NR 661.0001(3) (3) For the purposes of ss. NR 661.0002 and 661.0006:
NR 661.0001(3)(a) (a) “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.
NR 661.0001(3)(b) (b) “Sludge” has the meaning used in s. NR 660.0010 (105).
NR 661.0001(3)(c) (c) “By-product” means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples of by-products are process residues such as slags or distillation column bottoms. “By-product” does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.
NR 661.0001(3)(d) (d) “Reclaimed” means a material that has been processed to recover a usable product or that has been regenerated. Examples of “reclaimed material” are recovery of lead values from spent batteries, regeneration of spent solvents, and, for the purposes of s. NR 661.0004 (1) (w) and (x), smelting, melting, and refining furnaces solely engaged in metals reclamation if the metal recovery from the hazardous secondary material meets the requirements specified for metals recovery from hazardous waste found in ss. NR 666.100 (4) (a) to (c), and if the residuals meet the requirements specified in s. NR 666.112.
NR 661.0001(3)(e) (e) “Used or reused” means a material that is one of the following:
NR 661.0001(3)(e)1. 1. Employed as an ingredient, including use as an intermediate, in an industrial process to make a product, such as distillation bottoms from one process used as feedstock in another process. However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products, as when metals are recovered from metal-containing secondary material.
NR 661.0001(3)(e)2. 2. Employed in a particular function or application as an effective substitute for a commercial product, such as spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment.
NR 661.0001(3)(f) (f) “Scrap metal” means bits and pieces of metal parts, such as bars, turnings, rods, sheets, wire, or metal pieces that may be combined together with bolts or soldering, such as radiators, scrap automobiles, or railroad box cars, which when worn or superfluous, can be recycled.
NR 661.0001(3)(g) (g) “Recycled” means a material that is used, reused, or reclaimed.
NR 661.0001(3)(h) (h) “Accumulated speculatively” means a material that is accumulated before being recycled.
NR 661.0001(3)(h)1. 1. A material is not accumulated speculatively if the person accumulating it can show all of the following:
NR 661.0001(3)(h)1.a. a. The material is potentially recyclable and has a feasible means of being recycled.
NR 661.0001(3)(h)1.b. b. During the calendar year commencing on January 1, the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period.
NR 661.0001(3)(h)2. 2. Materials that are accumulated speculatively shall be placed in a storage unit with a label indicating the first date that the material began to be accumulated. If placing a label on the storage unit is not practicable, the accumulation period shall be documented through an inventory log or other appropriate method.
NR 661.0001(3)(h)3. 3. In calculating the percentage of turnover for materials that are accumulated speculatively, the 75 percent requirement shall be applied to each material of the same type, such as slags from a single smelting process, that is recycled in the same way. Materials accumulating in units that are exempt from regulation under s. NR 661.0004 (3) may not be included in making the calculation.
NR 661.0001(3)(h)4. 4. Materials that are accumulated speculatively that are already defined as solid wastes may not be included in making the calculation.
NR 661.0001(3)(h)5. 5. Materials that are accumulated speculatively are no longer in this category once they are removed from accumulation for recycling.
NR 661.0001(3)(i) (i) “Excluded scrap metal” means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.
NR 661.0001(3)(j) (j) “Processed scrap metal” means scrap metal that has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes scrap metal that has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type, and, fines, drosses and related materials that have been agglomerated.
NR 661.0001 Note Note: Shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled under s. NR 661.0004 (1) (n).
NR 661.0001(3)(k) (k) “Home scrap metal” means scrap metal generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.
NR 661.0001(3)(L) (L) “Prompt scrap metal” means scrap metal generated by the metal working and fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings.
NR 661.0001 Note Note: Prompt scrap is also known as industrial or new scrap metal.
NR 661.0001 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (a), (2) (a), (b) (intro.), (3) (c), (h) 1. b. made under s. 35.17, Stats., Register August 2020 No. 776.
NR 661.0002 NR 661.0002Definition of solid waste.
NR 661.0002(1)(a) (a) “Solid waste” means any discarded material that is not excluded under s. NR 661.0004 (1) or that is not excluded by a variance granted under ss. NR 660.30 and 660.31 or that is not excluded by a non-waste determination under ss. NR 660.30 and 660.34.
NR 661.0002(1)(b) (b) “Discarded material” means any material that is one of the following:
NR 661.0002(1)(b)1. 1. Abandoned, as specified in sub. (2).
NR 661.0002(1)(b)2. 2. Recycled, as specified in sub. (3).
NR 661.0002(1)(b)3. 3. Considered inherently waste-like, as specified in sub. (4).
NR 661.0002(1)(b)4. 4. A military munition identified as a solid waste as specified in s. NR 666.202.
NR 661.0002(2) (2) Materials are solid wastes if they are abandoned by being any of the following:
NR 661.0002(2)(a) (a) Disposed of.
NR 661.0002(2)(b) (b) Burned or incinerated.
NR 661.0002(2)(c) (c) Accumulated, stored, or treated, but not recycled, before or in lieu of being abandoned by being disposed of, burned or incinerated.
NR 661.0002(2)(d) (d) Sham recycled, as specified in sub. (7).
NR 661.0002(3) (3) Materials are solid wastes if they are recycled, or accumulated, stored, or treated before recycling as specified in pars. (a) to (d):
NR 661.0002(3)(a) (a) They are used in a manner constituting disposal.
NR 661.0002(3)(a)1. 1. Materials noted with a “*” in column 1 of Table 1 are solid wastes when they are any of the following:
NR 661.0002(3)(a)1.a. a. Applied to or placed on the land in a manner that constitutes disposal.
NR 661.0002(3)(a)1.b. b. Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land, in which case the product itself remains a solid waste.
NR 661.0002(3)(a)2. 2. Commercial chemical products listed in s. NR 661.0033 are not solid wastes if they are applied to the land and that is their ordinary manner of use.
NR 661.0002(3)(b) (b) They are burned for energy recovery.
NR 661.0002(3)(b)1. 1. Materials noted with a “*” in column 2 of Table 1 are solid wastes when they are any of the following:
NR 661.0002(3)(b)1.a. a. Burned to recover energy.
NR 661.0002(3)(b)1.b. b. Used to produce a fuel or are otherwise contained in fuels, in which cases the fuel itself remains a solid waste.
NR 661.0002(3)(b)2. 2. Commercial chemical products listed in s. NR 661.0033 are not solid wastes if they are themselves fuels.
NR 661.0002(3)(c) (c) They are reclaimed. Materials noted with a “-” in column 3 of Table 1 are not solid wastes when reclaimed. Materials noted with an “*” in column 3 of Table 1 are solid wastes when reclaimed unless they meet the requirements specified in s. NR 661.0004 (1) (q), (w), (x), or (za).
NR 661.0002(3)(d) (d) They are accumulated speculatively. Materials noted with a “*” in column 4 of Table 1 are solid wastes when accumulated speculatively.
Table 1 - See PDF for table PDF
NR 661.0002 Note Note: The terms “spent materials,” “ sludges,” “by-products,” “scrap metal” and “processed scrap metal” are defined in s. NR 661.0001.
NR 661.0002(4) (4) All of the following inherently waste-like materials are solid wastes when they are recycled in any manner:
NR 661.0002(4)(a) (a) Hazardous waste numbers F020, F021, unless used as an ingredient to make a product at the site of generation, F022, F023, F026, and F028.
NR 661.0002(4)(b) (b) Secondary material fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste, as defined in subch. C or D, except for brominated material that meets all of the following criteria:
NR 661.0002(4)(b)1. 1. The material contains a bromine concentration of at least 45%.
NR 661.0002(4)(b)2. 2. The material contains less than a total of 1% of toxic organic compounds listed in Appendix VIII.
NR 661.0002(4)(b)3. 3. The material is processed continually on-site in the halogen acid furnace via direct conveyance by hard piping.
NR 661.0002(4)(c) (c) The department shall use all of the following criteria to add wastes to the inherently waste-like materials list:
NR 661.0002(4)(c)1. 1. Any of the following:
NR 661.0002(4)(c)1.a. a. The materials are ordinarily disposed of, burned, or incinerated.
NR 661.0002(4)(c)1.b. b. The materials contain toxic constituents listed in Appendix VIII and these constituents are not ordinarily found in raw materials or products for which the materials substitute, or are found in raw materials or products in smaller concentrations, and are not used or reused during the recycling process.
NR 661.0002(4)(c)2. 2. The material may pose a substantial hazard to human health and the environment when recycled.
NR 661.0002(5)(a) (a) A material is not a solid waste when it can be shown to be recycled by being one of the following:
NR 661.0002(5)(a)1. 1. Used or reused as an ingredient in an industrial process to make a product, provided the material is not being reclaimed prior to the use or reuse.
NR 661.0002(5)(a)2. 2. Used or reused as an effective substitute for commercial products, provided the material is not reclaimed prior to the use or reuse.
NR 661.0002(5)(a)3. 3. Returned to the original process from which it was generated, without first being reclaimed or land disposed. The material shall be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the material shall be managed such that there is no placement on the land. In cases where the material is generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at s. NR 661.0004 (1) (q) apply rather than this subsection.
NR 661.0002(5)(b) (b) All of the following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process as described in par. (a) 1. to 3.:
NR 661.0002(5)(b)1. 1. Materials used in a manner constituting disposal or used to produce products that are applied to the land.
NR 661.0002(5)(b)2. 2. Materials burned for energy recovery, used to produce a fuel, or contained in fuels.
NR 661.0002(5)(b)3. 3. Materials accumulated speculatively.
NR 661.0002(5)(b)4. 4. Materials listed in sub. (4) (a) and (b).
NR 661.0002(6) (6) A respondent in an action to enforce ch. 291, Stats., and chs. NR 660 to 667 who raises a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, the respondent shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste, or is exempt from regulation. In addition, an owner or operator of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment to do so.
NR 661.0002(7) (7) A hazardous secondary material found to be sham recycled is considered discarded and a solid waste. “Sham recycling” means recycling that is not legitimate recycling as defined in s. NR 660.43.
NR 661.0002 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (intro.), (3) (intro.), (Table 1), (4) (b) made under s. 35.17, Stats., Register August 2020 No. 776.
NR 661.0003 NR 661.0003Definition of hazardous waste.
NR 661.0003(1)(1)A solid waste, as defined in s. NR 661.0002, is a hazardous waste if all of the following apply:
NR 661.0003(1)(a) (a) It is not excluded from regulation as a hazardous waste under s. NR 661.0004 (2).
NR 661.0003(1)(b) (b) It meets any of the following criteria:
NR 661.0003(1)(b)1. 1. It exhibits any of the characteristics of hazardous waste identified in subch. C. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under s. NR 661.0004 (2) (g) and any other solid waste exhibiting a characteristic of hazardous waste under subch. C is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in Table 2 of s. NR 661.0024 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture.
NR 661.0003(1)(b)2. 2. It is listed in subch. D and has not been excluded from the lists in subch. D under ss. NR 660.20 and 660.22.
NR 661.0003(1)(b)4. 4. It is a mixture of solid waste and one or more hazardous wastes listed in subch. D and has not been excluded from this paragraph under ss. NR 660.20 and 660.22, or sub. (7) or (8); however, the following mixtures of solid wastes and hazardous wastes listed in subch. D are not hazardous wastes (except by application of subd. 1. or 2.) if the generator can demonstrate that the mixture consists of wastewater discharge subject to regulation under either s. 283.21 (2), 283.31 or 283.33, Stats., (including wastewater at facilities that have eliminated the discharge of wastewater) and one of the following:
NR 661.0003(1)(b)4.a. a. One or more of the following spent solvents listed in s. NR 661.0031: benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber waters derived from the combustion of these spent solvents, provided, that the maximum total weekly usage of these solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed one part per million, or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system, at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, does not exceed one part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption shall use an aerated biological wastewater treatment system and shall use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan shall include the monitoring point location, headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if the department finds that the sampling and analysis plan fails to include the above information, or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until the bases for rejection are corrected.
NR 661.0003(1)(b)4.b. b. One or more of the following spent solvents listed in s. NR 661.0031: methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived from the combustion of these spent solvents, provided that the maximum total weekly usage of these solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 25 parts per million, or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system, at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469 or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, does not exceed 25 parts per million on an average weekly basis. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan shall include the monitoring point location, headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if the department finds that the sampling and analysis plan fails to include the above information, or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until the bases for rejection are corrected.
NR 661.0003(1)(b)4.c. c. One of the following wastes listed in s. NR 661.0032, if the wastes are discharged to the refinery oil recovery sewer before primary oil, water, or solids separation: heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA hazardous waste number K050), crude oil storage tank sediment from petroleum refining operations (EPA hazardous waste number K169), clarified slurry oil tank sediment or in-line filter/separation solids from petroleum refining operations (EPA hazardous waste number K170), spent hydrotreating catalyst (EPA hazardous waste number K171), and spent hydrorefining catalyst (EPA hazardous waste number K172).
NR 661.0003(1)(b)4.d. d. A discarded hazardous waste, commercial chemical product, or chemical intermediate listed in ss. NR 661.0031 to 661.0033, arising from de minimis losses of these materials. For the purposes of this subd. 4. d., de minimis losses are inadvertent releases to a wastewater treatment system, including those from normal material handling operations, such as spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials; minor leaks of process equipment, storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in ss. NR 661.0031 to 661.0032, or any nonmanufacturing facility that claims an exemption for de minimis quantities of wastes listed in subch. D shall either have eliminated the discharge of wastewaters or have included in its Wisconsin Pollution Discharge Elimination System permit application or submission to its pretreatment control authority the constituents for which each waste was listed in ch. NR 661 Appendix VII and the constituents in the table “Treatment Standards for Hazardous Wastes” in s. NR 668.40 for which each waste has a treatment standard. A facility is eligible to claim the exemption once the department has been notified of possible de minimis releases via the Wisconsin Pollution Discharge Elimination System permit application or the pretreatment control authority submission. A copy of the Wisconsin Pollution Discharge Elimination System permit application or the submission to the pretreatment control authority shall be placed in the facility's on-site files.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.