(1) Provided that
the very small quantity generator meets all of the conditions for exemption
listed in this section, hazardous waste generated by the very small quantity
generator is not subject to the requirements under chs.
NR
662 (except for the requirements under ss.
NR 662.010 to 662.014) to 668, and 670, and the
notification requirements under s.
NR 660.07, and the very small quantity generator may
accumulate hazardous waste on-site without complying with such requirements.
The conditions for exemption are all of the following:
(a) In a calendar month the very small
quantity generator generates less than or equal to the amounts specified for a
very small quantity generator in s.
NR 660.10(139).
(b) The very small quantity generator
complies with s.
NR 662.011(1) to
(4).
Note: It is recommended that a very small
quantity generator follow the recordkeeping requirements specified in s.
NR 662.011(6) to document its waste
determinations.
(c) If the
very small quantity generator accumulates at any time greater than 1 kilogram
of acute hazardous waste or 100 kilograms of any residue or contaminated soil,
water, or other debris resulting from the cleanup of a spill, into or on any
land or water, of any acute hazardous waste listed in s. NR 661.0031 or 661.0033(5), all quantities of that acute hazardous waste are subject to all of
the following additional conditions for exemption:
1. The waste is held on-site for no more than
90 days beginning on the date when the accumulated wastes exceed the amounts
provided in s. NR 662.014(1) (c).
2. The conditions for exemption specified in
s. NR 662.017(1) to (7) are met.
(d) If the very small quantity generator
accumulates at any time 1,000 kilograms or greater of non-acute hazardous
waste, all quantities of that hazardous waste are subject to all of the
following additional conditions for exemption:
1. The waste is held on-site for no more than
180 days, or 270 days if the generator meets the requirements specified in s.
NR 662.016(3), beginning on the date when the accumulated waste exceeds the
amounts provided in s. NR 662.014(1) (c).
2. The quantity of waste accumulated on-site
never exceeds 6,000 kilograms.
3.
The conditions for exemption specified in s. NR 662.016(2) (b) to (6) are
met.
(e) A very small
quantity generator that accumulates hazardous waste in amounts less than or
equal to the limits specified in pars. (c) and (d) shall either treat or
dispose of its hazardous waste in an on-site facility or ensure delivery to an
off-site treatment, storage, or disposal facility. If the off-site treatment,
storage, or disposal facility is located outside of Wisconsin, the facility
shall be one of the following:
1. Permitted
under 40 CFR part 270.
2. In
interim status under 40 CFR parts 265 and 270.
3. Authorized to manage hazardous waste by a
state with a hazardous waste management program approved under 40 CFR part
271.
4. Permitted, licensed, or
registered by a state to manage municipal solid waste and, if managed in a
municipal solid waste landfill, subject 40 CFR part 258.
5. Permitted, licensed, or registered by a
state to manage non-municipal non-hazardous waste and, if managed in a
non-municipal non-hazardous waste disposal unit, subject to the requirements in
40
CFR 257.5 to
257.30.
6. A facility that does any of the following:
a. Beneficially uses or reuses, or
legitimately recycles or reclaims, its waste.
b. Treats its waste prior to beneficial use
or reuse or legitimate recycling or reclamation.
7. For universal waste managed under 40 CFR
part 273, a universal waste handler or destination facility subject to the
requirements of 40 CFR part 273.
8.
A large quantity generator under the control of the same person as the very
small quantity generator, provided all the following conditions are met:
a. "Control," for the purposes of this
section, means the power to direct the policies of the generator, whether by
the ownership of stock, voting rights, or otherwise, except that contractors
who operate generator facilities on behalf of a different person as defined in
s.
NR 660.10(90) may not be deemed to
"control" such generators.
b. The
very small quantity generator and the large quantity generator are under the
control of the same person as defined in
40
CFR 260.10.
c. The very small quantity generator marks
its container of hazardous waste with the words "Hazardous Waste" and an
indication of the hazards of the contents. Acceptable indications of hazardous
contents include the following: applicable hazardous waste characteristic or
characteristics, such as ignitable, corrosive, reactive, or toxic; hazard
communication consistent with the department of transportation requirements on
labeling or placarding, incorporated into s.
Trans 326.01(3); a hazard statement or
pictogram consistent with the Occupational Safety and Health Administration
Hazard Communication Standard, incorporated into s.
SPS 332.50; or a chemical hazard label consistent with the
National Fire Protection Association 704 label, incorporated into s.
SPS 314.001(1)
(a).
9. A reverse distributor, as defined in s. NR 666.500, if the hazardous waste pharmaceutical is a potentially creditable
hazardous waste pharmaceutical generated by a healthcare facility as defined in
s. NR 666.500.
10. A healthcare
facility as defined in s. NR 666.500 that meets the conditions in ss. NR 666.502(a) and 666.503(2), as applicable, to accept non-creditable hazardous
waste pharmaceuticals and potentially creditable hazardous waste
pharmaceuticals from an off-site healthcare facility that is a very small
quantity generator.
11. For airbag
waste, an airbag waste collection facility or a designated facility subject to
the requirements of
40
CFR
261.4(j).
(f) A very small quantity generator that
accumulates hazardous waste in amounts less than or equal to the limits
specified in pars. (c) and (d) shall either treat or dispose of its hazardous
waste in an on-site facility or ensure delivery to an off-site treatment,
storage, or disposal facility. If the off-site treatment, storage, or disposal
facility is located in Wisconsin, the facility shall be all of the following:
1. Licensed under ch. NR 670.
2. In interim status under chs.
NR 665 and 670.
3. A licensed solid waste disposal facility
that has been approved by the department to accept hazardous waste from very
small quantity generators.
4. A
facility that does any of the following:
a.
Beneficially uses or reuses or legitimately recycles or reclaims its
waste.
b. Treats its waste prior to
beneficial use or reuse or legitimate recycling or reclamation.
5. For universal waste managed
under ch. NR 673, a universal waste handler or destination facility subject to
the requirements of ch. NR 673.
6.
A large quantity generator under the control of the same person as the very
small quantity generator, provided all of the following conditions are met:
a. The very small quantity generator and the
large quantity generator are under the control of the same person as defined in
s.
NR 660.10(90).
b. The very small quantity generator marks
its container of hazardous waste with the words "Hazardous Waste" and an
indication of the hazards of the contents. Acceptable indications of hazardous
contents include the following: applicable hazardous waste characteristic or
characteristics, such as ignitable, corrosive, reactive, or toxic; hazard
communication consistent with the department of transportation requirements on
labeling or placarding, incorporated into s.
Trans 326.01(3); a hazard statement or
pictogram consistent with the Occupational Safety and Health Administration
Hazard Communication Standard, incorporated into s.
SPS 332.50; or a chemical hazard label consistent with the
National Fire Protection Association 704 label, incorporated into s.
SPS 314.001(1)
(a).
11. For airbag waste, an airbag waste
collection facility or a designated facility subject to the requirements
specified in s. NR 661.0004(10).
Note: Very Small Quantity Generators may also
send their waste to facilities identified in
40 CFR
262.14(5).
