Wisconsin Administrative Code
Department of Natural Resources
NR 600-699 - Environmental Protection - Hazardous Waste Management
Chapter NR 661 - Hazardous Waste Identification And Listing
Subchapter B - Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste
Section NR 661.0011 - Criteria for listing hazardous waste
Universal Citation: WI Admin Code ยง NR 661.0011
Current through August 26, 2024
(1) The department shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria:
(a) It exhibits any of the characteristics of
hazardous waste identified in subch. C.
(b) It has been found to be fatal to humans
in low doses or, in the absence of data on human toxicity, it has been shown in
studies to have an oral LD 50 toxicity measured in rats of less than 50
milligrams per kilogram, an inhalation LC 50 toxicity measured in rats of less
than 2 milligrams per liter, or a dermal LD 50 toxicity in rabbits of less than
200 milligrams per kilogram or is otherwise capable of causing or significantly
contributing to an increase in serious irreversible, or incapacitating
reversible, illness. Waste listed in accordance with these criteria will be
designated acute hazardous waste.
(c) It contains any of the toxic constituents
listed in ch. NR 661 Appendix VIII and, after considering the following
factors, the department concludes that the waste is capable of posing a
substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported or disposed of, or otherwise managed:
1. The nature of the toxicity presented by
the constituent.
2. The
concentration of the constituent in the waste.
3. The potential of the constituent or any
toxic degradation product of the constituent to migrate from the waste into the
environment under the types of improper management considered in subd.
7.
4. The persistence of the
constituent or any toxic degradation product of the constituent.
5. The potential for the constituent or any
toxic degradation product of the constituent to degrade into non-harmful
constituents and the rate of degradation.
6. The degree to which the constituent or any
degradation product of the constituent bioaccumulates in ecosystems.
7. The plausible types of improper management
to which the waste could be subjected.
8. The quantities of the waste generated at
individual generation sites or on a regional or national basis.
9. The nature and severity of the human
health and environmental damage that has occurred as a result of the improper
management of wastes containing the constituent.
10. Action taken by other governmental
agencies or regulatory programs based on the health or environmental hazard
posed by the waste or waste constituent.
11. Such other factors as may be appropriate.
Substances will be listed under ch. NR 661 Appendix VIII only if they have been
shown in scientific studies to have toxic, carcinogenic, mutagenic or
teratogenic effects on humans or other life forms. Wastes listed in accordance
with these criteria will be designated toxic wastes.
(2) The department may list classes or types of solid waste as hazardous waste if the department has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in s. 291.01(7), Stats.
(3) The department will use the criteria for listing specified in this section to establish the exclusion limits referred to in s. NR 662.013(3).
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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