Section NR 157.03 - Generator responsibilities(1) HANDLING AND STORAGE. The generator shall handle and store PCBs and products containing PCBs for disposal in a manner which will prevent losses to the environment. Except for transformers, containers used for the transportation or storage of PCBs or products containing PCBs may not be used for the storage or transportation of any other material. The department may require written handling and storage plans when it is determined by the department that the generator disposes of more than 500 pounds of PCBs annually, either in liquid form or incorporated in products. The department may also require written handling and storage plans when the department determines that the handling and storage practices of the generator are inadequate to prevent losses to the environment. The department's preliminary determination and the bases thereof shall be set forth in writing and transmitted to the generator, and the generator shall be allowed 10 business days to comment thereon. After receipt and consideration of the generator's comments, the department shall make its final determination. When the department determines that written handling and storage plans are required, the department shall review and approve, deny or deem the plans incomplete within 65 business days of receipt. Written handling and storage plans may include but are not limited to: (a) An inspection program for detecting leaks in equipment tanks or other containers and a program addressing remedial measures to collect escaped or escaping PCBs.(b) A spill containment program to prevent spillage of PCBs in handling, storage and processing areas which would include provisions for impervious floors, curbs, and sumps. Drains in these areas shall not be connected to a sanitary or storm sewer.(c) Provisions for the availability and use of container drums solely for handling all PCBs from such things as sumps, scrapped units, drip pans, and sample jars.(d) Provisions for availability and use of containers for supplies of material for absorbing small PCB spills or clean-up of larger spills and open-head drums with suitable closures, solely for handling PCB contaminated materials such as cellulose insulation, rags, paper pressboard, wood gaskets, and sawdust.(e) Provisions for the clean-up and disposal of PCBs or solvents containing PCBs which result from the maintenance, drainage, cleaning or spillage of products containing PCBs.(f) Provisions for the adequacy of all containers used to store PCBs or products containing PCBs destined for disposal to prevent escape of PCBs via spillage, leakage, or vaporization.(2) TRANSPORTATION AND DISPOSAL. (a) The generator shall make provisions with a service or disposal facility to accept the PCBs or products containing PCBs before permitting shipment for disposal. Shipment to service or disposal facilities in the state of Wisconsin shall be limited to those facilities which meet the requirements of ss. NR 157.06 and 157.07. If for any reason, delivery of the shipment is rejected by the service or disposal facility, the generator shall make provisions for immediate return of the shipment or delivery to another service or disposal facility.(b) Except as provided in s. NR 157.05, the generator shall transport PCBs or products containing PCBs for disposal in self-owned and operated vehicles or by contract with a transporter licensed as a transporter of hazardous wastes pursuant to ch. NR 663.(c) The generator shall make provisions with the transporter and service or disposal facility to aid the generator in completing waste tracking forms. The waste tracking forms, provided or approved by the department shall be completed in accordance with the following steps: 1. The generator shall initiate the form by supplying the required information and by signing all copies before the waste is transported.2. The generator shall obtain the signature of the transporter on all copies of the form.3. The generator shall retain one copy and give the remaining copies to the transporter to be delivered with the PCBs or products containing PCBs to the service or disposal facility.4. The generator shall maintain records of all waste tracking forms for the inspection of the department.5. When the generator transports for disposal PCBs or products containing PCBs in self-owned and operated vehicles, waste tracking forms must be completed as though the generator had contracted with a transporter.(d) Prior to shipment of PCBs or products containing PCBs for disposal, the generator shall ascertain that the PCBs or products containing PCBs are packaged or stored in sturdy and secure containers in a manner to prevent leakage or spillage. The generator shall also ascertain that the transporter is licensed pursuant to ch. NR 663, as a transporter of hazardous wastes. In the event of spillage of PCBs or products containing PCBs, the generator, as owner of the spilled substances, shall take whatever actions are necessary to prevent or minimize damages to the environment or will assist the transporter to prevent or minimize damages to the environment.Wis. Admin. Code Department of Natural Resources NR 157.03
Cr. Register, August, 1977, No. 260, eff. 9-1-77; am. (2) (b) and (d), Register, July, 1981, No. 307, eff. 8-1-81; am. (1) (intro.), Register, May, 1985, No. 353, eff. 6-1-85; am. (2) (b) and (d), Register, January, 1991, No. 421, eff. 2-1-91; corrections in (2) (b) and (d) made under s. 13.93(2m) (b) 7, Stats., Register December 2010 No. 660.