record for 5 years.
NR 664.0073(2)(s) (s) Certifications as required by s. NR 664.0196 (6) shall be maintained in the operating record until closure of the facility.
NR 664.0073 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (2) (intro.), (a), (b), (f), (h), (j), cr. (2) (r), (s) Register July 2017 No. 739, eff. 8-1-17; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739, eff. 8-1-17.
NR 664.0074 NR 664.0074Availability, retention and disposition of records.
NR 664.0074(1)(1) All records, including plans, required under this chapter shall be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee or representative of the department.
NR 664.0074(2) (2) The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the department.
NR 664.0074(3) (3) A copy of records of waste disposal locations and quantities under s. NR 664.0073 (2) (b) shall be submitted to the department and local land authority upon closure of the facility.
NR 664.0074 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0075 NR 664.0075Annual report. The owner or operator shall prepare and submit a single copy of an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms, shall cover facility activities during the previous calendar year and shall, at a minimum, include all of the following:
NR 664.0075(1) (1) The EPA identification number, name and address of the facility.
NR 664.0075(2) (2) The calendar year covered by the report.
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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.