NR 662.023(3) (3) For shipments of hazardous waste outside of Wisconsin, the generator shall submit a copy of each manifest to the department within 30 days of receiving the signed copy from the designated facility.
NR 662.023 Note Note: Send copies of manifests to the Department of Natural Resources, Bureau of Waste and Materials Management, Box 8094, Madison, WI 53708.
NR 662.023(4) (4) For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator shall send 3 copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.
NR 662.023(5) (5) For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator shall send at least 3 copies of the manifest dated and signed in accordance with this section to any of the following:
NR 662.023(5)(a) (a) The next non-rail transporter, if any.
NR 662.023(5)(b) (b) The designated facility if transported solely by rail.
NR 662.023(5)(c) (c) The last rail transporter to handle the waste in the United States if exported by rail.
NR 662.023(6) (6) For shipments of hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the generator shall assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.
NR 662.023 Note Note: See s. NR 663.20 (5) and (6) for special provisions for rail or water (bulk shipment) transporters.
NR 662.023 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 662.027 NR 662.027Waste minimization certification. A generator who initiates a shipment of hazardous waste shall certify one of the following statements in Item 15 of the uniform hazardous waste manifest:
NR 662.027(1) (1) “I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;" or
NR 662.027(2) (2) “I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford."
NR 662.027 History History: CR 06-102: cr. Register March 2007 No. 615, eff. 4-1-07.
subch. C of ch. NR 662 Subchapter C — Pre-Transport
NR 662.030 NR 662.030Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall package the waste in accordance with the applicable U.S. department of transportation regulations on packaging under 49 CFR parts 173, 178 and 179.
NR 662.030 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 662.031 NR 662.031Labeling. Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable U.S. department of transportation regulations on hazardous materials under 49 CFR part 172.
NR 662.031 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 662.032 NR 662.032Marking.
NR 662.032(1) (1) Before transporting or offering hazardous waste for transportation off-site, a generator shall mark each package of hazardous waste in accordance with the applicable U.S. department of transportation regulations on hazardous materials under 49 CFR part 172.
NR 662.032(2) (2) Before transporting hazardous waste or offering hazardous waste for transport off-site, a generator shall mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with the requirements of 49 CFR 172.304:
“HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.
Generator's Name and Address__________.
Generator's EPA Identification Number__________.
Manifest Tracking Number____________."
NR 662.032 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: am. (2) Register March 2007 No. 615, eff. 4-1-07.
NR 662.033 NR 662.033Placarding. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall placard or offer the initial transporter the appropriate placards according to U.S. department of transportation regulations for hazardous materials under 49 CFR part 172, subpart F.
NR 662.033 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 662.034 NR 662.034Accumulation.
NR 662.034(1) (1)Ninety-day accumulation time. Except as provided in s. NR 662.192 (1), (2) and (3), a generator may accumulate hazardous waste on-site for 90 days or less without an operating license or interim license, provided that all of the following requirements are met:
NR 662.034(1)(a) (a) The waste is placed as follows:
NR 662.034(1)(a)1. 1. In containers and the generator complies with the applicable requirements of subch. I of ch. NR 665 (containers), subch. AA of ch. NR 665 (air emission standards for process vents), subch. BB of ch. NR 665 (air emission standards for equipment leaks) and subch. CC of ch. NR 665 (air emission standards for tanks, surface impoundments and containers).
NR 662.034(1)(a)2. 2. In tanks and the generator complies with the applicable requirements of subch. J of ch. NR 665 (tank systems), subch. AA of ch. NR 665 (air emission standards for process vents), subch. BB of ch. NR 665 (air emission standards for equipment leaks) and subch. CC of ch. NR 665 (air emission standards for tanks, surface impoundments and containers) except ss. NR 665.0197 (3) and 665.0200.
NR 662.034(1)(a)3. 3. On drip pads and the generator complies with subch. W of ch. NR 665 (drip pads) and maintains all of the following records at the facility:
NR 662.034(1)(a)3.a. a. A description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days.
NR 662.034(1)(a)3.b. b. Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.
NR 662.034(1)(a)4. 4. In containment buildings and the generator complies with subch. DD of ch. NR 665 (containment buildings) and has placed the professional engineer certification that the building complies with the design standards specified in s. NR 665.1101 in the facility's operating record no later than 60 days after the date of initial operation of the unit. After August 1, 2006, PE certification will be required prior to operation of the unit. The owner or operator shall maintain any of the following records at the facility:
NR 662.034(1)(a)4.a. a. A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90 day limit and documentation that the procedures are complied with.
NR 662.034(1)(a)4.b. b. Documentation that the unit is emptied at least once every 90 days. In addition, the generator is exempt from all of the requirements in subchs. G (closure and long-term care) and H (financial requirements) of ch. NR 665, except for ss. NR 665.0111 and 665.0114.
NR 662.034(1)(b) (b) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.
NR 662.034(1)(c) (c) While being accumulated on-site, each container and tank is labeled or marked clearly with the words, “Hazardous Waste".
NR 662.034(1)(d) (d) The generator complies with the requirements for owners or operators in subch. C (preparedness and prevention) and subch. D (contingency plan and emergency procedures) of ch. NR 665 and ss. NR 665.0016 and 668.07 (1) (e).
NR 662.034(2) (2)Storage facility licensing and accumulation time extension. A generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of chs. NR 664 and 665 and the license requirements of ch. NR 670 unless the generator has been granted an extension to the 90-day period. The department may grant an extension if hazardous wastes must remain on-site for longer than 90 days due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis.
NR 662.034(3) (3)Satellite accumulation.
NR 662.034(3)(a)(a) A generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in s. NR 661.33 (5) in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without an operating license or interim license and without complying with sub. (1) provided the generator does all of the following:
NR 662.034(3)(a)2. 2. Marks the containers either with the words “Hazardous Waste" or with other words that identify the contents of the containers.
NR 662.034(3)(b) (b) A generator who accumulates either hazardous waste or acutely hazardous waste listed in s. NR 661.33 (5) in excess of the amounts listed in par. (a) at or near any point of generation shall, with respect to that amount of excess waste, comply within 3 days with sub. (1) or other applicable provisions of chs. NR 660 to 673. During the 3-day period the generator shall continue to comply with par. (a) 1. and 2. The generator shall mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.
NR 662.034 Note Note: Special accumulation requirements for small quantity generators are in s. NR 662.192.
NR 662.034(7) (7) F006wastewater treatment sludges – 180-day accumulation time. A generator who generates 1,000 kilograms (2,205 pounds) or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the hazardous waste code F006, may accumulate F006 waste on-site for more than 90 days, but not more than 180 days without an operating license or interim license provided that all of the following conditions are met:
NR 662.034(7)(a) (a) The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants or contaminants entering F006 or otherwise released to the environment prior to its recycling.
NR 662.034(7)(b) (b) The F006 waste is legitimately recycled through metals recovery.
NR 662.034(7)(c) (c) No more than 20,000 kilograms (44,100 pounds) of F006 waste is accumulated on-site at any one time.
NR 662.034(7)(d) (d) The F006 waste is managed in accordance with all of the following:
NR 662.034(7)(d)1. 1. The F006 waste is placed:
NR 662.034(7)(d)1.a. a. In containers and the generator complies with the applicable requirements of subch. I of ch. NR 665 (containers), subch. AA of ch. NR 665 (air emission standards for process vents), subch. BB of ch. NR 665 (air emission standards for equipment leaks) and subch. CC of ch. NR 665 (air emission standards for tanks, surface impoundments and containers) .
NR 662.034(7)(d)1.b. b. In tanks and the generator complies with the applicable requirements of subchs. J of ch. NR 665 (tank systems), subch. AA of ch. NR 665 (air emission standards for process vents), subch. BB of ch. NR 665 (air emission standards for equipment leaks) and subch. CC of ch. NR 665 (air emission standards for tanks, surface impoundments and containers), except ss. NR 665.0197 (3) and 665.0200.
NR 662.034(7)(d)1.c. c. In containment buildings and the generator complies with subch. DD of ch. NR 665 (containment buildings), and has placed the professional engineer certification that the building complies with the design standards specified in s. NR 665.1101 in the facility's operating record prior to operation of the unit. The owner or operator shall maintain any of the following records at the facility:
1) A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit and documentation that the generator is complying with the procedures.
2) Documentation that the unit is emptied at least once every 180 days.
NR 662.034(7)(d)2. 2. In addition, such a generator is exempt from all the requirements in subchs. G (closure and long-term care) and H (financial requirements) of ch. NR 665, except for ss. NR 665.0111 and 665.0114.
NR 662.034(7)(d)3. 3. The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.
NR 662.034(7)(d)4. 4. While being accumulated on-site, each container and tank is labeled or marked clearly with the words, “Hazardous Waste".
NR 662.034(7)(d)5. 5. The generator complies with the requirements for owners or operators in subchs. C (preparedness and prevention) and D (contingency plan and emergency procedures) of ch. NR 665 and ss. NR 665.0016 and 668.07 (1) (e).
NR 662.034(8) (8)F006 wastewater treatment sludges – 270-day accumulation time. A generator who generates 1,000 kilograms (2,205 pounds) or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the hazardous waste code F006, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on-site for more than 90 days, but not more than 270 days without an operating license or interim license if the generator complies with the requirements of sub. (7) (a) to (d).
NR 662.034(9) (9)F006 wastewater treatment sludges – storage facility licensing, accumulation time extension and accumulation limit exception. A generator accumulating F006 in accordance with subs. (7) and (8) who accumulates F006 waste on-site for more than 180 days (or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms (44,100 pounds) of F006 waste on-site is an operator of a storage facility and is subject to the requirements of chs. NR 664 and 665 and the license requirements of ch. NR 670 unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period or an exception to the 20,000 kilogram (44,100 pound) accumulation limit. Extensions and exceptions may be granted by the department if F006 waste must remain on-site for longer than 180 days (or 270 days if applicable) or if more than 20,000 kilograms (44,100 pounds) of F006 waste must remain on-site due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the department on a case-by-case basis.
NR 662.034(13) (13)Rejected waste shipments. A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue according to the manifest discrepancy provisions of s. NR 664.0072 or 665.0072 may accumulate the returned waste on-site according to subs. (1) and (2), depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator shall do one of the following:
NR 662.034(13)(a) (a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.
NR 662.034(13)(b) (b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
NR 662.034 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: cr. (13) Register March 2007 No. 615, eff. 4-1-07; corrections in (1) (a) 1. to 4., (7) (d) 1. a. to c. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.
subch. D of ch. NR 662 Subchapter D — Recordkeeping and Reporting
NR 662.040 NR 662.040Recordkeeping.
NR 662.040(1) (1) A generator shall keep a copy of each manifest signed in accordance with s. NR 662.023 (1) for 3 years or until the generator receives a signed copy from the designated facility which received the waste. This signed copy shall be retained as a record for at least 3 years from the date the waste was accepted by the initial transporter.
NR 662.040(2) (2) A generator shall keep a copy of each annual report and exception report for a period of at least 3 years from the due date of the report.
NR 662.040(3) (3) A generator shall keep records of any test results, waste analyses or other determinations made in accordance with s. NR 662.011 for at least 3 years from the date that the waste was last sent to on-site or off-site treatment, storage or disposal.
NR 662.040(4) (4) The periods or retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.
NR 662.040 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 662.041 NR 662.041Annual report.
NR 662.041(1) (1) A generator who ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States shall prepare and submit a single copy of an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms and cover generator activities during the previous year.
NR 662.041(2) (2) Each annual report shall include all of the following information:
NR 662.041(2)(a) (a) The EPA identification number, name and address of the generator.
NR 662.041(2)(b) (b) The calendar year covered by the report.
NR 662.041(2)(c) (c) The certification signed by the generator or authorized representative.
NR 662.041(2)(d) (d) The generator fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s. 289.67 (2), Stats.
NR 662.041(3) (3) Each annual report for odd numbered years shall include the following information:
NR 662.041(3)(a) (a) The information in sub. (2) (a) to (d).
NR 662.041(3)(b) (b) The EPA identification number, name and address for each off-site treatment, storage or disposal facility in the United States to which waste was shipped during the year.
NR 662.041(3)(c) (c) The name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage or disposal facility within the United States.
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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.