Section NR 661.0002 - Definition of solid waste(1)(a) "Solid waste" means any discarded material that is not excluded under s. NR 661.0004(1) or that is not excluded by a variance granted under ss. NR 660.30 and 660.31 or that is not excluded by a non-waste determination under ss. NR 660.30 and 660.34.(b) "Discarded material" means any material that is one of the following: 1. Abandoned, as specified in sub. (2).2. Recycled, as specified in sub. (3).3. Considered inherently waste-like, as specified in sub. (4).4. A military munition identified as a solid waste as specified in s. NR 666.202.(2) Materials are solid wastes if they are abandoned by being any of the following: (b) Burned or incinerated.(c) Accumulated, stored, or treated, but not recycled, before or in lieu of being abandoned by being disposed of, burned or incinerated.(d) Sham recycled, as specified in sub. (7).(3) Materials are solid wastes if they are recycled, or accumulated, stored, or treated before recycling as specified in pars. (a) to (d): (a) They are used in a manner constituting disposal. 1. Materials noted with a "*" in column 1 of Table 1 are solid wastes when they are any of the following: a. Applied to or placed on the land in a manner that constitutes disposal.b. Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land, in which case the product itself remains a solid waste.2. Commercial chemical products listed in s. NR 661.0033 are not solid wastes if they are applied to the land and that is their ordinary manner of use.(b) They are burned for energy recovery .1. Materials noted with a "*" in column 2 of Table 1 are solid wastes when they are any of the following: a. Burned to recover energy.b. Used to produce a fuel or are otherwise contained in fuels, in which cases the fuel itself remains a solid waste.2. Commercial chemical products listed in s. NR 661.0033 are not solid wastes if they are themselves fuels.(c) They are reclaimed . Materials noted with a "-" in column 3 of Table 1 are not solid wastes when reclaimed. Materials noted with an "*" in column 3 of Table 1 are solid wastes when reclaimed unless they meet the requirements specified in s. NR 661.0004(1) (q), (w), (x), or (za).(d) They are accumulated speculatively . Materials noted with a "*" in column 4 of Table 1 are solid wastes when accumulated speculatively. Table 1
Use constituting disposal s. NR 661.0002 (3) (a) | Energy recovery or fuel s. NR 661.0002 (3) (b) | Reclamation s. NR 661.0002 (3) (c), except as provided in s. NR 661.0004(1) (q), (w), (x), or (za) | Speculative accumulation s. NR 661.0002 (3) (d) |
1 | 2 | 3 | 4 |
Spent Materials | (*) | (*) | (*) | (*) |
Sludges (listed s. NR 661.0031 or 661.0032) | (*) | (*) | (*) | (*) |
Sludges exhibiting a characteristic of hazardous waste | (*) | (*) | - | (*) |
By-products (listed in s. NR 661.0031 or 661.0032) | (*) | (*) | (*) | (*) |
By-products exhibiting a characteristic of hazardous waste | (*) | (*) | - | (*) |
Commercial chemical products (listed in s. NR 661.0033) | (*) | (*) | - | - |
Scrap metal that is not excluded under s. NR 661.0004(1) (m) | (*) | (*) | (*) | (*) |
Note: The terms "spent materials," "sludges," "by-products," "scrap metal" and "processed scrap metal" are defined in s. NR 661.0001.
(4) All of the following inherently waste-like materials are solid wastes when they are recycled in any manner:(a) Hazardous waste numbers F020, F021, unless used as an ingredient to make a product at the site of generation, F022, F023, F026, and F028.(b) Secondary material fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste, as defined in subch. C or D, except for brominated material that meets all of the following criteria:1. The material contains a bromine concentration of at least 45%.2. The material contains less than a total of 1% of toxic organic compounds listed in Appendix VIII.3. The material is processed continually on-site in the halogen acid furnace via direct conveyance by hard piping.(c) The department shall use all of the following criteria to add wastes to the inherently waste-like materials list:1. Any of the following:a. The materials are ordinarily disposed of, burned, or incinerated.b. The materials contain toxic constituents listed in Appendix VIII and these constituents are not ordinarily found in raw materials or products for which the materials substitute, or are found in raw materials or products in smaller concentrations, and are not used or reused during the recycling process.2. The material may pose a substantial hazard to human health and the environment when recycled.(5)(a) A material is not a solid waste when it can be shown to be recycled by being one of the following: 1. Used or reused as an ingredient in an industrial process to make a product, provided the material is not being reclaimed prior to the use or reuse.2. Used or reused as an effective substitute for commercial products, provided the material is not reclaimed prior to the use or reuse.3. Returned to the original process from which it was generated, without first being reclaimed or land disposed. The material shall be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the material shall be managed such that there is no placement on the land. In cases where the material is generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at s. NR 661.0004(1) (q) apply rather than this subsection.(b) All of the following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process as described in par. (a) 1. to 3.: 1. Materials used in a manner constituting disposal or used to produce products that are applied to the land.2. Materials burned for energy recovery, used to produce a fuel, or contained in fuels.3. Materials accumulated speculatively.4. Materials listed in sub. (4) (a) and (b).(6) A respondent in an action to enforce ch. 291, Stats., and chs. NR 660 to 667 who raises a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, the respondent shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste, or is exempt from regulation. In addition, an owner or operator of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment to do so.(7) A hazardous secondary material found to be sham recycled is considered discarded and a solid waste. "Sham recycling" means recycling that is not legitimate recycling as defined in s. NR 660.43.Wis. Admin. Code Department of Natural Resources NR 661.0002
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (4) (b) 2., (c) 1. b. made under s. 13.92(4) (b) 7, Stats., Register March 2013 No. 687.Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (intro.), (3) (intro.), (Table 1), (4) (b) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020