Region II—New York, New Jersey, Commonwealth of Puerto Rico and the U.S. Virgin Islands.
Region III—Pennsylvania, Delaware, Maryland, West Virginia, Virginia and the District of Columbia.
Region IV—Kentucky, Tennessee, North Carolina, Mississippi, Alabama, Georgia, South Carolina and Florida.
Region V—Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI—New Mexico, Oklahoma, Arkansas, Louisiana and Texas.
Region VII—Nebraska, Kansas, Missouri and Iowa.
Region VIII—Montana, Wyoming, North Dakota, South Dakota, Utah and Colorado.
Region IX—California, Nevada, Arizona, Hawaii, Guam, American Samoa, Commonwealth of the Northern Mariana Islands.
Region X—Washington, Oregon, Idaho and Alaska.
“Existing hazardous waste management (HWM) facility" or “existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if par. (a)
and either par. (b) 1.
The owner or operator has obtained the federal, state and local approvals or licenses necessary to begin physical construction.
The owner or operator has entered into contractual obligations - which cannot be canceled or modified without substantial loss - for physical construction of the facility to be completed within a reasonable time.
“Existing portion" means the land surface area of an existing waste management unit, included in the original Part A of the license application, on which wastes have been placed prior to the issuance of a license.
“Existing tank system" or “existing component" means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to March 1, 1991. Installation will be considered to have commenced if the owner or operator has obtained all federal, state and local approvals or licenses necessary to begin physical construction of the site or installation of the tank system and if either 1) a continuous on-site physical construction or installation program has begun or 2) the owner or operator has entered into contractual obligations—which cannot be canceled or modified without substantial loss—for physical construction of the site or installation of the tank system to be completed within a reasonable time.
“Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate or eliminate the threat.
“Explosives or munitions emergency response" means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions or transporting those items to another location to be rendered safe, treated or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at hazardous waste management facilities.
“Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures or destruction techniques. Explosives or munitions emergency response specialists include department of defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU) and DOD-certified civilian or contractor personnel; and other federal, state or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.
All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste, or for managing hazardous secondary material prior to reclamation. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them).
For the purpose of implementing corrective action under s. NR 664.0101
, all contiguous property under the control of the owner or operator seeking a license under ch. 291
, Stats., and Subtitle C of RCRA. This definition also applies to facilities implementing corrective action under s. 291.37
, Stats., and 42 USC 6928
Notwithstanding par. (b)
, a remediation waste management site is not a facility that is subject to s. NR 664.0101
, but is subject to corrective action requirements if the site is located within such a facility.
“Federal agency" means any department, agency or other instrumentality of the federal government, any independent agency or establishment of the federal government including any government corporation, and the government printing office.
“Federal, state and local approvals or licenses necessary to begin physical construction" means licenses and approvals required under federal, state or local hazardous waste control statutes, regulations, rules or ordinances.
“Final closure” means the closure of all hazardous waste management units at the facility according to all applicable closure requirements so that hazardous waste management activities under chs. NR 664
are no longer conducted at the facility unless subject to the provisions in ss. NR 662.015
“Food chain crops" means tobacco, crops grown for human consumption and crops grown for feed for animals whose products are consumed by humans.
“Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.
“Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.
“Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in ch. NR 661
or whose act first causes a hazardous waste to become subject to regulation.
“Generating facility” as used in s. NR 660.10 (51t)
means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator.
“Ground water" means water below the land surface in a zone of saturation.
“Hazardous secondary material” means a secondary material, such as spent material, by-product, or sludge, that, when discarded, would be identified as a hazardous waste, as defined in sub. (52)
“Hazardous secondary material generator” means any person whose act or process produces hazardous secondary material at the generating facility. In this subsection, “generating facility” means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. For the purposes of ss. NR 661.0002 (1) (b) 2.
and 661.0004 (1) (w)
, a facility that collects hazardous secondary material from other persons is not the hazardous secondary material generator.
“Hazardous waste constituent” means a constituent that caused the department to list the hazardous waste in subch. D of ch. NR 661
, or a constituent listed in table 1 of s. NR 661.0024
“Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.
“In operation" refers to a facility which is treating, storing or disposing of hazardous waste.
“Inactive portion" means that portion of a facility which is not operated after August 1, 2006.
NR 660.10 Note
Note: See also “active portion" and “closed portion."
“Incinerator" means any enclosed device that is one of the following:
Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer or carbon regeneration unit, nor is listed as an industrial furnace.
Meets the definition of infrared incinerator or plasma arc incinerator.
“Incompatible waste" means a hazardous waste which is unsuitable for one of the following:
Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls).
Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.
“Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.
“Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:
Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters and foundry furnaces).
Combustion devices used in the recovery of sulfur values from spent sulfuric acid.
Halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated.
Such other devices as the department may, after notice and comment, add to this list on the basis of one or more of the following factors:
The design and use of the device primarily to accomplish recovery of material products.
The use of the device to burn or reduce raw materials to make a material product.
The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks.
The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product.
The use of the device in common industrial practice to produce a material product.
“Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
“Inground tank" means a device meeting the definition of “tank" in this section whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.
“Injection well" means a well into which fluids are injected.
NR 660.10 Note
Note: See also “underground injection."
“Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.
“Installation inspector" means a person who, by reason of that person's knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems.
“Intermediate facility” means a facility that stores hazardous secondary material for more than 10 days, other than a hazardous secondary material generator or reclaimer of such material.
“International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.
“Lamp", also referred to as “universal waste lamp," is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium and metal halide lamps.
“Land-based unit” means an area where hazardous secondary material are placed in or on the land before recycling. This definition does not include land-based production units.
“Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave or a corrective action management unit.
“Landfill cell" means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.
“Land treatment facility" means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.
“Large quantity generator" means a generator that generates any of the following amounts in a calendar month:
Greater than or equal to 1,000 kilograms of non-acute hazardous waste.
Greater than 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)
“Leachate" means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.
“Leak detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system shall employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.
“Liner" means a continuous layer of natural or human-made materials, beneath or on the sides of a waste pile, surface impoundment, landfill or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents or leachate.