NR 666.330(2)
(2) You have received return receipts that you have notified us and the LLRW disposal facility as described in
s. NR 666.345.
NR 666.330(3)
(3) You have completed the packaging and preparation for shipment requirements for your waste according to NRC packaging and transportation regulations found under
10 CFR part 71 (or NRC agreement state equivalent rules); and you have prepared a manifest for your waste according to NRC manifest regulations found under
10 CFR part 20 (or NRC agreement state equivalent rules).
NR 666.330(4)
(4) You have placed your waste on a transportation vehicle destined for a LLRW disposal facility licensed by NRC or an NRC agreement state.
NR 666.330 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.335
NR 666.335
Where must your exempted waste be disposed of? Your exempted waste shall be disposed of in a LLRW disposal facility that is regulated and licensed by NRC under
10 CFR part 61 or by an NRC agreement state under equivalent state rules, including state NARM licensing rules for eligible NARM.
NR 666.335 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.340
NR 666.340
What type of container must be used for disposal of exempted waste? Your exempted waste shall be placed in containers before it is disposed. The container shall be any of the following:
NR 666.340(2)
(2) An alternative container with equivalent containment performance in the disposal environment as a carbon steel drum.
NR 666.340 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Notification
NR 666.345(1)
(1) You shall provide a one-time notice to us stating that you are claiming the transportation and disposal conditional exemption prior to the initial shipment of an exempted waste from your facility to a LLRW disposal facility. Your dated written notice shall include your facility name, address, phone number and EPA ID number, and be sent by certified delivery.
NR 666.345(2)
(2) You shall notify the LLRW disposal facility receiving your exempted waste by certified delivery before shipment of each exempted waste. You may only ship the exempted waste after you have received the return receipt of your notice to the LLRW disposal facility. This notification shall include all of the following:
NR 666.345(2)(a)
(a) A statement that you have claimed the exemption for the waste.
NR 666.345(2)(b)
(b) A statement that the eligible waste meets applicable LDR treatment standards.
NR 666.345(2)(c)
(c) Your facility's name, address and EPA hazardous waste ID number.
NR 666.345(2)(d)
(d) The hazardous waste codes prior to the exemption of the waste streams.
NR 666.345(2)(e)
(e) A statement that the exempted waste shall be placed in a container according to
s. NR 666.340 prior to disposal in order for the waste to remain exempt under the transportation and disposal conditional exemption of this subchapter.
NR 666.345(2)(f)
(f) The manifest number of the shipment that will contain the exempted waste.
NR 666.345(2)(g)
(g) A certification that all the information provided is true, complete and accurate. Your authorized representative shall sign the statement.
NR 666.345 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
General, Transportation and D
isposal
Recordkeeping
NR 666.350
NR 666.350
What general, transportation and disposal records must you keep at your facility and for how long? In addition to those records required by your NRC or NRC agreement state license, you shall keep records according to all of the following:
NR 666.350(1)
(1) You shall follow the applicable existing recordkeeping requirements under
ss. NR 664.0073,
665.0073 and
668.07 to demonstrate that your waste has met LDR treatment standards prior to your claiming the exemption.
NR 666.350(2)
(2) You shall keep a copy of all notifications and return receipts required under
ss. NR 666.355 and
666.360 for 3 years after the exempted waste is sent for disposal.
NR 666.350(3)
(3) You shall keep a copy of all notifications and return receipts required under
s. NR 666.345 (1) for 3 years after the last exempted waste is sent for disposal.
NR 666.350(4)
(4) You shall keep a copy of the notification and return receipt required under
s. NR 666.345 (2) for 3 years after the exempted waste is sent for disposal.
NR 666.350(5)
(5) If you are not already subject to NRC, or NRC agreement state equivalent manifest and transportation rules for the shipment of your waste, you shall also keep all other documents related to tracking the exempted waste as required under
10 CFR 20.2006 or NRC agreement state equivalent rules, including applicable NARM requirements, in addition to the records specified in
subs. (1) to
(4).
NR 666.350 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Loss of Transportation and Disposal
Conditional Exemption
NR 666.355
NR 666.355
How could you lose the transportation and disposal conditional exemption for your waste and what actions must you take? NR 666.355(1)
(1) Any waste will automatically lose the transportation and disposal exemption if you fail to manage it in accordance with all of the conditions specified in
s. NR 666.315.
NR 666.355(1)(a)
(a) When you fail to meet any of the conditions specified in
s. NR 666.315 for any of your wastes, you shall report to us, in writing by certified delivery, within 30 days of learning of the failure. Your report shall be signed by your authorized representative certifying that the information provided is true, accurate and complete. This report shall include all of the following:
NR 666.355(1)(a)2.
2. A description of the waste (including the waste name, hazardous waste codes and quantity) that lost the exemption.
NR 666.355(1)(b)
(b) If the failure to meet any of the conditions may endanger human health or the environment, you shall also immediately notify us orally within 24 hours and follow up with a written notification within 5 days.
NR 666.355(2)
(2) We may terminate your ability to claim a conditional exemption for your waste, or require you to meet additional conditions to claim a conditional exemption, for serious or repeated noncompliance with any requirements of this subchapter.
NR 666.355 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.360
NR 666.360
If you lose the transportation and disposal conditional exemption for a waste, can the exemption be reclaimed? NR 666.360(1)
(1) You may reclaim the transportation and disposal exemption for a waste after you have received a return receipt confirming that we have received your notification of the loss of the exemption specified in
s. NR 666.355 (1) if both of the following apply:
NR 666.360(1)(b)
(b) You send a notice, by certified delivery, to us that you are reclaiming the exemption for the waste. Your notice shall be signed by your authorized representative certifying that the information provided is true, accurate and complete. The notice shall do all of the following:
NR 666.360(1)(b)2.
2. Certify that each failure that caused you to lose the exemption for the waste has been corrected and that you again meet all conditions for the waste as of the date you specify.
NR 666.360(1)(b)3.
3. Describe plans you have implemented, listing the specific steps that you have taken, to ensure that conditions will be met in the future.
NR 666.360(1)(b)4.
4. Include any other information you want us to consider when we review your notice reclaiming the exemption.
NR 666.360(2)
(2) We may terminate a reclaimed conditional exemption if we find that your claim is inappropriate based on factors including, but not limited to, your failure to correct the problem, to provide a satisfactory explanation of the circumstances of the failure or to implement a plan with steps to prevent another failure to meet the conditions of
s. NR 666.315. In reviewing a reclaimed conditional exemption under this section, we may add conditions to the exemption to ensure that transportation and disposal activities will protect human health and the environment.
NR 666.360 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
subch. HH of ch. NR 666
Subchapter HH — Household and Very Small Quantity Generator Hazardous Waste Collection Facilities
NR 666.900
NR 666.900
Applicability. This subchapter establishes minimum design and operating standards for owners or operators of collection facilities that collect or store household hazardous waste or very small quantity generator waste, or both. The owner or operator of a collection facility is exempt from the hazardous waste storage facility standards and licensing requirements in
chs. NR 664,
665 and
670 if the owner or operator complies with all applicable requirements of this subchapter.
NR 666.900 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.901
NR 666.901
Definitions. The following definitions apply to this subchapter:
NR 666.901(1)
(1) "Affected municipality" means a town, city, village or county in which a collection facility is located, or is proposed to be located.
NR 666.901(2)
(2) "Collection facility" means a facility established to collect or store household hazardous waste or very small quantity generator waste, or both.
NR 666.901(3)
(3) "Elementary neutralization unit" means a container or tank used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in
s. NR 661.22, or they are listed in subch.
D of ch. NR 661 only for corrosivity.
NR 666.901(4)
(4) "Household hazardous waste" means a household waste that exhibits a characteristic of hazardous waste or is listed in
ch. NR 661.
NR 666.901(5)
(5) "Permanent collection facility" means a collection facility where household hazardous waste or very small quantity generator waste, or both, is collected or stored for more than 5 consecutive days.
NR 666.901(6)
(6) "Temporary collection facility" means a collection facility where household hazardous waste or very small quantity generator waste, or both, is collected or stored for no more than 5 consecutive days.
NR 666.901 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.902
NR 666.902
Standards for design of permanent collection facilities. The owner or operator of a permanent collection facility shall construct and maintain the facility according to all of the following minimum design criteria:
NR 666.902(1)
(1) A collection facility may not be located in any of the following:
NR 666.902(1)(c)
(c) A habitat determined by the department to be critical to the continued existence of any threatened or endangered species listed in
ch. NR 27.
NR 666.902(2)
(2) The maximum amount of hazardous waste stored may not exceed 240,000 pounds (109,091 kg).
NR 666.902(3)
(3) All hazardous waste shall be stored in containers in a building completely enclosed with a floor, walls and roof to prevent exposure to the elements.
NR 666.902(4)
(4) The floor underlying the containers shall be free of cracks and gaps and sufficiently impervious to contain leaks and spills until the released material is detected and removed.
NR 666.902(5)
(5) The floor shall be sloped or a containment system shall be designed and operated to drain and remove liquids resulting from leaks or spills, unless the containers are elevated or are otherwise prevented from contact with accumulated liquids.
NR 666.902(6)
(6) The containment system shall have sufficient capacity to contain the volume of the largest container, or 10% of the volume of all containers, whichever is greater. Containers that do not contain free liquids need not be considered in this determination.
NR 666.902(7)
(7) Spilled or leaked waste shall be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system, or within 24 hours, whichever is less.
NR 666.902 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.903
NR 666.903
Standards for operation of permanent collection facilities. An owner or operator of a permanent collection facility shall comply with all of the following:
NR 666.903(1)
(1) notification. At least 30 days prior to first accepting hazardous waste from off-site, submit the "Notification of Activity for Household and Very Small Quantity Generator Hazardous Waste Collection Facility" form 4430-020 to the department and to the clerk of the affected municipalities.
NR 666.903 Note
Note: This is a one-time notification. Permanent facilities that close for the season are not required to re-submit the form unless there is a change in ownership or facility operations.
NR 666.903(3)
(3) Storage time limit. Store hazardous waste for no longer than one year from the date the waste is received.
NR 666.903(4)
(4) Container management. Manage containers of hazardous waste according to all of the following:
NR 666.903(4)(a)
(a) Label each container with either the words "hazardous waste" or other words that identify the contents of the container.
NR 666.903(4)(b)
(b) Clearly mark the accumulation start date on each container.
NR 666.903(4)(c)
(c) Store waste in containers that are in good condition and compatible with the waste being stored.
NR 666.903(4)(d)
(d) Store containers closed except when adding or removing waste.
NR 666.903(4)(e)
(e) Open, handle and store containers to prevent ruptures and leaks.
NR 666.903(4)(f)
(f) Inspect containers and the areas where they are stored at least weekly for leaks and deterioration caused by corrosion or other factors. Take immediate action to correct problems found during inspections.
NR 666.903(4)(g)
(g) Maintain adequate aisle space in the container storage areas to allow for unobstructed movement of personnel, fire protection and spill control equipment in an emergency.
NR 666.903(5)
(5) Ignitable, reactive or incompatible waste. Manage ignitable, reactive or incompatible wastes according to all of the following:
NR 666.903(5)(b)
(b) Separate containers of incompatible wastes by means of a dike, berm, wall or other device.
