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.
“Management" or “hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous waste.
“Manifest" has the meaning given in s. 291.01 (11)
, Stats. “Manifest" also means the shipping document EPA Form 8700–22 and, if necessary, EPA form 8700-22A, or the electronic manifest, originated and signed by the generator or offeror according to the instructions in the appendix to 40 CFR part 262
and the applicable requirements of chs. NR 662
“Manifest tracking number" means the alphanumeric identification number, a unique 3 letter suffix preceded by 9 numerical digits, which is pre-printed in Item 4 of the manifest by a registered source.
means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.
“Military munitions" means all ammunition products and components produced or used by or for the U.S. department of defense or the U.S. armed services for national defense and security, including military munitions under the control of the department of defense, the U.S. coast guard, the U.S. department of energy (DOE) and national guard personnel. The term military munitions includes: confined gaseous, liquid and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices and nuclear weapons, nuclear devices and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the atomic energy act of 1954 (42 USC parts 2011 to 2114), as amended, have been completed.
“Mining overburden returned to the mine site" means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.
“Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well, containment building, corrective action management unit, unit eligible for a research, development and demonstration license under s. NR 670.065
, or staging pile.
“Movement" means that hazardous waste transported to a facility in an individual vehicle.
“New hazardous waste management facility" or “new facility" means a facility that began operation, or for which construction commenced, after November, 19, 1980.
“New tank system" or “new tank component" means a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced after March 1, 1991; except, however, for purposes of ss. NR 664.0193 (7) (b)
and 665.0193 (7) (b)
, a new tank system is one for which construction commences after July 14, 1986.
NR 660.10 Note
Note: See also “existing tank system."
“No free liquids,” as used in s. NR 661.0004 (1) (z)
and (2) (r)
, means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B Paint Filter Liquids Test in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA SW–846, incorporated by reference in s. NR 660.11
, and that there is no free liquid in the container holding the wipes. “No free liquids” may also be determined using another standard or test method as defined by the department.
“Non-acute hazardous waste” means all hazardous wastes that are not acute hazardous waste.
“On ground tank" means a device meeting the definition of “tank" in this section and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.
“On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which the owner controls and to which the public does not have access, is also considered on-site property.
“Open burning" means the combustion of any material without any of the following characteristics:
Control of combustion air to maintain adequate temperature for efficient combustion.
Containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion.
NR 660.10 Note
Note: See also “incineration" and “thermal treatment."
“Operator" means the person responsible for the overall operation of a facility.
“Owner" means the person who owns a facility or part of a facility.
“Partial closure" means the closure of a hazardous waste management unit according to the applicable closure requirements of chs. NR 664
at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile or other hazardous waste management unit, while other units of the same facility continue to operate.
“Person" means an individual, trust, firm, joint stock company, limited liability company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state or any interstate body.
“Personnel" or “facility personnel" means all persons who work at or oversee the operations of a hazardous waste facility, and whose actions or failure to act may result in noncompliance with ch. NR 664
“Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant, other than any article that is one of the following:
An animal drug that has been determined by regulation of the federal secretary of health and human services to not be a new animal drug.
An animal feed under the federal food, drug and cosmetic act (FFDCA), 21 USC 321
(w) that bears or contains any substances described by par. (a)
“Pile" means any non-containerized accumulation of solid, non-flowing hazardous waste that is used for treatment or storage and that is not a containment building.
“Plasma arc incinerator" means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
“Publicly owned treatment works" or “POTW" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a “state" or “municipality" (as defined by s. 283.01 (7)
, Stats.). This definition includes sewers, pipes or other conveyances only if they convey wastewater to a POTW providing treatment.
“Qualified ground-water scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering, and has sufficient training and experience in ground-water hydrology and related fields as may be demonstrated by state registration, professional certifications or completion of accredited university courses that enable that individual to make sound professional judgments regarding ground-water monitoring and contaminant fate and transport.
“Recognized trader” means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.
“Remanufacturing” means processing a higher-value hazardous secondary material in order to manufacture a product that serves a similar functional purpose as the original commercial-grade material. For the purpose of this definition, a hazardous secondary material is considered higher-value if it was generated from the use of a commercial-grade material in a manufacturing process and can be remanufactured into a similar commercial-grade material.
“Remediation waste" means all solid and hazardous wastes, and all media (including ground water, surface water, soils and sediments) and debris, that are managed for implementing cleanup.
“Remediation waste management site" means a facility where an owner or operator is or will be treating, storing or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under s. NR 664.0101
, but is subject to corrective action requirements if the site is located in such a facility.
“Replacement unit" means a landfill, surface impoundment or waste pile unit (1) from which all or substantially all of the waste is removed and (2) that is subsequently reused to treat, store or dispose of hazardous waste. Replacement unit does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, according to an approved closure plan or EPA or state approved corrective action.
“Resource conservation and recovery act” or “RCRA” means the public law that creates the framework for the proper management of hazardous and non-hazardous solid waste. The term RCRA is often used interchangeably to refer to the law and regulations.
“Representative sample" means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.
“Run-off" means any rainwater, leachate or other liquid that drains over land from any part of a facility.
“Run-on" means any rainwater, leachate or other liquid that drains over land onto any part of a facility.
“Saturated zone" or “zone of saturation" means that part of the earth's crust in which all voids are filled with water.
“Sludge" means any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
“Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis.
“Small quantity generator" means a generator who generates any of the following amounts in a calendar month:
Greater than 100 kilograms but less than 1,000 kilograms of non-acute hazardous waste.
Less than or equal to 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)
A wipe that, after use or after cleaning up a spill, is any of the following:
Exhibits only the hazardous waste characteristic of ignitability found in s. NR 661.0021
due to the presence of one or more solvents that are not listed in ch. NR 661
Solvent-contaminated wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions at s. NR 661.0004 (1) (z)
and (2) (r)
“Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both. “Sorb" means to either adsorb or absorb, or both.
“Staging pile" means an accumulation of solid, non-flowing remediation waste (as defined in this section) that is not a containment building and that is used only during remedial operations for temporary storage at a facility. Staging piles shall be designated by the department according to s. NR 664.0554
“State" means any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands.
“Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of or stored elsewhere.