NR 662.023 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.024
NR 662.024 Use of the electronic manifest. NR 662.024(1)(1)
Legal equivalence to paper manifests. Electronic manifests that are obtained, completed, and transmitted in accordance with s.
NR 662.020 (1) (c), and used in accordance with this section in lieu of EPA Forms 8700-22 and 8700-22A are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign, provide, use, or retain a manifest.
NR 662.024(1)(a)
(a) Any requirement in these regulations to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning specified in
40 CFR 262.25 and s.
NR 662.025.
NR 662.024(1)(b)
(b) Any requirement in these regulations to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when an electronic manifest is transmitted to the other person by submission to the system.
NR 662.024(1)(c)
(c) Any requirement in these regulations for a generator to keep or retain a copy of each manifest is satisfied by retention of a signed electronic manifest in the generator's account on the national e-manifest system, provided that the copies are readily available for viewing and production if requested by the department.
NR 662.024(1)(d)
(d) A generator is not in violation of s.
NR 662.040 (1) for the inability to produce an electronic manifest for inspection under this section if the generator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the generator bears no responsibility.
NR 662.024(2)
(2)
Participation in the electronic manifest system. A generator may participate in the electronic manifest system either by accessing the electronic manifest system from its own electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the generator's site by the transporter who accepts the hazardous waste shipment from the generator for off-site transportation.
NR 662.024(3)
(3)
Restriction on use of electronic manifests. A generator may use an electronic manifest for the tracking of waste shipments involving any RCRA hazardous waste only if it is known at the time the manifest is originated that all waste handlers named on the manifest participate in the use of the electronic manifest, except that:
NR 662.024(3)(a)
(a) A generator may sign by hand and retain a paper copy of the manifest signed by hand by the initial transporter, in lieu of executing the generator copy electronically, thereby enabling the transporter and subsequent waste handlers to execute the remainder of the manifest copies electronically.
NR 662.024(4)
(4)
Requirement for one printed copy. To the extent the hazardous materials regulation on shipping papers for carriage by public highway requires shippers of hazardous materials to supply a paper document for compliance with
49 CFR 177.817, a generator originating an electronic manifest shall also provide the initial transporter with one printed copy of the electronic manifest.
NR 662.024(5)
(5)
Special procedures when electronic manifest is unavailable. If a generator has prepared an electronic manifest for a hazardous waste shipment, but the electronic manifest system becomes unavailable for any reason prior to the time that the initial transporter has signed electronically to acknowledge the receipt of the hazardous waste from the generator, then the generator must obtain and complete a paper manifest and if necessary, a continuation sheet, EPA Forms 8700-22 and 8700-22A, in accordance with the manifest instructions, and use these paper forms from this point forward in accordance with the requirements specified in s.
NR 662.023.
NR 662.024(6)
(6)
Special procedures for electronic signature methods undergoing tests. If a generator has prepared an electronic manifest for a hazardous waste shipment, and signs this manifest electronically using an electronic signature method that is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the generator shall also sign with an ink signature the generator/offeror certification on the printed copy of the manifest provided under sub.
(4).
NR 662.024(8)
(8)
Post-receipt manifest data corrections. After a facility has certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person named on the manifest. A generator may participate electronically in the post-receipt data corrections process by following the process described in s.
NR 664.0071 (9), which applies to corrections made to either paper or electronic manifest records.
NR 662.024 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.025
NR 662.025 Electronic manifest signatures. Electronic signature methods for the e-manifest system shall meet all of the following requirements:
NR 662.025(1)
(1) Be a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures.
NR 662.025(2)
(2) Be a method that is designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest.
NR 662.025 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.027
NR 662.027
Waste minimization certification. A generator that initiates a shipment of hazardous waste shall certify in Item 15 of the uniform hazardous waste manifest to one of the following statements:
NR 662.027(1)
(1) “
I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment.”
NR 662.027(2)
(2) “
I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.”
NR 662.027 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
subch. C of ch. NR 662
Subchapter C — Pre-Transport Requirements Applicable to Small and Large Quantity Generators
NR 662.030
NR 662.030 Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall package the waste in accordance with the applicable department of transportation regulations on packaging under
49 CFR parts 173,
178, and
179.
NR 662.030 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.031
NR 662.031 Labeling. Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable department of transportation regulations on hazardous materials under
49 CFR part 172.
NR 662.031 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20; correction made under s.
35.17, Stats.,
Register August 2020 No. 776.
NR 662.032(1)(1)
Before transporting or offering hazardous waste for transportation off-site, a generator shall mark each package of hazardous waste in accordance with the applicable department of transportation regulations on hazardous materials under
49 CFR part 172.
NR 662.032(2)
(2) Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall mark each container of 119 gallons or less used in such transportation with the information in accordance with the requirements of
49 CFR 172.304 and all of the following words:
NR 662.032(2)(a)
(a) HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.
NR 662.032(3)
(3) A generator may use a nationally recognized electronic system, such as bar coding, to identify the EPA hazardous waste numbers, as required under sub.
(2) (e) or
(4).
NR 662.032(4)
(4) Lab packs that will be incinerated in compliance with s.
NR 668.42 (3) are not required to be marked with EPA hazardous waste numbers, except D004, D005, D006, D007, D008, D010, and D011, where applicable.
NR 662.032 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20; correction in (1) made under s.
35.17, Stats.,
Register August 2020 No. 776.
NR 662.033
NR 662.033
Placarding. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall placard or offer the initial transporter the appropriate placards according to department of transportation regulations for hazardous materials under
49 CFR part 172, subpart F.
NR 662.033 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.035
NR 662.035
Liquids in landfills prohibition. The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids, whether or not sorbents have been added, in any landfill is prohibited. Prior to disposal in a hazardous waste landfill, liquids shall meet additional requirements as specified in ss.
NR 664.0314 and
664.0315.
NR 662.035 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20;
correction made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. subch. D of ch. NR 662
Subchapter D — Recordkeeping and Reporting Applicable to Small and Large Quantity Generators
NR 662.040(1)(1)
A generator shall keep a copy of each manifest signed in accordance with s.
NR 662.023 (1) for 3 years or until the generator receives a signed copy from the designated facility that received the waste. This signed copy shall be retained as a record for at least 3 years from the date the waste was accepted by the initial transporter.
NR 662.040(2)
(2) A generator shall keep a copy of each annual report and exception report for a period of at least 3 years from the due date of the report.
NR 662.040(3)
(3) A generator shall comply with s.
NR 662.011 (6) for recordkeeping requirements for documenting hazardous waste determinations.
NR 662.040(4)
(4) The periods or retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.
NR 662.040 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.041
NR 662.041
Annual reports for small and large quantity generators. NR 662.041(1)(1)
A generator that is a large quantity generator for at least one month during the calendar year that ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States shall complete and submit an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms and cover generator activities during the previous year. The generator shall use the fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s.
289.67 (2), Stats.
NR 662.041(2)
(2) Any generator that is a large quantity generator for at least one month during the calendar year that treats, stores, or disposes of hazardous waste on-site shall complete and submit an annual report to the department by March 1 of each year in accordance with the provisions under chs.
NR 664,
665,
666,
667 and
670. This requirement also applies to large quantity generators that receive hazardous waste from very small quantity generators according to s.
NR 662.017 (6). The generator shall use the fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s.
289.67 (2), Stats.
NR 662.041(3)
(3) Exports of hazardous waste to foreign countries are not required to be reported on the biennial report form. A separate annual report requirement is set forth under s.
NR 662.083 (7) for hazardous waste exporters.
NR 662.041(4)
(4) A generator that is a small quantity generator for at least one month during the calendar year and is not already subject to subs.
(1) and
(2) and that ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States shall complete and submit an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms and cover generator activities during the previous year. The generator fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s.
289.67 (2), Stats.
NR 662.041(5)
(5) Any generator that is a small quantity generator for at least one month during the calendar year and is not already subject to subs.
(1) and
(2) and that treats, stores, or disposes of hazardous waste on-site shall complete and submit an annual report to the department by March 1 of each year in accordance with the provisions under chs.
NR 664,
665,
666,
667 and
670. The generator fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s.
289.67 (2), Stats.
NR 662.041 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20; correction in (5) made under s.
35.17, Stats.,
Register August 2020 No. 776.
NR 662.042(1)(a)
(a) A large quantity generator that does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter shall contact the transporter or the owner or operator of the designated facility to determine the status of the hazardous waste.
NR 662.042(1)(b)
(b) A large quantity generator shall submit an exception report to the department if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The exception report shall include all of the following:
NR 662.042(1)(b)1.
1. A legible copy of the manifest for which the generator does not have confirmation of delivery.
NR 662.042(1)(b)2.
2. A cover letter signed by the generator or its authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.
NR 662.042(2)
(2) A small quantity generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter shall submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the department.
NR 662.042 Note
Note: The submission to the department need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.
NR 662.042(3)
(3) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest, the generator shall comply with the applicable requirements under sub.
(1) or
(2) for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of sub.
(1) or
(2) for a shipment forwarding such waste to an alternate facility by a designated facility the generator shall do all of the following:
NR 662.042(3)(a)
(a) The copy of the manifest received by the generator shall have the handwritten signature of the owner or operator of the alternate facility in place of the signature of the owner or operator of the designated facility.
NR 662.042(3)(b)
(b) The 35, 45, and 60
-day timeframes begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.
NR 662.042 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20; correction in (3) (intro.) made under s.
35.17, Stats.,
Register August 2020 No. 776.
NR 662.043
NR 662.043
Additional reporting. The department may require a generator to furnish additional reports concerning the quantities and disposition of wastes identified or listed in ch.
NR 661.
NR 662.043 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.044
NR 662.044 Recordkeeping for small quantity generators. A small quantity generator is subject to all of the following independent requirements in this subchapter:
NR 662.044 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20;
correction in (1) to (3) made under s. 35.17, Stats., Register April 2021 No. 784. NR 662.070
NR 662.070
Farmers. A farmer disposing of waste pesticides from the farmer's own use that are hazardous wastes is not required to comply with the standards in this chapter or other standards under chs.
NR 664,
665,
668, or
670 for those wastes provided the farmer triple rinses each emptied pesticide container in accordance with s.
NR 661.0007 (2) (c) and disposes of the pesticide residues on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label.
NR 662.070 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
Subch. H of ch. NR 662 Note
Note: The requirements on which this subchapter is based,
40 CFR part 262, subpart H, are administered and enforced by EPA and not the department because the exercise of foreign relations and international commerce powers is reserved to the federal government under the U.S. Constitution. Wisconsin has adopted these requirements into its rules for the convenience of the regulated community. Wisconsin plays a key role in providing EPA with information on whether Wisconsin facilities designated to receive hazardous waste imports are authorized to manage specific wastes and in ensuring facility compliance with all applicable environmental laws and rules. The
40 CFR part 262, subpart H requirements apply to only those wastes identified or listed under the federal program that are subject to federal manifesting requirements.
NR 662.080(1)(1)
The requirements of this subchapter apply to transboundary movements of hazardous wastes.
NR 662.080(2)
(2) Any person, including exporter, importer, disposal facility operator, or recovery facility operator, who mixes two or more wastes, including hazardous and non-hazardous wastes, or otherwise subjects two or more wastes, including hazardous and non-hazardous wastes, to physical or chemical transformation operations, and thereby creates a new hazardous waste, becomes a generator and assumes all subsequent generator duties under RCRA and any exporter duties, if applicable, under this subchapter.
NR 662.080 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.081
NR 662.081 Definitions. In addition to the definitions under s.
NR 660.10, the following definitions apply to this subchapter:
NR 662.081(1)
(1) “
Competent authority” means the regulatory authority or authorities of concerned countries having jurisdiction over transboundary movements of wastes.
NR 662.081(2)
(2) “
Countries concerned” means the countries of export or import and any countries of transit.
