Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter A - General › Section NR 665.0001 - Purpose, scope and applicability

Current through June 24, 2024
(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.