Section NR 662.010 - Purpose, scope, and applicability(1) The regulations in this chapter establish the following standards for generators of hazardous waste: (a) A person who generates a hazardous waste as defined under ch. NR 661 is subject to all of the following applicable independent requirements in the subchapters and sections: 1. `Independent requirements of a very small quantity generator.' a. Section NR 662.011(1) to (4) Hazardous waste determination and recordkeeping.b. Section NR 662.013 Generator category determination.2. `Independent requirements of a small quantity generator.' a. Section NR 662.011 Hazardous waste determination and recordkeeping.b. Section NR 662.013 Generator category determination.c. Section NR 662.018 EPA identification numbers and re-notification for small quantity generators and large quantity generators.d. Subchapter B-Manifest requirements applicable to small and large quantity generators.e. Subchapter C-Pre-transport requirements applicable to small and large quantity generators.f. Section NR 662.040 Recordkeeping.g. Section NR 662.044 Recordkeeping for small quantity generators.h. Subchapter H-Transboundary movements of hazardous waste for recovery or disposal.3. `Independent requirements of a large quantity generator.' a. Section NR 662.011 Hazardous waste determination and recordkeeping.b. Section NR 662.013 Generator category determination.c. Section NR 662.018 EPA identification numbers and re-notification for small quantity generators and large quantity generators.d. Subchapter B-Manifest requirements applicable to small and large quantity generators.e. Subchapter C-Pre-transport requirements applicable to small and large quantity generators.f. Subchapter D-Recordkeeping and reporting applicable to small and large quantity generators, except s. NR 662.044.g. Subchapter H-Transboundary movements of hazardous waste for recovery or disposal.(b) A generator that accumulates hazardous waste on-site is a person that stores hazardous waste. Such generator is subject to the applicable requirements of chs. NR 664 to 667 and 670, and s. NR 660.07, unless it is any of the following: 1. A very small quantity generator that meets the conditions for exemption under s. NR 662.014.2. A small quantity generator that meets the conditions for exemption under ss. NR 662.015 and 662.016.3. A large quantity generator that meets the conditions for exemption under ss. NR 662.015 and 662.017.(c) A generator may not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in s. NR 660.10(21), or not otherwise authorized to receive the generator's hazardous waste.(2) When determining a generator category, a generator shall use s. NR 662.013 to determine which provisions of this chapter are applicable to the generator based on the quantity of hazardous waste generated per calendar month.(4) Any person who exports or imports hazardous wastes shall comply with subch. H and s. NR 662.018.(5) Any person who imports hazardous waste into the United States shall comply with the standards applicable to generators established in this chapter.(6) A farmer who generates waste pesticides that are hazardous waste and who complies with all of the requirements under s. NR 662.070 is not required to comply with other standards in this chapter or ch. NR 670, 664, 665, 667, or 668 with respect to such pesticides.(7) A person who generates a hazardous waste as defined under ch. NR 661 is subject to all of the following: (a) A generator's violation of an independent requirement is subject to penalty and injunctive relief under ch. 291, Stats., and 42 USC 6928.(b) A generator's noncompliance with a condition for exemption in this chapter is not subject to penalty or injunctive relief under ch. 291, Stats., or 42 USC 6928 as a violation of a ch. NR 662 condition for exemption. Noncompliance by any generator with an applicable condition for exemption from storage license and operations requirements means that the facility is a storage facility operating without an exemption from the license, interim status, and operations requirements under chs. NR 664 to 667 and 670, and the notification requirements under s. NR 660.07. Without an exemption, any violations of such storage requirements are subject to penalty and injunctive relief under ch. 291, Stats., or 42 USC 6928.(8) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility shall comply with the generator standards established in this chapter.(9) A person responding to an explosives or munitions emergency in accordance with s. NR 664.0001(7) (h) 1. d. or 4., s. NR 665.0001(3) (k) 1. d. or 4., or s. NR 670.001(3) (c) 1. d or 3. is not required to comply with the standards of this chapter.(12) In this subsection, "eligible academic entity" has the meaning given in s. NR 662.200(3) and "laboratory" has the meaning given in s. NR 662.200(5). A laboratory owned by an eligible academic entity that chooses to be subject to the requirements of subch. K is not subject to any of the following: (a) The independent requirements under s. NR 662.011 or the regulations specified in s. NR 662.015 for large quantity generators and small quantity generators, except as provided in subch. K.(b) The conditions under s. NR 662.014, for very small quantity generators, except as provided in subch. K. Note: The provisions specified in s. NR 662.015 are applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions specified in s. NR 662.015 only apply to owners or operators who are shipping hazardous waste generated at that facility.
Note: A generator that treats, stores, or disposes of hazardous waste on-site is required to comply with the applicable standards and license requirements under chs. NR 664, 665, 666, 668, and 670.
(13) A reverse distributor as defined in s. NR 666.500 is subject to subch. P of ch. NR 666 for the management of hazardous waste pharmaceuticals in lieu of this chapter.(14) Each healthcare facility as defined in s. NR 666.500 shall determine whether it is subject to subch. P of ch. NR 666 for the management of hazardous waste pharmaceuticals, based on the total hazardous waste it generates per calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste. A healthcare facility that generates more than 100 kg of hazardous waste per calendar month, or more than 1 kg of acute hazardous waste per calendar month, or more than 100 kg per calendar month of any residue or contaminated soil, water, or other debris, resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in s. NR 661.0031 or 661.0033(5), is subject to subch. P of ch. NR 666 for the management of hazardous waste pharmaceuticals in lieu of this chapter. A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to s. NR 662.014 and is not subject to subch. P of ch. NR 666, except for ss. NR 666.505 and 666.507 and the optional provisions under s. NR 666.504.Wis. Admin. Code Department of Natural Resources NR 662.010
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 16-007: cr. (10) Register July 2017 No. 739, eff. 8-1-17; correction in (4), (5) made under s. 13.92(4) (b) 7, Stats., Register July 2017 No. 739, eff.8/1/2017Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (a) 2. d., e., h., 3. d. to g., (4), (9), (14) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020A generator who treats, stores or disposes of hazardous waste on-site shall comply with the applicable standards and license requirements in chs. NR 664, 665, 666, 668 and 670.