NR 673.40 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 19-082: renum. (intro.) to NR 673.40 and am., r. (1) to (3)
Register August 2020 No. 776, eff. 9-1-20.
NR 673.50
NR 673.50 Applicability. This subchapter applies to universal waste transporters.
NR 673.50 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.51
NR 673.51 Prohibitions. A universal waste transporter is prohibited from doing any of the following:
NR 673.51(2)
(2) Diluting or treating universal waste, except by responding to releases as provided in s.
NR 673.54.
NR 673.51 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.52(1)(1)
A universal waste transporter shall comply with all applicable U.S. department of transportation regulations in
49 CFR parts 171 to
180 for transport of any universal waste that meets the definition of hazardous material in
49 CFR 171.8. For purposes of the U.S. department of transportation regulations, a material is considered a hazardous waste if it is subject to the EPA hazardous waste manifest requirements in
40 CFR part 262. Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the U.S. department of transportation regulations.
NR 673.52(2)
(2) Some universal waste materials are regulated by the U.S. department of transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in
49 CFR 173.2. As universal waste shipments do not require a manifest under
40 CFR part 262, they may not be described by the U.S. department of transportation proper shipping name “hazardous waste, (l) or (s), n.o.s.", nor may the hazardous material's proper shipping name be modified by adding the word “waste".
NR 673.52 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.53(1)(1)
A universal waste transporter may only store the universal waste at a universal waste transfer facility for 10 days or less.
NR 673.53(2)
(2) If a universal waste transporter stores universal waste for more than 10 days, the transporter becomes a universal waste handler and shall comply with the applicable requirements of subch.
B or
C while storing the universal waste.
NR 673.53 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.54(1)(1)
A universal waste transporter shall immediately contain all releases of universal wastes and other residues from universal wastes.
NR 673.54(2)
(2) A universal waste transporter shall determine whether any material resulting from the release is hazardous waste, and if so, it is subject to all applicable requirements of chs.
NR 660 to
670. If the waste is determined to be a hazardous waste, the transporter is subject to ch.
NR 662.
NR 673.54 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.55(1)(1)
A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility or a foreign destination.
NR 673.55(2)
(2) If the universal waste being shipped off-site meets the U.S. department of transportation's definition of hazardous material under
49 CFR 171.8, the shipment shall be properly described on a shipping paper in accordance with the applicable U.S. department of transportation regulations under
49 CFR part 172.
NR 673.55 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.56
NR 673.56 Exports. A universal waste transporter transporting a shipment of universal waste to a foreign destination is subject to the requirements of subch.
H of ch. NR 662.
NR 673.56 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 19-082: renum. (intro.) to NR 673.56 and am., r. (1), (2)
Register August 2020 No. 776, eff. 9-1-20.
NR 673.60(1)(1)
The owner or operator of a destination facility is subject to all applicable requirements of chs.
NR 664 to
670.
NR 673.60(2)
(2) The owner or operator of a destination facility that recycles a particular universal waste without storing that universal waste before it is recycled shall comply with s.
NR 661.0006 (3) (b).
NR 673.60 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 19-082: am. (2)
Register August 2020 No. 776, eff. 9-1-20.
NR 673.61(1)(1)
The owner or operator of a destination facility is prohibited from sending or taking universal waste to a place other than a universal waste handler, another destination facility or foreign destination.
NR 673.61(2)
(2) The owner or operator of a destination facility may reject a shipment containing universal waste, or a portion of a shipment containing universal waste. If the owner or operator of the destination facility rejects a shipment or a portion of a shipment, the owner or operator shall contact the shipper to notify the shipper of the rejection and to discuss reshipment of the load. The owner or operator of the destination facility shall do one of the following:
NR 673.61(2)(b)
(b) If agreed to by both the shipper and the owner or operator of the destination facility, send the shipment to another destination facility.
NR 673.61(3)
(3) If the owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, the owner or operator of the destination facility shall immediately notify the department of the illegal shipment, and provide the name, address and phone number of the shipper. The department will provide instructions for managing the hazardous waste.
NR 673.61(4)
(4) If the owner or operator of a destination facility receives a shipment of non-hazardous, non-universal waste, the owner or operator may manage the waste in any way that is in compliance with chs.
287 and
289, Stats., chs.
NR 500 to
524 and applicable federal or local solid waste regulations.
NR 673.61 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (4)
Register July 2017 No. 739, eff. 8-1-17.
NR 673.62(1)(1)
Receipt of shipments. The owner or operator of a destination facility shall keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, movement document or other shipping document. The record for each shipment of universal waste received shall include all of the following information:
NR 673.62(1)(a)
(a) The name and address of the universal waste handler, destination facility or foreign shipper from whom the universal waste was sent.
NR 673.62(1)(b)
(b) The quantity of each type of universal waste received (e.g., batteries, pesticides, thermostats, lamps).
NR 673.62(1)(c)
(c) The date of receipt of the shipment of universal waste.
NR 673.62(2)
(2)
Record retention. The owner or operator of a destination facility shall retain the records described in sub.
(1) for at least 3 years from the date of receipt of a shipment of universal waste.
NR 673.62 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 19-082: am. (1) (intro.)
Register August 2020 No. 776, eff. 9-1-20.
NR 673.70
NR 673.70 Imports. Persons managing universal waste that is imported from a foreign country into the state of Wisconsin are subject to the applicable requirements of this chapter, immediately after the waste enters Wisconsin, as indicated in subs.
(1) to
(3).
NR 673.70(1)
(1) A universal waste transporter is subject to the universal waste transporter requirements of subch.
D.
NR 673.70(2)
(2) A universal waste handler is subject to the small or large quantity handler of universal waste requirements of subch.
B or
C, as applicable.
NR 673.70(3)
(3) An owner or operator of a destination facility is subject to the destination facility requirements of subch.
E.
NR 673.70 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 19-082: am. (1), (2), r. (4)
Register August 2020 No. 776, eff. 9-1-20.
NR 673.80(1)(1)
Except as provided in sub.
(4), any person seeking to add a hazardous waste or a category of hazardous waste to this chapter may petition for a rule amendment under this subchapter and ss.
NR 660.20 and
660.23.
NR 673.80(2)
(2) To be successful, the petitioner shall demonstrate to the satisfaction of the department that regulation under the universal waste rules of this chapter is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste and will improve implementation of the hazardous waste program. The petition shall include the information required by s.
NR 660.20. The petition shall also address as many of the factors listed in s.
NR 673.81 as are appropriate for the waste or waste category addressed in the petition.
NR 673.80(3)
(3) The department will evaluate petitions using the factors listed in s.
NR 673.81. The department will grant or deny a petition using the factors listed in s.
NR 673.81. The decision will be based on the weight of evidence showing that regulation under this chapter is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste and will improve implementation of the hazardous waste program.
NR 673.80(4)
(4) Hazardous waste pharmaceuticals are regulated under subch.
P of ch. NR 666, and may not be added as a category of hazardous waste for management under this chapter.
NR 673.80 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 19-082: am. (1), cr. (4)
Register August 2020 No. 776, eff. 9-1-20.
NR 673.81
NR 673.81 Factors for petitions to include other wastes under this chapter. NR 673.81(1)(1)
The waste or category of waste, as generated by a wide variety of generators, is listed in subch.
D of ch. NR 661 or, if not listed, a proportion of the waste stream exhibits one or more characteristics of hazardous waste identified in subch.
C of ch. NR 661. (When a characteristic waste is added to the universal waste rules of this chapter by using a generic name to identify the waste category (e.g., batteries), the department will amend the definition of universal waste in ss.
NR 660.10 and
673.09 to include only the hazardous waste portion of the waste category (e.g., hazardous waste batteries).) Thus, only the portion of the waste stream that does exhibit one or more characteristics (i.e., is hazardous waste) is subject to the universal waste rules of this chapter.
NR 673.81(2)
(2) The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including, for example, households, retail and commercial businesses, office complexes, very small quantity generators, small businesses, government organizations, as well as large industrial facilities).
NR 673.81(3)
(3) The waste or category of waste is generated by a large number of generators (e.g., more than 1,000 nationally) and is frequently generated in relatively small quantities by each generator.
NR 673.81(4)
(4) Systems to be used for collecting the waste or category of waste (including packaging, marking and labeling practices) would ensure close stewardship of the waste.
NR 673.81(5)
(5) The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards proposed or referenced by the petitioner (e.g., waste management requirements appropriate to be added to ss.
NR 673.13,
673.33 and
673.52 or applicable U.S. department of transportation requirements) would be protective of human health and the environment during accumulation and transport.
NR 673.81(6)
(6) Regulation of the waste or category of waste under this chapter will increase the likelihood that the waste will be diverted from non-hazardous waste management systems (e.g., the municipal waste stream, non-hazardous industrial or commercial waste stream, municipal sewer or stormwater systems) to recycling, treatment or disposal in compliance with ch.
291, Stats., and chs.
NR 660 to
670.
NR 673.81(7)
(7) Regulation of the waste or category of waste under this chapter will improve implementation of and compliance with the hazardous waste regulatory program.
NR 673.81 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
