Chapter NR 665

NR 665.0011 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0012 NR 665.0012 Required notices.

NR 665.0012(1) (1) The owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to subch. H of ch. NR 662 from a foreign source shall submit all of the following required notices:

NR 665.0012(1)(a) (a) In accordance with s. NR 662.084 (2), for imports where the competent authority of the country of export does not require the foreign exporter to submit to it a notification proposing export and obtain consent from EPA and the competent authorities for the countries of transit, the owner or operator of the facility, if acting as the importer, shall provide notification of the proposed transboundary movement in English to EPA using the allowable methods listed in s. NR 662.084 (2) (a) at least 60 days before the first shipment is expected to depart the country of export. The notification may cover up to one year of shipments of wastes having similar physical and chemical characteristics, the same United Nations classification, the same hazardous waste codes and OECD waste codes, and being sent from the same foreign exporter.

NR 665.0012(1)(b) (b) In accordance with s. NR 662.084 (4) (b) 15., a copy of the movement document bearing all required signatures within 3 working days of receipt of the shipment to the foreign exporter; to the competent authorities of the countries of export and transit that control the shipment as an export and transit shipment of hazardous waste respectively; and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s waste import export tracking system, or its successor system. The original of the signed movement document shall be maintained at the facility for at least 3 years. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility’s account on EPA’s waste import export tracking system, or its successor system, provided that copies are readily available for viewing and production if requested by EPA or the department. No owner or operator of a facility shall be held liable for the inability to produce the documents for inspection under this section if the owner or operator of a facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA’s waste import export tracking system, or its successor system, for which the owner or operator of a facility bears no responsibility.

NR 665.0012(1)(c) (c) In accordance with s. NR 662.084 (6) (d), if the facility has physical control of the waste and the waste will be sent to an alternate facility or returned to the country of export, the owner or operator of the facility shall inform EPA of the need to return or arrange alternate management of the shipment using the allowable methods listed in s. NR 662.084 (2) (a).

NR 665.0012(1)(d) (d) As specified in s. NR 662.084 (7), the owner or operator shall do all of the following:

NR 665.0012(1)(d)1. 1. Send copies of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than 30 days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste, to the foreign exporter, to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s waste import export tracking system, or its successor system.

NR 665.0012(1)(d)2. 2. If the facility performed any of recovery operations R12, R13, or RC16, or disposal operations D13 through D15, or DC17, promptly send copies of the confirmation of recovery or disposal that it receives from the final recovery or disposal facility within one year of shipment delivery to the final recovery or disposal facility that performed one of recovery operations R1 through R11, or RC16, or one of disposal operations D1 through D12, or DC15 to DC16.  Copies of the confirmation shall also be sent to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s waste import export tracking system, or its successor system. The recovery and disposal operations in this subdivision are defined in s. NR 662.081.

NR 665.0012(2) (2) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the long-term care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and ch. NR 670. (Also see s. NR 670.072.)

NR 665.0012 Note Note: An owner’s or operator’s failure to notify the new owner or operator of the requirements of this chapter in no way relieves the new owner or operator of that person’s obligation to comply with all applicable requirements.

NR 665.0012 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: r. and recr. (1) Register August 2020 No. 776, eff. 9-1-20; correction in (1) (d) 2. made under s. 35.17, Stats., Register August 2020 No. 776.

NR 665.0013 NR 665.0013 General waste analysis.

NR 665.0013(1) (1) 

NR 665.0013(1)(a) (a) Before an owner or operator treats, stores or disposes of any hazardous wastes, or nonhazardous wastes if applicable under s. NR 665.0113 (4), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis shall contain all the information which must be known to treat, store or dispose of the waste according to this chapter and ch. NR 668.

NR 665.0013(1)(a)1. 1. Chemical and physical samples shall be analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance and temperature.

NR 665.0013(1)(b) (b) The analysis may include data developed under ch. NR 661, and existing published or documented data on the hazardous waste or on waste generated from similar processes.

NR 665.0013 Note Note: For example, the facility’s records of analyses performed on the waste before August 1, 2006, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with par. (a). The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by par. (a), except as otherwise specified in s. NR 668.07(2) and (3). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section.

NR 665.0013(1)(c) (c) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated when any of the following occurs:

NR 665.0013(1)(c)1. 1. The owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous wastes or non-hazardous wastes, if applicable, under s. NR 665.0113 (4) has changed.

NR 665.0013(1)(c)2. 2. For off-site facilities, the results of the inspection required in par. (d) indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

NR 665.0013(1)(d) (d) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

NR 665.0013(2) (2) The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with sub. (1). The owner or operator shall keep this plan at the facility. At a minimum, the plan shall specify all of the following:

NR 665.0013(2)(a) (a) The parameters for which each hazardous waste, or non-hazardous waste if applicable under s. NR 665.0113 (4), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste’s properties to comply with sub. (1)).

NR 665.0013(2)(b) (b) The test methods which will be used to test for these parameters.

NR 665.0013(2)(c) (c) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using any of the following:

NR 665.0013(2)(c)1. 1. One of the sampling methods described in ch. NR 661 Appendix I.

NR 665.0013(2)(c)2. 2. An equivalent sampling method.

NR 665.0013 Note Note: See s. NR 660.21 for related discussion.

NR 665.0013(2)(d) (d) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date.

NR 665.0013(2)(e) (e) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply.

NR 665.0013(2)(f) (f) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods specified in ss. NR 665.0200, 665.0225, 665.0252, 665.0314, 665.0341, 665.0375, 665.0402, 665.1034 (4), 665.1063 (4), 665.1084 and 668.07.

NR 665.0013(2)(g) (g) For surface impoundments exempted from land disposal restrictions under s. NR 668.04 (1), the procedures and schedule for all of the following:

NR 665.0013(2)(g)1. 1. The sampling of impoundment contents.

NR 665.0013(2)(g)2. 2. The analysis of test data.

NR 665.0013(2)(g)3. 3. The annual removal of residues which are not delisted under s. NR 660.22 or which exhibit a characteristic of hazardous waste and meet any of the following criteria:

NR 665.0013(2)(g)3.a. a. The residues do not meet applicable treatment standards of subch. D of ch. NR 668.

NR 665.0013(2)(g)3.b. b. Where no treatment standards have been established, any of the following applies:

1) The residues are prohibited from land disposal under s. NR 668.32 or 42 USC 6924(d).

2) The residues are prohibited from land disposal under s. NR 668.33.

NR 665.0013(2)(h) (h) For owners and operators seeking an exemption to the air emission standards of subch. CC according to s. NR 665.1083, any of the following:

NR 665.0013(2)(h)1. 1. If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption.

NR 665.0013(2)(h)2. 2. If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste.

NR 665.0013(3) (3) For off-site facilities, the waste analysis plan required in sub. (2) shall also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan shall describe all of the following:

NR 665.0013(3)(a) (a) The procedures which will be used to determine the identity of each movement of waste managed at the facility.

NR 665.0013(3)(b) (b) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.

NR 665.0013(3)(c) (c) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.

NR 665.0013 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 665.0014 NR 665.0014 Security.

NR 665.0014(1) (1) The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless all of the following conditions are met:

NR 665.0014(1)(a) (a) Physical contact with the waste, structures or equipment with the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility.

NR 665.0014(1)(b) (b) Disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this chapter.

NR 665.0014(2) (2) Unless exempt under sub. (1) (a) and (b), a facility shall have any of the following:

NR 665.0014(2)(a) (a) A 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility.

NR 665.0014(2)(b) (b) All of the following:

NR 665.0014(2)(b)1. 1. An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility.

NR 665.0014(2)(b)2. 2. A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance or controlled roadway access to the facility).

NR 665.0014 Note Note: The requirements of this subsection are satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of par. (a) or (b).

NR 665.0014(3) (3) Unless exempt under sub. (1) (a) and (b), a sign with the legend, “Danger—Unauthorized Personnel Keep Out,” shall be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend shall be written in English and in any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than “Danger—Unauthorized Personnel Keep Out” may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

NR 665.0014 Note Note: See s. NR 665.0117(2) for discussion of security requirements at disposal facilities during the long-term care period.

NR 665.0014 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0015 NR 665.0015 General inspection requirements.

NR 665.0015(1) (1) The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors and discharges which may be causing, or may lead to, release of hazardous waste constituents to the environment or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.

NR 665.0015(2) (2) 

NR 665.0015(2)(a) (a) The owner or operator shall develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting or responding to environmental or human health hazards.

NR 665.0015(2)(b) (b) The owner or operator shall keep this schedule at the facility.

NR 665.0015(2)(c) (c) The schedule shall identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).

NR 665.0015(2)(d) (d) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies called for in ss. NR 665.0174, 665.0193, 665.0195, 665.0226, 665.0260, 665.0304, 665.0347, 665.0377, 665.0403, 665.1033, 665.1052, 665.1053, 665.1058 and 665.1084 to 665.1090, where applicable.

NR 665.0015(3) (3) The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.

NR 665.0015(4) (4) The owner or operator shall record inspections in an inspection log or summary and shall keep these records for at least 3 years from the date of inspection. At a minimum, these records shall include the date and time of the inspection, the name of the inspector, a notation of the observations made and the date and nature of any repairs or other remedial actions.

NR 665.0015 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0016 NR 665.0016 Personnel training.

NR 665.0016(1) (1) 

NR 665.0016(1)(a) (a) Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility’s compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required under sub. (4) (c).

NR 665.0016(1)(b) (b) This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

NR 665.0016(1)(c) (c) At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment and emergency systems, including, where applicable, all of the following:

NR 665.0016(1)(c)1. 1. Procedures for using, inspecting, repairing and replacing facility emergency and monitoring equipment.

NR 665.0016(1)(c)2. 2. Key parameters for automatic waste feed cut-off systems.

NR 665.0016(1)(c)3. 3. Communications or alarm systems.

NR 665.0016(1)(c)4. 4. Response to fires or explosions.

NR 665.0016(1)(c)5. 5. Response to groundwater contamination incidents.

NR 665.0016(1)(c)6. 6. Shutdown of operations.

NR 665.0016(1)(d) (d) For facility personnel that receive emergency response training pursuant to occupational safety and health administration (OSHA) regulations 29 CFR 1910.120 (p) (8) and (q), the facility is not required to provide separate emergency response training pursuant to this section, provided that the overall facility training meets all the requirements of this section.

NR 665.0016(2) (2) Facility personnel shall successfully complete the program required in sub. (1) within 6 months after August 1, 2006 or 6 months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after August 1, 2006 may not work in unsupervised positions until they have completed the training requirements of sub. (1).

NR 665.0016(3) (3) Facility personnel shall take part in an annual review of the initial training required in sub. (1).

NR 665.0016(4) (4) The owner or operator shall maintain all of the following documents and records at the facility:

NR 665.0016(4)(a) (a) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job.

NR 665.0016(4)(b) (b) A written job description for each position listed under par. (a). This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education or other qualifications, and duties of facility personnel assigned to each position.

NR 665.0016(4)(c) (c) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under par. (a).