“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.
“Subsurface fluid distribution system" means an assemblage of perforated pipes or drain tiles, or any similar conveyance, intended to place or distribute a fluid underground.
“Sump" means any pit or reservoir that meets the definition of tank and those troughs or trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment or disposal facilities; except that as used in the landfill, surface impoundment and waste pile rules, sump means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.
“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