Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter B - Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste › Section NR 661.0011 - Criteria for listing hazardous waste

Current through June 24, 2024
(1) The department
				  shall list a solid waste as a hazardous waste only upon determining that the
				  solid waste meets one of the following criteria:
(a) It exhibits any of the characteristics of
				  hazardous waste identified in subch. C.
(b) It has been found to be fatal to humans
				  in low doses or, in the absence of data on human toxicity, it has been shown in
				  studies to have an oral LD 50 toxicity measured in rats of less than 50
				  milligrams per kilogram, an inhalation LC 50 toxicity measured in rats of less
				  than 2 milligrams per liter, or a dermal LD 50 toxicity in rabbits of less than
				  200 milligrams per kilogram or is otherwise capable of causing or significantly
				  contributing to an increase in serious irreversible, or incapacitating
				  reversible, illness. Waste listed in accordance with these criteria will be
				  designated acute hazardous waste.
(c) It contains any of the toxic constituents
				  listed in ch. NR 661 Appendix VIII and, after considering the following
				  factors, the department concludes that the waste is capable of posing a
				  substantial present or potential hazard to human health or the environment when
				  improperly treated, stored, transported or disposed of, or otherwise managed:
1. The nature of the toxicity presented by
				  the constituent.
2. The
				  concentration of the constituent in the waste.
3. The potential of the constituent or any
				  toxic degradation product of the constituent to migrate from the waste into the
				  environment under the types of improper management considered in subd.
				  7.
4. The persistence of the
				  constituent or any toxic degradation product of the constituent.
5. The potential for the constituent or any
				  toxic degradation product of the constituent to degrade into non-harmful
				  constituents and the rate of degradation.
6. The degree to which the constituent or any
				  degradation product of the constituent bioaccumulates in ecosystems.
7. The plausible types of improper management
				  to which the waste could be subjected.
8. The quantities of the waste generated at
				  individual generation sites or on a regional or national basis.
9. The nature and severity of the human
				  health and environmental damage that has occurred as a result of the improper
				  management of wastes containing the constituent.
10. Action taken by other governmental
				  agencies or regulatory programs based on the health or environmental hazard
				  posed by the waste or waste constituent.
11. Such other factors as may be appropriate.
				  Substances will be listed under ch. NR 661 Appendix VIII only if they have been
				  shown in scientific studies to have toxic, carcinogenic, mutagenic or
				  teratogenic effects on humans or other life forms. Wastes listed in accordance
				  with these criteria will be designated toxic wastes.