Wis. Admin. Code Department of Natural Resources NR 665.0001

Current through October 28, 2024

Section NR 665.0001 - Purpose, scope and applicability

(1) The purpose of this chapter is to establish minimum state standards that define the acceptable management of hazardous waste during the period of the interim license and until certification of final closure or, if the facility is subject to long-term care requirements, until long-term care responsibilities are fulfilled.

(2) Except as provided in s. NR 665.1080(2), the standards of this chapter, and of ss. NR 664.0552, 664.0553 and 664.0554, apply to owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied with the interim license requirements of s. 291.25(4), Stats., and s. NR 670.010 until either an operating license is issued under s. 291.25, Stats., or until applicable closure and long-term care responsibilities under this chapter are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by s. 291.05(1), Stats., and s. NR 660.07 or failed to file part A of the EPA hazardous waste permit application as required by s. NR 670.010(5) and (7). These standards apply to all treatment, storage and disposal of hazardous waste at these facilities after August 1, 2006, except as specifically provided otherwise in this chapter or ch. NR 661.

(3) The requirements of this chapter do not apply to any of the following:

(a) A person disposing of hazardous waste by means of ocean disposal subject to a permit issued under 33 USC 1401 to 1445.

Note: This chapter does apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea, as provided in sub. (2). Title 33 USC 1401 to 1445 is also known as the ocean dumping portion of the federal marine protection, research and sanctuaries act.

(c) The owner or operator of a POTW which treats, stores or disposes of hazardous waste according to the requirements in s. NR 670.001(3) (b) 9.

(e) The owner or operator of a facility licensed or registered by the department to dispose of either of the following:

1. Municipal or industrial solid waste, if the only hazardous waste the facility disposes of is from very small quantity generators and the facility has been approved by the department to accept hazardous waste from very small quantity generators.

2. Household and very small quantity generator waste, if the facility complies with the requirements of ch. NR 666 subch. HH.

Note: The specific requirements for solid waste landfills accepting hazardous waste from very small quantity generators are contained in s. NR 506.155. Very small quantity generators have the option of ensuring delivery of their hazardous waste to certain solid waste disposal facilities under s. NR 662.014.

(f) The owner or operator of a facility managing recyclable materials described in s. NR 661.0006(1) (b), (c) and (d) (except to the extent they are referred to in subch. C, F, G or H of ch. NR 666, or ch. NR 679).

(g) A generator accumulating waste on-site in compliance with the applicable conditions for exemption specified in ss. NR 662.014 to 662.017 and subchs. K and L of ch. NR 662, except to the extent the requirements are included in ss. NR 662.014 to 662.017 and subchs. K and L of ch. NR 662, or treating waste in containers or tanks, provided the requirements of ss. NR 662.014 to 662.017 are met.

(h) A farmer disposing of waste pesticides from the farmer's own use in compliance with s. NR 662.070.

(i) The owner or operator of a totally enclosed treatment facility, as defined in s. NR 660.10.

(j) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in s. NR 660.10, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 high TOC subcategory defined in s. NR 668.40, the table "Treatment Standards for Hazardous Wastes"), or reactive (D003) waste, to remove the characteristic before land disposal, the owner or operator shall comply with s. NR 665.0017(2).

(k)

1. Except as provided in subd. 2., a person engaged in treatment or containment activities during immediate response to any of the following situations:

a. A discharge of a hazardous waste.

b. An imminent and substantial threat of a discharge of a hazardous waste.

c. A discharge of a material which, when discharged, becomes a hazardous waste.

d. An immediate threat to human health, public safety, property or the environment, from the known or suspected presence of military munitions, other explosive material or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in s. NR 660.10.

2. An owner or operator of a facility otherwise regulated by this chapter shall comply with all applicable requirements of subchs. C and D.

3. Any person who is covered by subd. 1. and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and chs. NR 200 to 210, 212 to 214 and 216 for those activities.

4. In the case of an explosives or munitions emergency response, if a federal, state, tribal or local official acting within the scope of that person's responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA identification numbers or hazardous waste transportation licenses and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit shall retain records for 3 years identifying the dates of the response, the responsible persons responding, the type and description of material addressed and its disposition.

(l) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of s. NR 662.030 at a transfer facility for a period of 10 days or less.

(m) The addition of absorbent material to waste in a container (as defined in s. NR 660.10) or the addition of waste to the absorbent material in a container provided that these actions occur at the time waste is first placed in the containers; and ss. NR 665.0017(2), 665.0171 and 665.0172 are complied with.

(n) Universal waste handlers and universal waste transporters (as defined in s. NR 660.10) handling any of the following wastes. These handlers are regulated under ch. NR 673, when handling any of the following universal wastes:

1. Batteries as described in s. NR 673.02.

2. Pesticides as described in s. NR 673.03.

3. Thermostats and mercury-containing equipment as described in s. NR 673.04.

4. Lamps as described in s. NR 673.05.

(p) Reverse distributors accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in s. NR 666.500. Reverse distributors are subject to regulation under subch. P of ch. NR 666 in lieu of this chapter for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.

(4) EPA hazardous waste numbers F020, F021, F022, F023, F026 and FO27 may not be managed at facilities regulated under this chapter unless any of the following apply:

(a) The wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater treatment system.

(b) The waste is stored in tanks or containers.

(c) The waste is stored or treated in waste piles that meet the requirements of s. NR 664.0250(3) as well as all other applicable requirements of subch. L.

(d) The waste is burned in incinerators that are certified pursuant to the standards and procedures in s. NR 665.0352.

(e) The waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in s. NR 665.0383.

(5) The requirements of this chapter apply to owners or operators of all facilities which treat, store or dispose of hazardous waste referred to in ch. NR 668, and the ch. NR 668 standards are considered material conditions or requirements of the interim license standards in this chapter.

(6) Section NR 666.205 identifies when the requirements of this chapter apply to the storage of military munitions classified as solid waste under s. NR 666.202. The treatment and disposal of hazardous waste military munitions are subject to the applicable licensing, procedural and technical standards in chs. NR 660 to 670.

Wis. Admin. Code Department of Natural Resources NR 665.0001

CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

Amended by, CR 16-007: am. (3) (n) 3. Register July 2017 No. 739, eff.8/1/2017

Amended by, correction in (3) (e) (Note), (g), (p) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020

Amended by, CR 19-082: am. (3) (g), cr. (3) (p) Register July 2020 No 775, eff. 8-1-20; correction in (2), (3) (f) made under s. 13.92(4) (b) 7, Stats., Register April 2021 No. 784, eff. 5/1/2021