Wisconsin Legislature: NR 673.02(2)(b)

NR 673.02(1)(a) (a) The requirements of this chapter apply to persons managing batteries, as described in s. NR 673.09, except those listed in sub. (2).

NR 673.02(1)(b) (b) Spent lead-acid batteries which are not managed under subch. G of ch. NR 666, are subject to management under this chapter.

NR 673.02(2) (2) Batteries not covered under this chapter. The requirements of this chapter do not apply to persons managing any of the following batteries:

NR 673.02(2)(a) (a) Spent lead-acid batteries that are managed under subch. G of ch. NR 666.

NR 673.02(2)(b) (b) Batteries, as described in s. NR 673.09, that are not yet wastes under ch. NR 661, including those that do not meet the criteria for waste generation in sub. (3).

NR 673.02(2)(c) (c) Batteries, as described in s. NR 673.09, that are not hazardous waste. A battery is a hazardous waste if it exhibits one or more of the characteristics identified in subch. C of ch. NR 661.

NR 673.02(3) (3) Generation of waste batteries.

NR 673.02(3)(a) (a) A used battery becomes a waste on the date it is discarded (e.g., when sent for reclamation).

NR 673.02(3)(b) (b) An unused battery becomes a waste on the date the handler decides to discard it.

NR 673.02 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.03 NR 673.03 Applicability — pesticides.

NR 673.03(1)(1) Pesticides covered under this chapter. The requirements of this chapter apply to persons managing pesticides, as described in s. NR 673.09, meeting any of the following conditions, except those listed in sub. (2):

NR 673.03(1)(a) (a) Recalled pesticides that are any of the following:

NR 673.03(1)(a)1. 1. Stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under 7 USC 136q(b), including, but not limited to those owned by the registrant responsible for conducting the recall.

NR 673.03(1)(a)2. 2. Stocks of a suspended or canceled pesticide, or a pesticide that is not in compliance with 7 USC 136 to 136y, that are part of a voluntary recall by the registrant.

NR 673.03 Note Note: Section NR 662.070 addresses pesticides disposed of on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label, provided the container is triple rinsed in accordance with s. NR 661.0007 (2) (c).

NR 673.03(1)(b) (b) Stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program.

NR 673.03(2) (2) Pesticides not covered under this chapter. The requirements of this chapter do not apply to persons managing any of the following pesticides:

NR 673.03(2)(a) (a) Recalled pesticides described in sub. (1) (a), and unused pesticide products described in sub. (1) (b), that are managed by farmers in compliance with s. NR 662.070.

NR 673.03(2)(b) (b) Pesticides not meeting the conditions set forth in sub. (1). These pesticides shall be managed in compliance with the hazardous waste rules in chs. NR 660 to 670.

NR 673.03(2)(c) (c) Pesticides that are not wastes under ch. NR 661, including those that do not meet the criteria for waste generation in sub. (3) or those that are not wastes as described in sub. (4).

NR 673.03(2)(d) (d) Pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in subch. D of ch. NR 661 or if it exhibits one or more of the characteristics identified in subch. C of ch. NR 661.

NR 673.03(3) (3) When a pesticide becomes a waste.

NR 673.03(3)(a) (a) A recalled pesticide described in sub. (1) (a) becomes a waste on the first date on which all of the following conditions apply:

NR 673.03(3)(a)1. 1. The generator of the recalled pesticide agrees to participate in the recall.

NR 673.03(3)(a)2. 2. The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

NR 673.03(3)(b) (b) An unused pesticide product described in sub. (1) (b) becomes a waste on the date the generator decides to discard it.

NR 673.03(4) (4) Pesticides that are not wastes. All of the following pesticides are not wastes:

NR 673.03(4)(a) (a) Recalled pesticides described in sub. (1) (a), provided that the person conducting the recall has done any of the following:

NR 673.03(4)(a)1. 1. Has not made a decision to discard (e.g., burn for energy recovery) the pesticide. Until such a decision is made, the pesticide does not meet the definition of “solid waste” under s. NR 661.0002. Thus, the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including this chapter. This pesticide remains subject to the requirements of 7 USC 136 to 136y.

NR 673.03(4)(a)2. 2. Has made a decision to use a management option that, under s. NR 661.0002, does not cause the pesticide to be a solid waste (i.e., the selected option is use (other than use constituting disposal) or reuse (other than burning for energy recovery), or reclamation). Such a pesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to the hazardous waste requirements including this chapter. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of 7 USC 136 to 136y.

NR 673.03(4)(b) (b) Unused pesticide products described in sub. (1) (b), if the generator of the unused pesticide product has not decided to discard (e.g., burn for energy recovery) them. These pesticides remain subject to the requirements of 7 USC 136 to 136y.

NR 673.03 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (4) (a) 1., 2. Register August 2020 No. 776, eff. 9-1-20.

NR 673.04 NR 673.04 Applicability — mercury-containing equipment.

NR 673.04(1)(1) Mercury-containing equipment covered under this chapter. The requirements of this chapter apply to persons managing mercury-containing equipment, as described in s. NR 673.09, except those listed in sub. (2).

NR 673.04(2) (2) Mercury-containing equipment not covered under this chapter. The requirements of this chapter do not apply to persons managing any of the following mercury-containing equipment:

NR 673.04(2)(a) (a) Mercury-containing equipment that is not yet a waste under ch. NR 661. Subsection (3) describes when mercury-containing equipment become a waste.

NR 673.04(2)(b) (b) Mercury-containing equipment that is not hazardous waste. Mercury-containing equipment is a hazardous waste if it exhibits one or more of the characteristics identified in subch. C of ch. NR 661 or is listed in subch. D of ch. NR 661.

NR 673.04(2)(c) (c) Equipment and devices from which the mercury-containing components have been removed.

NR 673.04(3) (3) Generation of waste mercury-containing equipment.

NR 673.04(3)(a)(a) Used mercury-containing equipment becomes a waste on the date it is discarded (for example, sent for reclamation).

NR 673.04(3)(b) (b) Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

NR 673.04 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (title), (1), (2) (intro.), (a), (b), cr. (2) (c), am. (3) Register July 2017 No. 739, eff. 8-1-17.

NR 673.05 NR 673.05 Applicability — lamps.

NR 673.05(1)(1) Lamps covered under this chapter. The requirements of this chapter apply to persons managing lamps as described in s. NR 673.09, except those listed in sub. (2).

NR 673.05(2) (2) Lamps not covered under this chapter. The requirements of this chapter do not apply to persons managing any of the following lamps:

NR 673.05(2)(a) (a) Lamps that are not yet wastes under ch. NR 661 as provided in sub. (3).

NR 673.05(2)(b) (b) Lamps that are not hazardous waste. A lamp is a hazardous waste if it exhibits one or more of the characteristics identified in subch. C of ch. NR 661.

NR 673.05(2)(c) (c) Lamps that are intentionally broken or crushed by the generator as defined in s. NR 673.09 (4).

NR 673.05(3) (3) Generation of waste lamps.

NR 673.05(3)(a) (a) A used lamp becomes a waste on the date it is discarded.

NR 673.05(3)(b) (b) An unused lamp becomes a waste on the date the handler decides to discard it.

NR 673.05 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: cr. (2) (c) Register August 2020 No. 776, eff. 9-1-20.

NR 673.08 NR 673.08 Applicability — household and very small quantity generator waste.

NR 673.08(1)(1) Persons managing any of the following wastes may, at their option, manage them under the requirements of this chapter:

NR 673.08(1)(a) (a) Household wastes that are exempt under s. NR 661.0004 (2) (a) and are also of the same type as the universal wastes defined at s. NR 673.09.

NR 673.08(1)(b) (b) Very small quantity generator wastes that are exempt under s. NR 662.014 and are also of the same type as the universal wastes defined at s. NR 673.09.

NR 673.08(2) (2) Persons who commingle the wastes described in sub. (1) (a) and (b) together with universal waste regulated under this chapter shall manage the commingled waste under the requirements of this chapter.

NR 673.08 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a), (b) Register August 2020 No. 776, eff. 9-1-20.

NR 673.09 NR 673.09 Definitions. In this chapter:

NR 673.09(1g) (1g) “Ampule” means an airtight vial made of glass, plastic, metal, or any combination of these materials.

NR 673.09(1r) (1r) “Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode and an electrolyte, plus connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

NR 673.09(2) (2) “Destination facility" means a facility that treats, disposes of or recycles a particular category of universal waste, except those management activities described in ss. NR 673.13 (1) and (3) and 673.33 (1) and (3). A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.