Current through August 26, 2024
(1) A military
munition is not a solid waste when either of the following occurs:
(a) It is used for its intended purpose,
including any of the following:
1. Use in
training military personnel or explosives and munitions emergency response
specialists (including training in proper destruction of unused propellant or
other munitions).
2. Use in
research, development, testing and evaluation of military munitions, weapons or
weapon systems.
3. Recovery,
collection and on-range destruction of unexploded ordnance and munitions
fragments during range clearance activities at active or inactive ranges.
However, "use for intended purpose" does not include the on-range disposal or
burial of unexploded ordnance and contaminants when the burial is not a result
of product use.
(b) It is
an unused munition, or component thereof, which is being repaired, reused,
recycled, reclaimed, disassembled, reconfigured or otherwise subjected to
materials recovery activities, unless the activities involve use constituting
disposal as defined in s. NR 661.0002(3) (a), or burning for energy recovery as
defined in s. NR 661.0002(3) (b).
(2) An unused military munition is a solid
waste when any of the following occurs:
(a)
The munition is abandoned by being disposed of, burned, detonated (except
during intended use as specified in sub. (1)), incinerated or treated prior to
disposal.
(b) The munition is
removed from storage in a military magazine or other storage area for the
purpose of being disposed of, burned, incinerated or treated prior to
disposal.
(c) The munition is
deteriorated or damaged (e.g., the integrity of the munition is compromised by
cracks, leaks or other damage) to the point that it cannot be put into
serviceable condition, and cannot reasonably be recycled or used for other
purposes.
(d) The munition has been
declared a solid waste by an authorized military official.
(3) A used or fired military munition is a
solid waste when either of the following occurs:
(a) When it is transported off range or from
the site of use, where the site of use is not a range, for the purposes of
storage, reclamation, treatment, disposal or treatment prior to
disposal.
(b) If it is recovered,
collected and then disposed of by burial, or landfilling either on or off a
range.
(4) For purposes
of s.
289.01(33),
Stats., a used or fired military munition is a solid waste, and, therefore, is
potentially subject to corrective action authorities under ss. 291.37, 291.95
and 291.97, Stats.,
42
USC 6924(u) and (v) and
6928(h),
and subch. S of ch. NR 664, or imminent danger authorities under s.
291.85, Stats.,
or
42 USC
6973(a), if the munition
lands off-range and is not promptly rendered safe or retrieved. Any imminent
danger threats associated with any remaining material shall be addressed. If
remedial action is infeasible, the operator of the range shall maintain a
record of the event for as long as any threat remains. The record shall include
the type of munition and its location to the extent the location is
known.
