“Surface impoundment" or “impoundment" means a facility or part of a facility which is a natural topographic depression, human-made excavation or diked area formed primarily of earthen materials (although it may be lined with human-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling and aeration pits, ponds and lagoons.
“Tank" means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.
“Tank system" means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.
“TEQ" means toxicity equivalence, the international method of relating the toxicity of various dioxin/furan congeners to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.
“Thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation and microwave discharge.
NR 660.10 Note
Note: See also “incinerator" and “open burning."
“Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with s. NR 673.13 (3) (b)
or 673.33 (3) (b)
“Totally enclosed treatment facility" means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.
“Transfer facility” means any transportation-related facility, including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste or hazardous secondary material are held during the normal course of transportation.
“Transport vehicle" means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.
“Transportation" means the movement of hazardous waste by air, rail, highway or water.
“Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway or water.
A study in which a hazardous waste is subjected to a treatment process to determine any of the following:
The characteristics and volumes of residuals from a particular treatment process.
Also included in this definition for the purpose of the s. NR 661.0004 (5)
exemptions are liner compatibility, corrosion and other material compatibility studies and toxicological and health effects studies. A treatability study is not a means to commercially treat or dispose of hazardous waste.
“Treatment" has the meaning given in s. 291.01 (21)
, Stats. Treatment also includes recovering energy or material resources from the waste.
“Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed or immobilized.
“Underground injection" or “well injection" means the placement of a fluid or any substance underground through a well.
NR 660.10 Note
Note: See also “injection well."
“Underground tank" means a device meeting the definition of “tank" in this section whose entire surface area is totally below the surface of and covered by the ground.
“Unfit for use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.
“United States" means the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands.
“Universal waste" means any of the following hazardous wastes that are managed under the universal waste requirements of ch. NR 673
The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste and sends universal waste to another universal waste handler, to a destination facility or to a foreign destination.
A person engaged in the off-site transportation of universal waste by air, rail, highway or water, including a universal waste transfer facility.
“Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway or water.
“Unsaturated zone" or “zone of aeration" means the zone between the land surface and the water table.
“Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.
“Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of the use is contaminated by physical or chemical impurities.
“User of the electronic manifest system" means a hazardous waste generator, a hazardous waste transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person that does any of the following:
Any federal or state requirement to track the shipment, transportation, and receipt of hazardous waste or other waste material that is shipped from the site of generation to an off-site designated facility for treatment, storage, recycling, or disposal.
Any federal or state requirement to track the shipment, transportation, and receipt of rejected wastes or regulated container residues that are shipped from a designated facility to an alternative facility or returned to the generator.
Elects to use the system to obtain, complete and transmit an electronic manifest format supplied by the EPA electronic manifest system.
Elects to use the paper manifest form and submits to the system for data processing purposes a paper copy of the manifest, or data from the paper copy, in accordance with s. NR 664.0071 (1) (b) 5.
or 665.0071 (1) (b) 5.
These paper copies are submitted for data exchange purposes only and are not the official copies of record for legal purposes.
“Very small quantity generator" means a generator that generates less than or equal to any of the following amounts in a calendar month:
100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in s. NR 661.0031
or 661.0033 (5)
“Vessel" includes every description of watercraft, used or capable of being used as a means of transportation on the water.
“Wastewater treatment unit" means a device which is all of the following:
Receives and treats or stores an influent wastewater that is a hazardous waste as defined in s. NR 661.0003
, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in s. NR 661.0003
, or treats or stores a wastewater treatment sludge that is a hazardous waste as defined in s. NR 661.0003
“Water (bulk shipment)" means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels.
“Well" means any of the following: a bored, drilled or driven shaft, a dug hole whose depth is greater than its largest surface dimension, an improved sinkhole or a subsurface fluid distribution system.
“Wipe” means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.
“Zone of engineering control"
means an area under the control of the owner or operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to ground water or surface water.
NR 660.10 Note
See chs. 289
, Stats., for additional definitions.
NR 660.10 History
History: CR 05-032
: cr. Register July 2006 No. 607
, eff. 8-1-06; CR 06-102
: am. (21), (76) and (77) Register March 2007 No. 615
, eff. 4-1-07; EmR1007
: emerg. cr. (70m), am. (107), eff. 3-17-10; CR 10-036
: cr. (70m), am. (107) Register October 2010 No. 658
, eff. 11-1-10; corrections in (15), (141) made under s. 13.92 (4) (b) 7.
, Stats., Register March 2013 No. 687
; CR 16-007
: cr. (9m), (19d), (19g), (19j), am. (43) (b), (70m) (a) to (c), cr. (77m), (83m), am. (107) (a), (b), cr. (108m), am. (133) (c), renum. (139) to (139) (intro.) and (a), cr. (139) (b), (c), (145m) Register July 2017 No. 739
, eff. 8-1-17; correction in (9m), (43) (b), (83m), (108m) (b) made under s. 35.17
, Stats., and correction in numbering of (108m) made under s. 13.92 (4) (b) 1.
, Stats., Register July 2017 No. 739
; CR 19-082
: cr. (3m), (3p), (3t), (3w), (3y), (9t), (13m), (19e), (20m), r. and recr. (21), cr. (28m), (28p), (28s), am (29) (a), (31), (34), (43) (a), (b), (46), cr. (50m), (51m), (51t), am. (52), (53), cr. (65m), (67m), r. and recr. (70m), am. (76), (82), (83m), cr. (83t), (97m), (97t), (100m), r. and recr. (107), am. (108), (108m) (a) 1., 3., (b), (122), (126) (b), cr. (138m), r. and recr. (139), am. (141) (b) Register August 2020 No. 776
, eff. 9-1-20; correction in (13m) (c), (d), (28), (38), (51m), (60) (g), (82), (83m), (108m) (b), (126) (b) made under s. 35.17
, Stats., Register August 2020 No. 776
; correction in (50m) made under s. 13.92 (4) (b) 7.
, Stats., Register April 2021 No. 784
NR 660.11 Incorporation by reference. NR 660.11(1)(1)
This section is adopted under ss. 227.21 (2) (b)
, Stats., to incorporate by reference testing, monitoring, and other technical standards, established by the federal government and technical societies and organizations, to which reference is made in chs. NR 660
. Some materials that are incorporated by reference in other references are hereby incorporated by reference and made a part of this subsection.
NR 660.11 Note
Note: Copies of these materials are available for inspection in the offices of the Department of Natural Resources, Madison, Wisconsin, the Legislative Reference Bureau, or may be obtained for personal use at the addresses noted.
The following materials are available for purchase from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959:
79 or D–93–80, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, incorporated by reference for s. NR 661.0021
ASTM D 2267–88, Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography, incorporated by reference for s. NR 664.1063
NR 660.11 Note
Note: Withdrawn standard, 1992.
ASTM D 2382–83, Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), incorporated by reference for ss. NR 664.1033
ASTM D 2879–92, Standard Test Method for Vapor Pressure—Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, incorporated by reference for s. NR 665.1084
78, Standard Test Methods for Flash Point for Liquids by Setaflash Closed Tester, incorporated by reference for s. NR 661.0021 (1)
ASTM E 168–88, Standard Practices for General Techniques of Infrared Quantitative Analysis, incorporated by reference for s. NR 664.1063
ASTM E 169–87, Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis, incorporated by reference for s. NR 664.1063
ASTM E 260–85, Standard Practice for Packed Column Gas Chromatography, incorporated by reference for s. NR 664.1063
ASTM E 926–88, Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals, Test Method C—Bomb, Acid Digestion Method.
ASTM D346-75, Standard Practice for Collection and Preparation of Coke Samples for Laboratory Analysis, incorporated by reference for ch. NR 661 Appendix I
ASTM D420-69, Guide to Site Characterization for Engineering, Design, and Construction Purposes, incorporated by reference for ch. NR 661 Appendix I
ASTM D2879-86, Standard Test Method for Vapor Pressure—Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, incorporated by reference for ch. NR 664
and subch. BB of ch. NR 665
ASTM G21-70 (1984a), Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi, incorporated by reference for ch. NR 664
and subch. N of ch. NR 665