Section NR 661.0007 - Residues of hazardous waste in empty containers(1)(a) Any hazardous waste remaining in either an empty container or an inner liner removed from an empty container, as defined in sub. (2), is not subject to regulation under chs. NR 661 to 670, or to the notification requirements under s. NR 660.07.(b) Any hazardous waste in either a container that is not empty or an inner liner removed from a container that is not empty, as defined in sub. (2), is subject to regulation under chs. NR 661 to 670 and to the notification requirements under s. NR 670.007.(2)(a) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in s. NR 661.0031 or 661.0033(5), is empty if subd. 1. is met and either subds. 2. or 3. are met: 1. All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, such as pouring, pumping, and aspirating.2. No more than 2.5 centimeters, or one inch, of residue remain on the bottom of the container or inner liner.3. One of the following: a. No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size.b. No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size.(b) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric pressure.(c) A container or an inner liner removed from a container that has held an acute hazardous waste listed in s. NR 661.0031 or 661.0033(5) is empty if any of the following are met: 1. The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate.2. The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal.3. In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.(3) Except as provided under s. NR 666.507(3) and (4), containers of hazardous waste pharmaceuticals are subject to s. NR 666.507 for determining when they are considered empty, in lieu of this section.Wis. Admin. Code Department of Natural Resources NR 661.0007
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: am. (2) (a) 3. a. and b. Register March 2007 No. 615, eff. 4-1-07.Amended by, CR 16-007: am. (1) (a) 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 (2) (a) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020Amended by, correction in (1) (b) made under s. 13.92(4) (b) 7, Stats., Register April 2021 No. 784, eff. 5/1/2021