Section NR 660.31 - Standards and criteria for variances from classification as a solid waste(1) The department may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being recycled if the applicant demonstrates that sufficient amounts of the material will be recycled or transferred for recycling in the following year. If a variance is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The department's decision will be based on all of the following criteria: (a) The manner in which the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur (for example, because of past practice, market factors, the nature of the material or contractual arrangements for recycling).(b) The reason that the applicant has accumulated the material for one or more years without recycling 75% of the volume accumulated at the beginning of the year.(c) The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is recycled.(d) The extent to which the material is handled to minimize loss.(e) Other relevant factors.(2) The department may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on all of the following criteria: (a) How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials.(b) The extent to which the material is handled before reclamation to minimize loss.(c) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process.(d) The location of the reclamation operation in relation to the production process.(e) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form.(f) Whether the person who generates the material also reclaims it.(g) Other relevant factors.(3) The department may grant a request for a variance from classifying as a solid waste those hazardous secondary materials that have been partially reclaimed, but must be reclaimed further before recovery is completed, if the partial reclamation has produced a commodity-like material. A determination that a partially reclaimed material for which the variance is sought is commodity-like will be based on whether the hazardous secondary material is legitimately recycled as specified in s. NR 660.43 and on whether all of the following decision criteria are satisfied: (a) The degree of partial reclamation the material has undergone is substantial as demonstrated by using a partial reclamation process other than the process that generated the hazardous waste.(b) The partially reclaimed material has sufficient economic value that it will be purchased for further reclamation.(c) The partially reclaimed material is a viable substitute for a product or intermediate produced from virgin or raw materials that is used in subsequent production steps.(d) There is a market for the partially reclaimed material as demonstrated by known customers who are further reclaiming the material, such as records of sales or contracts and evidence of subsequent use, such as bills of lading.(e) The partially reclaimed material is handled to minimize loss(f) Other relevant factors.Wis. Admin. Code Department of Natural Resources NR 660.31
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 16-007: r. (2) (b), renum. (2) (c) to (h) to (2) (b) to (g) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (3) (intro.), (a), (b), r. and recr. (3) (c), (d), am. (3) (e) Register August 2020 No. 776, eff. 9-1-20; correction in (3) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020