Section NR 661.0001 - Purpose, scope and definitions(1) This chapter identifies solid wastes subject to regulation as hazardous wastes under chs. NR 662 to 665, 668, and 670, and subject to the notification requirements under s. NR 660.07. In this chapter: (a) Subchapter A defines the terms "solid waste" and "hazardous waste," identifies wastes that are excluded from regulation under chs. NR 662 to 666, 668, and 670, and establishes special management requirements for hazardous waste produced by very small quantity generators and hazardous waste that is recycled.(b) Subchapter B sets forth the criteria used by the department to identify characteristics of hazardous waste and to list particular hazardous wastes.(c) Subchapter C identifies characteristics of hazardous waste.(d) Subchapter D lists particular hazardous wastes.(2)(a) The definition of solid waste contained in this chapter applies only to wastes that also are hazardous for the purposes of chs. NR 660 to 673. For example, it does not apply to materials such as non-hazardous scrap, paper, textiles, or rubber, that are not otherwise hazardous wastes and that are recycled.(b) This chapter identifies only some of the materials that are solid wastes and hazardous wastes for the purposes of ss. 291.15, 291.85, 291.91, and 291.93, Stats., and 42 USC 6927, 6934, and 6973(a). A material that is not defined as a solid waste in this chapter, or is not a hazardous waste identified or listed in this chapter, is still a solid waste and a hazardous waste for the purposes of those provisions if any of the following are met: 1. In the case of ss. 291.15, 291.91, and 291.93, Stats., or 42 USC 6927 and 6934, the department or EPA has reason to believe that the material may be a solid waste within the meaning of s. 289.01(33), Stats., and section 1004 (27) of RCRA, or a hazardous waste within the meaning of s. 291.01(7), Stats., and section 1004 (5) of RCRA.2. In the case of s. 291.85, Stats., and 42 USC 6973(a), the statutory elements are established.(3) For the purposes of ss. NR 661.0002 and 661.0006: (a) "Spent material" means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.(b) "Sludge" has the meaning used in s. NR 660.10(105).(c) "By-product" means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples of by-products are process residues such as slags or distillation column bottoms. "By-product" does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.(d) "Reclaimed" means a material that has been processed to recover a usable product or that has been regenerated. Examples of "reclaimed material" are recovery of lead values from spent batteries, regeneration of spent solvents, and, for the purposes of s. NR 661.0004(1) (w) and (x), smelting, melting, and refining furnaces solely engaged in metals reclamation if the metal recovery from the hazardous secondary material meets the requirements specified for metals recovery from hazardous waste found in ss. NR 666.100(4) (a) to (c), and if the residuals meet the requirements specified in s. NR 666.112.(e) "Used or reused" means a material that is one of the following: 1. Employed as an ingredient, including use as an intermediate, in an industrial process to make a product, such as distillation bottoms from one process used as feedstock in another process. However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products, as when metals are recovered from metal-containing secondary material.2. Employed in a particular function or application as an effective substitute for a commercial product, such as spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment.(f) "Scrap metal" means bits and pieces of metal parts, such as bars, turnings, rods, sheets, wire, or metal pieces that may be combined together with bolts or soldering, such as radiators, scrap automobiles, or railroad box cars, which when worn or superfluous, can be recycled.(g) "Recycled" means a material that is used, reused, or reclaimed.(h) "Accumulated speculatively" means a material that is accumulated before being recycled. 1. A material is not accumulated speculatively if the person accumulating it can show all of the following: a. The material is potentially recyclable and has a feasible means of being recycled.b. During the calendar year commencing on January 1, the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period.2. Materials that are accumulated speculatively shall be placed in a storage unit with a label indicating the first date that the material began to be accumulated. If placing a label on the storage unit is not practicable, the accumulation period shall be documented through an inventory log or other appropriate method.3. In calculating the percentage of turnover for materials that are accumulated speculatively, the 75 percent requirement shall be applied to each material of the same type, such as slags from a single smelting process, that is recycled in the same way. Materials accumulating in units that are exempt from regulation under s. NR 661.0004(3) may not be included in making the calculation.4. Materials that are accumulated speculatively that are already defined as solid wastes may not be included in making the calculation.5. Materials that are accumulated speculatively are no longer in this category once they are removed from accumulation for recycling.(i) "Excluded scrap metal" means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.(j) "Processed scrap metal" means scrap metal that has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes scrap metal that has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type, and, fines, drosses and related materials that have been agglomerated. Note: Shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled under s. NR 661.0004(1) (n).
(k) "Home scrap metal" means scrap metal generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.(L) "Prompt scrap metal" means scrap metal generated by the metal working and fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings.Wis. Admin. Code Department of Natural Resources NR 661.0001
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (a), (2) (a), (b) (intro.), (3) (c), (h) 1. b. made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020Amended by, correction in (3) (b) made under s. 13.92(4) (b) 7, Stats., Register April 2021 No. 784, eff. 5/1/2021 Prompt scrap is also known as industrial or new scrap metal.