(1) The purpose of
this chapter is to establish minimum state standards which define the
acceptable management of hazardous waste.
(2) The standards in this chapter apply to
owners and operators of all facilities which treat, store or dispose of
hazardous waste, except as specifically provided otherwise in this chapter or
ch. NR 661.
(3) The requirements of
this chapter apply to a person disposing of hazardous waste by means of ocean
disposal subject to a permit issued under
33 USC
1401 to
1445.
Note: This chapter does apply to the treatment
or storage of hazardous waste before it is loaded onto an ocean vessel for
incineration or disposal at sea. Title
33 USC
1401 to
1445
is also known as the ocean dumping portion of the federal marine protection,
research and sanctuaries act.
(4) The requirements of this chapter apply to
a person disposing of hazardous waste by means of underground injection subject
to a permit issued under an underground injection control (UIC) program
approved or promulgated under
42
USC 300f to
300j-26
only to the extent they are required by
40 CFR
144.14.
Note: This chapter does apply to the above
ground treatment or storage of hazardous waste before it is injected
underground. Title
42
USC 300f to
300j-26
is also known as the federal safe drinking water act.
(5) The requirements of this chapter do not
apply to the owner or operator of a POTW who treats, stores or disposes of
hazardous waste in compliance with s.
NR 670.001(3)
(b) 9.
(7) The requirements of this chapter do not
apply to any of the following:
(a) The owner
or operator of a facility licensed or registered by the department to manage
either of the following:
1. Municipal or
industrial solid waste, if the only hazardous waste the facility disposes of is
from very small quantity generators and the facility has been approved by the
department to accept hazardous waste from very small quantity
generators.
2. Household and very
small quantity generator waste, if the facility complies with the requirements
of ch. NR 666 subch. HH.
Note: The specific requirements for solid
waste landfills accepting hazardous waste from very small quantity generators
are contained in s.
NR 506.155. Very small quantity generators have the
option of ensuring delivery of their hazardous waste to certain solid waste
disposal facilities under s.
NR 662.014.
(b) The owner or operator of a facility
managing recyclable materials described in s.
NR 661.0006(1) (b), (c) and (d), except
to the extent they are referred to in subch. C, F, G or H of ch. NR 666, or ch.
NR 679.
(c) A generator
accumulating waste on-site in compliance with s.
NR 662.014, 662.015, 662.016, or 662.017, or treating
waste in containers or tanks, provided the requirements under s.
NR 662.014, 662.016, or 662.017 are met.
(d) A farmer disposing of waste pesticides
from the farmer's own use in compliance with s.
NR 662.070.
(e) The owner or operator of a totally
enclosed treatment facility, as defined in s.
NR 660.10.
(f) The owner or operator of an elementary
neutralization unit or a wastewater treatment unit as defined in s.
NR 660.10, provided that if the owner or operator is
diluting hazardous ignitable (D001) wastes (other than the D001 high TOC
subcategory defined in s.
NR 668.40, the table "Treatment Standards for Hazardous
Wastes"), or reactive (D003) waste, to remove the characteristic before land
disposal, the owner or operator shall comply with s.
NR 664.0017(2).
(h)
1.
Except as provided in subd. 2., a person engaged in treatment or containment
activities during immediate response to any of the following situations:
a. A discharge of a hazardous
waste.
b. An imminent and
substantial threat of a discharge of hazardous waste.
c. A discharge of a material which, when
discharged, becomes a hazardous waste.
d. An immediate threat to human health,
public safety, property or the environment, from the known or suspected
presence of military munitions, other explosive material or an explosive
device, as determined by an explosive or munitions emergency response
specialist as defined in s.
NR 660.10.
2. An owner or operator of a facility
otherwise regulated by this chapter shall comply with all applicable
requirements of subchs. C and D.
3.
Any person who is covered by subd. 1. and who continues or initiates hazardous
waste treatment or containment activities after the immediate response is over
is subject to all applicable requirements of this chapter and chs.
NR 200 to 210, 212 to 214 and 216
for those activities.
4. In the
case of an explosives or munitions emergency response, if a federal, state,
tribal or local official acting within the scope of that person's official
responsibilities, or an explosives or munitions emergency response specialist,
determines that immediate removal of the material or waste is necessary to
protect human health or the environment, that official or specialist may
authorize the removal of the material or waste by transporters who do not have
EPA identification numbers or hazardous waste transportation licenses and
without the preparation of a manifest. In the case of emergencies involving
military munitions, the responding military emergency response specialist's
organizational unit shall retain records for 3 years identifying the dates of
the response, the responsible persons responding, the type and description of
material addressed and its disposition.
(i) A transporter storing manifested
shipments of hazardous waste in containers meeting the requirements of s.
NR 662.030 at a transfer facility for a period of 10 days
or less.
(j) The addition of
absorbent material to waste in a container (as defined in s.
NR 660.10) or the addition of waste to absorbent
material in a container, provided that these actions occur at the time waste is
first placed in the container; and ss.
NR 664.0017(2), 664.0171 and 664.0172
are complied with.
(k) Universal
waste handlers and universal waste transporters (as defined in s.
NR 660.10) handling any of the following wastes. These
handlers are regulated under ch. NR 673, when handling any of the following
universal wastes:
1. Batteries as described
in s.
NR 673.02.
2.
Pesticides as described in s.
NR 673.03.
3.
Thermostats and mercury-containing equipment as described in s.
NR 673.04.
4.
Lamps as described in s.
NR 673.05.
(m) A reverse distributor accumulating
potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals, as defined in s.
NR 666.500. Reverse distributors are subject to
regulation under subch. P of ch. NR 666 in lieu of this chapter for the
accumulation of potentially creditable hazardous waste pharmaceuticals and
evaluated hazardous waste pharmaceuticals.
(8) The requirements of this chapter apply to
owners or operators of all facilities which treat, store or dispose of
hazardous wastes referred to in ch. NR 668.
(9) Section
NR 666.205 identifies when the requirements of this
chapter apply to the storage of military munitions classified as solid waste
under s.
NR 666.202. The treatment and disposal of hazardous waste
military munitions are subject to the applicable licensing, procedural and
technical standards in chs.
NR
660 to 670.
(10) The requirements of subchs. B, C and D
and s.
NR 664.0101 do not apply to remediation waste management
sites. (However, some remediation waste management sites may be a part of a
facility that is subject to a license issued under s.
291.25,
Stats., and ch. NR 670 because the facility is also treating, storing or
disposing of hazardous wastes that are not remediation wastes. In these cases,
subchs. B, C and D, and s.
NR 664.0101 do apply to the facility subject to the
license.) Instead of meeting the requirements of subchs. B, C and D, owners or
operators of remediation waste management sites shall do all of the following:
(a) Obtain an EPA identification number as
specified in s.
NR 660.07.
(b) Obtain a detailed chemical and physical
analysis of a representative sample of the hazardous remediation wastes to be
managed at the site. At a minimum, the analysis shall contain all of the
information which must be known to treat, store or dispose of the waste
according to this chapter and ch. NR 668, and shall be kept accurate and up to
date.
(c) Prevent people who are
unaware of the danger from entering, and minimize the possibility for
unauthorized people or livestock to enter onto the active portion of the
remediation waste management site, unless the owner or operator can demonstrate
to the department all of the following:
1.
Physical contact with the waste, structures or equipment within the active
portion of the remediation waste management site will not injure people or
livestock who may enter the active portion of the remediation waste management
site.
2. Disturbance of the waste
or equipment by people or livestock, who enter onto the active portion of the
remediation waste management site, will not cause a violation of the
requirements of this chapter.
(d) Inspect the remediation waste management
site for malfunctions, deterioration, operator errors and discharges that may
be causing, or may lead to, a 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, and shall remedy the problem
before it leads to a human health or environmental hazard. Where a hazard is
imminent or has already occurred, the owner or operator shall take remedial
action immediately.
(e) Provide
personnel with classroom or on-the-job training on how to perform their duties
in a way that ensures the remediation waste management site complies with the
requirements of this chapter, and on how to respond effectively to
emergencies.
(f) Take precautions
to prevent accidental ignition or reaction of ignitable or reactive waste, and
prevent threats to human health and the environment from ignitable, reactive
and incompatible waste.
(g) For
remediation waste management sites regulated under subchs. I to O and X,
design, construct, operate and maintain a unit within a 100-year floodplain to
prevent washout of any hazardous waste by a 100-year flood, unless the owner or
operator can meet the demonstration of s.
NR 664.0018(2).
(h) Not place any non-containerized or bulk
liquid hazardous waste in any salt dome formation, salt bed formation,
underground mine or cave.
(i)
Develop and maintain a construction quality assurance program for all surface
impoundments, waste piles and landfill units that are required to comply with
ss.
NR 664.0221(3)
and (4), 664.0251(3) and (4) and 664.0301(3)
and (4) at the remediation waste management site, according to the requirements
of s.
NR 664.0019.
(j) Develop and maintain procedures to
prevent accidents and a contingency and emergency plan to control accidents
that occur. These procedures shall address proper design, construction,
maintenance and operation of remediation waste management units at the site.
The goal of the plan shall be to minimize the possibility of, and the hazards
from a fire, explosion or any unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents to air, soil or surface water
that could threaten human health or the environment. The plan shall explain
specifically how to treat, store and dispose of the hazardous remediation waste
in question, and shall be implemented immediately whenever a fire, explosion or
release of hazardous waste or hazardous waste constituents which could threaten
human health or the environment occurs.
(k) Designate at least one employee, either
on the facility premises or on call (that is, available to respond to an
emergency by reaching the facility quickly), to coordinate all emergency
response measures. This emergency coordinator shall be thoroughly familiar with
all aspects of the facility's contingency plan, all operations and activities
at the facility, the location and characteristics of waste handled, the
location of all records within the facility, and the facility layout. In
addition, this person shall have the authority to commit the resources needed
to carry out the contingency plan.
(l) Develop, maintain and implement a plan to
meet the requirements in pars. (b) to (f), (i) and (j).
(m) Maintain records documenting compliance
with pars. (a) to (L).
