Section NR 664.0001 - Purpose, scope and applicability(1) The purpose of this chapter is to establish minimum state standards which define the acceptable management of hazardous waste.(2) The standards in this chapter apply to owners and operators of all facilities which treat, store or dispose of hazardous waste, except as specifically provided otherwise in this chapter or ch. NR 661.(3) The requirements of this chapter apply to 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. Title 33 USC 1401 to 1445 is also known as the ocean dumping portion of the federal marine protection, research and sanctuaries act.
(4) The requirements of this chapter apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an underground injection control (UIC) program approved or promulgated under 42 USC 300f to 300j-26 only to the extent they are required by 40 CFR 144.14. Note: This chapter does apply to the above ground treatment or storage of hazardous waste before it is injected underground. Title 42 USC 300f to 300j-26 is also known as the federal safe drinking water act.
(5) The requirements of this chapter do not apply to the owner or operator of a POTW who treats, stores or disposes of hazardous waste in compliance with s. NR 670.001(3) (b) 9.(7) The requirements of this chapter do not apply to any of the following: (a) The owner or operator of a facility licensed or registered by the department to manage 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.
(b) 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.(c) A generator accumulating waste on-site in compliance with s. NR 662.014, 662.015, 662.016, or 662.017, or treating waste in containers or tanks, provided the requirements under s. NR 662.014, 662.016, or 662.017 are met.(d) A farmer disposing of waste pesticides from the farmer's own use in compliance with s. NR 662.070.(e) The owner or operator of a totally enclosed treatment facility, as defined in s. NR 660.10.(f) 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 664.0017(2).(h)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 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 official 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.(i) 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.(j) The addition of absorbent material to waste in a container (as defined in s. NR 660.10) or the addition of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and ss. NR 664.0017(2), 664.0171 and 664.0172 are complied with.(k) 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.(m) A reverse distributor 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.(8) The requirements of this chapter apply to owners or operators of all facilities which treat, store or dispose of hazardous wastes referred to in ch. NR 668.(9) 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.(10) The requirements of subchs. B, C and D and s. NR 664.0101 do not apply to remediation waste management sites. (However, some remediation waste management sites may be a part of a facility that is subject to a license issued under s. 291.25, Stats., and ch. NR 670 because the facility is also treating, storing or disposing of hazardous wastes that are not remediation wastes. In these cases, subchs. B, C and D, and s. NR 664.0101 do apply to the facility subject to the license.) Instead of meeting the requirements of subchs. B, C and D, owners or operators of remediation waste management sites shall do all of the following: (a) Obtain an EPA identification number as specified in s. NR 660.07.(b) Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed at the site. At a minimum, the analysis shall contain all of the information which must be known to treat, store or dispose of the waste according to this chapter and ch. NR 668, and shall be kept accurate and up to date.(c) Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the department all of the following: 1. Physical contact with the waste, structures or equipment within the active portion of the remediation waste management site will not injure people or livestock who may enter the active portion of the remediation waste management site.2. Disturbance of the waste or equipment by people or livestock, who enter onto the active portion of the remediation waste management site, will not cause a violation of the requirements of this chapter.(d) Inspect the remediation waste management site for malfunctions, deterioration, operator errors and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and shall remedy the problem before it leads to a human health or environmental hazard. Where a hazard is imminent or has already occurred, the owner or operator shall take remedial action immediately.(e) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of this chapter, and on how to respond effectively to emergencies.(f) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive and incompatible waste.(g) For remediation waste management sites regulated under subchs. I to O and X, design, construct, operate and maintain a unit within a 100-year floodplain to prevent washout of any hazardous waste by a 100-year flood, unless the owner or operator can meet the demonstration of s. NR 664.0018(2).(h) Not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave.(i) Develop and maintain a construction quality assurance program for all surface impoundments, waste piles and landfill units that are required to comply with ss. NR 664.0221(3) and (4), 664.0251(3) and (4) and 664.0301(3) and (4) at the remediation waste management site, according to the requirements of s. NR 664.0019.(j) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures shall address proper design, construction, maintenance and operation of remediation waste management units at the site. The goal of the plan shall be to minimize the possibility of, and the hazards from a fire, explosion or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water that could threaten human health or the environment. The plan shall explain specifically how to treat, store and dispose of the hazardous remediation waste in question, and shall be implemented immediately whenever a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment occurs.(k) Designate at least one employee, either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan. (l) Develop, maintain and implement a plan to meet the requirements in pars. (b) to (f), (i) and (j).(m) Maintain records documenting compliance with pars. (a) to (L).Wis. Admin. Code Department of Natural Resources NR 664.0001
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (7) (k) 3. Register July 2017 No. 739, eff. 8-1-17.Amended by, CR 19-082: am. (7) (b), (c), cr. (7) (m) Register August 2020 No 776, eff. 9-1-20; correction in (7) (b) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020Amended by, correction in (2) made under s. 13.92(4) (b) 7, Stats., Register April 2021 No. 784, eff. 5/1/2021