Wisconsin Administrative Code
Department of Natural Resources
NR 600-699 - Environmental Protection - Hazardous Waste Management
Chapter NR 666 - Standards For Managing Specific Hazardous Wastes And Specific Types Of Hazardous Waste Management Facilities
Subchapter M - Military Munitions
Section NR 666.205 - Standards applicable to the storage of solid waste military munitions

Universal Citation: WI Admin Code § NR 666.205

Current through August 26, 2024

(1) CRITERIA FOR HAZARDOUS WASTE REGULATION OF WASTE NON-CHEMICAL MILITARY MUNITIONS IN STORAGE.

(a) Waste military munitions in storage that exhibit a hazardous waste characteristic or are listed as hazardous waste under ch. NR 661, are subject to chs. NR 660 to 679, unless all the following conditions are met:

1. The waste military munitions are not chemical agents or chemical munitions.

2. The waste military munitions are subject to the jurisdiction of the DDESB.

3. The waste military munitions are stored in accordance with the DDESB storage standards applicable to waste military munitions.

4. Within 90 days of August 12, 1997 or within 90 days of when a storage unit is first used to store waste military munitions, whichever is later, the owner or operator notifies the department of the location of any waste storage unit used to store waste military munitions for which the conditional exemption in this paragraph is claimed.

5. The owner or operator provides oral notice to the department within 24 hours from the time the owner or operator becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of this paragraph that may endanger health or the environment. In addition, a written submission describing the circumstances shall be provided within 5 days from the time the owner or operator becomes aware of any loss or theft of the waste military munitions or any failure to meet a condition of this paragraph.

6. The owner or operator inventories the waste military munitions at least annually, inspects the waste military munitions at least quarterly for compliance with the conditions of this paragraph and maintains records of the findings of these inventories and inspections for at least 3 years.

7. Access to the stored waste military munitions is limited to appropriately trained and authorized personnel.

(b) The conditional exemption in par. (a) from regulation as hazardous waste shall apply only to the storage of non-chemical waste military munitions. It does not affect the regulatory status of waste military munitions as hazardous wastes with regard to transportation, treatment or disposal.

(2) NOTICE OF TERMINATION OF WASTE STORAGE. The owner or operator shall notify the department when a storage unit identified in sub. (1) (a) 4. will no longer be used to store waste military munitions.

(3) REINSTATEMENT OF CONDITIONAL EXEMPTION. If any waste military munition loses its conditional exemption under sub. (1) (a), an application may be filed with the department for reinstatement of the conditional exemption from hazardous waste storage regulation with respect to the munition as soon as the munition is returned to compliance with the conditions of sub. (1) (a). If the department finds that reinstatement of the conditional exemption is appropriate based on factors such as the owner's or operator's provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the department may reinstate the conditional exemption under sub. (1) (a). If the department does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be deemed granted, retroactive to the date of the application. However, the department may terminate a conditional exemption reinstated by default in the preceding sentence if it finds that reinstatement is inappropriate based on factors such as the owner's or operator's failure to provide a satisfactory explanation of the circumstances of the violation, or failure to demonstrate that the violations are not likely to recur. In reinstating the conditional exemption under sub. (1) (a), the department may specify additional conditions as are necessary to ensure and document proper storage to protect human health and the environment.

(4) WASTE CHEMICAL MUNITIONS.

(a) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under ch. NR 661, are subject to chs. NR 660 to 670.

(b) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under ch. NR 661, are not subject to the storage prohibition in s. NR 668.50.

(5) AMENDMENTS TO DDESB STORAGE STANDARDS. The DDESB storage standards applicable to waste military munitions, referenced in sub. (1) (a) 3., are DOD 6055.9-STD ("DOD Ammunition and Explosives Safety Standards"), incorporated by reference in s. NR 660.11, except as provided in the following sentence. Any amendments to the DDESB storage standards shall become effective for purposes of sub. (1) (a) on the date the U.S. department of defense publishes notice in the federal register that the DDESB standards referenced in sub. (1) (a) have been amended.

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