Chapter NR 663

NR 663.20 Note Note: Intermediate rail transporters are not required to sign either the manifest, moving document, or shipping paper.

NR 663.20(6)(c) (c) When delivering hazardous waste to the designated facility, a rail transporter shall do all of the following:

NR 663.20(6)(c)1. 1. Obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility).

NR 663.20(6)(c)2. 2. Retain a copy of the manifest or signed shipping paper in accordance with s. NR 663.22.

NR 663.20(6)(d) (d) When delivering hazardous waste to a non-rail transporter a rail transporter shall do all of the following:

NR 663.20(6)(d)1. 1. Obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest.

NR 663.20(6)(d)2. 2. Retain a copy of the manifest in accordance with s. NR 663.22.

NR 663.20(6)(e) (e) Before accepting hazardous waste from a rail transporter, a non-rail transporter shall sign and date the manifest and provide a copy to the rail transporter.

NR 663.20(7) (7) Transporters who transport hazardous waste out of the United States shall do all of the following:

NR 663.20(7)(a) (a) Sign and date the manifest in the international shipments block to indicate the date that the shipment left the United States.

NR 663.20(7)(b) (b) Retain one copy in accordance with s. NR 663.22 (4).

NR 663.20(7)(c) (c) Return a signed copy of the manifest to the generator.

NR 663.20(7)(d) (d) For paper manifests only, do all of the following:

NR 663.20(7)(d)1. 1. Send a copy of the manifest to the e-manifest system in accordance with the allowable methods specified in s. NR 664.0071 (1) (b) 5.

NR 663.20(7)(d)2. 2. For shipments initiated prior to the AES filing compliance date, when instructed by the exporter to do so, give a copy of the manifest to a U.S. customs official at the point of departure from the United States.

NR 663.20(8) (8) A transporter transporting hazardous waste from a small quantity generator need not comply with the requirements of this section or those of s. NR 663.22 provided that all of the following conditions are met:

NR 663.20(8)(a) (a) The waste is being transported pursuant to a reclamation agreement as provided for in s. NR 662.020 (5).

NR 663.20(8)(b) (b) The transporter records, on a log or shipping paper, all of the following information for each shipment:

NR 663.20(8)(b)1. 1. The name, address and U.S. EPA identification number of the generator of the waste.

NR 663.20(8)(b)2. 2. The quantity of waste accepted.

NR 663.20(8)(b)3. 3. All department of transportation required shipping information.

NR 663.20(8)(b)4. 4. The date the waste is accepted.

NR 663.20(8)(c) (c) The transporter carries this record when transporting waste to the reclamation facility.

NR 663.20(8)(d) (d) The transporter retains these records for a period of at least 3 years after termination or expiration of the agreement.

NR 663.20 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: am. (1), (7) (a) and (b) Register March 2007 No. 615, eff. 4-1-07; CR 19-082: r. and recr. (1) (a), (b), cr. (1) (c) to (g), (i), r. and recr. (3), am. (5) (b), (6) (b), r. and recr. (7) (d) Register August 2020 No. 776, eff. 9-1-20; correction in (1) (a), (c) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (8) (a) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 663.21 NR 663.21 Compliance with the manifest.

NR 663.21(1) (1) Except as provided in sub. (2), the transporter shall deliver the entire quantity of hazardous waste that the transporter has accepted from a generator or a transporter to one of the following:

NR 663.21(1)(a) (a) The designated facility listed on the manifest.

NR 663.21(1)(b) (b) The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery.

NR 663.21(1)(c) (c) The next designated transporter.

NR 663.21(1)(d) (d) The place outside the United States designated by the generator.

NR 663.21(2) (2) 

NR 663.21(2)(a) (a) Emergency condition. If the hazardous waste cannot be delivered in accordance with s. NR 663.21 (1) (a), (b), or (d) because of an emergency condition other than rejection of the waste by the designated facility or alternate designated facility, then the transporter must contact the generator for further instructions and must revise the manifest according to the generator’s instructions.

NR 663.21(2)(b) (b) Transporters without agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with sub. (1) (c), and the current transporter is without contractual authorization from the generator to act as the generator’s agent with respect to transporter additions or substitutions, then the current transporter must contact the generator for further instructions prior to making any revisions to the transporter designations on the manifest. The current transporter may thereafter make the revisions if all of the following conditions are met:

NR 663.21(2)(b)1. 1. The hazardous waste is not delivered in accordance with sub. (1) (c) because of an emergency condition.

NR 663.21(2)(b)2. 2. The current transporter proposes to change the transporter designated on the manifest by the generator, or to add a new transporter during transportation, to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety.

NR 663.21(2)(b)3. 3. The generator authorizes the revision.

NR 663.21(2)(c) (c) Transporters with agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with sub. (1) (c) and the current transporter has authorization from the generator to act as the generator’s agent, then the current transporter may change the transporter designated on the manifest, or add a new transporter, during transportation without the generator’s prior, explicit approval, provided all of the following conditions are met:

NR 663.21(2)(c)1. 1. The current transporter is authorized by a contractual provision that provides explicit agency authority for the transporter to make transporter changes on behalf of the generator.

NR 663.21(2)(c)2. 2. The transporter enters in item 14 of each manifest on which a change is made, the following statement of its agency authority: “Contract retained by generator confers agency authority on initial transporter to add or substitute additional transporters on generator’s behalf.”

NR 663.21(2)(c)3. 3. The change in designated transporters is necessary to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety.

NR 663.21(2)(d) (d) Generator liability. The grant by a generator of authority to a transporter to act as the agent of the generator with respect to changes to transporter designations under par. (c) does not affect the generator’s liability or responsibility for complying with any applicable requirement under this chapter, or grant any additional authority to the transporter to act on behalf of the generator.

NR 663.21(3) (3) If hazardous waste is rejected by the designated facility while the transporter is on the facility’s premises, then the transporter must obtain one of the following:

NR 663.21(3)(a) (a) For a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility’s date and signature, and the manifest tracking number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter shall retain a copy of this manifest in accordance with s. NR 663.22, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to accompany the shipment, and the new manifest shall include all of the information required in s. NR 664.0072 (5) (a) to (f) or (6) (a) to (f) or 665.0072 (5) (a) to (f) or (6) (a) to (f).

NR 663.21(3)(b) (b) For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility’s signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and identification number for the alternate facility or generator to whom the shipment must be delivered. The transporter shall retain a copy of the manifest in accordance with s. NR 663.22, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment and comply with s. NR 664.0072 (5) (a) to (f) or 665.0072 (5) (a) to (f).

NR 663.21 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; CR 19-082: am. (1) (intro.), (2) (a), r. and recr. (2) (b) (intro.), 1., 2., cr. (2) (b) 3., (c), (d), (3) Register August 2020 No. 776, eff. 9-1-20; correction in (2) (b) 1., (c), (3) (a), (b) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 663.22 NR 663.22 Recordkeeping.

NR 663.22(1) (1) A transporter of hazardous waste shall keep a copy of the manifest signed by the generator, the transporter and the next designated transporter or the owner or operator of the designated facility for a period of 3 years from the date the hazardous waste was accepted by the initial transporter.

NR 663.22(2) (2) For shipments delivered to the designated facility by water (bulk shipment), each water (bulk shipment) transporter shall retain a copy of the shipping paper containing all of the information required in s. NR 663.20 (5) (b) for a period of 3 years from the date the hazardous waste was accepted by the initial transporter.

NR 663.22(3) (3) For shipments of hazardous waste by rail within the United States, all of the following conditions shall be met:

NR 663.22(3)(a) (a) The initial rail transporter shall keep a copy of the manifest and shipping paper with all of the information required in s. NR 663.20 (6) (b) for a period of 3 years from the date the hazardous waste was accepted by the initial transporter.

NR 663.22(3)(b) (b) The final rail transporter shall keep a copy of the signed manifest (or the shipping paper if signed by the designated facility in lieu of the manifest) for a period of 3 years from the date the hazardous waste was accepted by the initial transporter.

NR 663.22 Note Note: Intermediate rail transporters are not required to keep records pursuant to these rules.

NR 663.22(4) (4) A transporter who transports hazardous waste out of the United States shall keep a copy of the manifest indicating that the hazardous waste left the United States for a period of 3 years from the date the hazardous waste was accepted by the initial transporter.

NR 663.22(5) (5) The periods of 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 663.22 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 663.25 NR 663.25 Electronic manifest signatures. Electronic manifest signatures shall meet the criteria described in 40 CFR 262.25 (a) and s. NR 662.025.

NR 663.25 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

subch. C of ch. NR 663 Subchapter C — Hazardous Waste Discharges

NR 663.30 NR 663.30 Immediate action.

NR 663.30(1) (1) In the event of a discharge of hazardous waste during transportation, the transporter shall take appropriate immediate action as required by ch. NR 708 to protect human health and the environment (e.g., notify local authorities, dike the discharge area).

NR 663.30(2) (2) If a discharge of hazardous waste occurs during transportation and an official (state or local government or a federal agency) acting within the scope of that person’s official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have EPA identification numbers or transportation licenses and without the preparation of a manifest.

NR 663.30(3) (3) An air, rail, highway or water transporter who has discharged hazardous waste shall do all of the following:

NR 663.30(3)(a) (a) Give notice, if required by 49 CFR 171.15, to the national response center.

NR 663.30(3)(b) (b) Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590.

NR 663.30(3)(c) (c) Give notice to the division of emergency management and comply with the requirements of s. 292.11, Stats., and ch. NR 706.

NR 663.30(4) (4) A water (bulk shipment) transporter who has discharged hazardous waste shall give the same notice as required by 33 CFR 153.203 for oil and hazardous substances.

NR 663.30 Note Note: The telephone number for the national response center is [phone]. The telephone number for the division of emergency management in Wisconsin is [phone].

NR 663.30 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 663.31 NR 663.31 Discharge clean up. A transporter shall clean up any hazardous waste discharge that occurs during transportation or take action as may be required or approved by federal, state or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.

NR 663.31 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.