NR 662.233
NR 662.233
Petition to manage one additional episodic event per calendar year. NR 662.233(1)(1)
A generator may petition the department for a second episodic event in a calendar year without impacting its generator category under the following conditions:
NR 662.233(1)(a)
(a) If a very small quantity generator or small quantity generator has already held a planned episodic event in a calendar year, the generator may petition the department for an additional unplanned episodic event in that calendar year within 72 hours of the unplanned event.
NR 662.233(1)(b)
(b) If a very small quantity generator or small quantity generator has already had an unplanned episodic event in a calendar year, the generator may petition the department for an additional planned episodic event in that calendar year.
NR 662.233(2)
(2) The petition shall include all of the following:
NR 662.233(2)(a)
(a) The reason an additional episodic event is needed and the nature of the episodic event.
NR 662.233(2)(b)
(b) The estimated amount of hazardous waste to be managed from the event.
NR 662.233(2)(d)
(d) The estimated length of time needed to complete management of the hazardous waste generated from the episodic event, not to exceed 60 days.
NR 662.233(2)(e)
(e) Information regarding the previous episodic event managed by the generator, including the nature of the event, whether it was a planned or unplanned event, and how the generator complied with the conditions.
NR 662.233(3)
(3) The petition shall be made to the department in writing, either on paper or electronically. The department shall have the discretion to grant or deny any such petition.
NR 662.233(4)
(4) The generator shall retain written approval in its records for 3 years from the date the episodic event ended.
NR 662.233 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
subch. M of ch. NR 662
Subchapter M — Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators
NR 662.250
NR 662.250
Applicability. The regulations of this subchapter apply to those areas of a large quantity generator where hazardous waste is generated or accumulated on-site.
NR 662.250 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.251
NR 662.251
Maintenance and operation of facility. A large quantity generator shall maintain and operate its facility to minimize the possibility of 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.
NR 662.251 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.252
NR 662.252
Required equipment. All areas to which this subchapter applies shall be equipped with all of the items in subs.
(1) to
(4). A facility may demonstrate that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual hazardous waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below. A large quantity generator may determine the most appropriate locations within its facility to locate equipment necessary to prepare for and respond to emergencies. Required equipment includes all of the following:
NR 662.252(1)
(1) An internal communications or alarm system capable of providing immediate emergency instruction, voice or signal, to facility personnel.
NR 662.252(2)
(2) A device, such as a telephone, immediately available at the scene of operations, or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams.
NR 662.252(3)
(3) Portable fire extinguishers, spill control equipment, decontamination equipment, and fire control equipment including special extinguishing equipment, such as those that use foam, inert gas, or dry chemicals.
NR 662.252(4)
(4) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
NR 662.252 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.253
NR 662.253
Testing and maintenance of equipment. All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment shall be tested and maintained as necessary to assure its proper operation in time of emergency.
NR 662.253 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.254
NR 662.254
Access to communications or alarm system. NR 662.254(1)(1)
Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate, direct, and unimpeded access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under s.
NR 662.252.
NR 662.254(2)
(2) In the event there is just one employee on the premises while the facility is operating, the employee shall have immediate, direct, and unimpeded access to a device, such as a telephone, immediately available at the scene of operation, or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under s.
NR 662.252.
NR 662.254 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.255
NR 662.255
Required aisle space. The large quantity generator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
NR 662.255 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.256
NR 662.256
Arrangements with local authorities. NR 662.256(1)(1)
The large quantity generator shall attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the local emergency planning committee if it is determined to be the appropriate organization with which to make arrangements. A large quantity generator shall attempt to make arrangements by taking all of the following actions:
NR 662.256(1)(a)
(a) A large quantity generator attempting to make arrangements with its local fire department shall determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals.
NR 662.256(1)(b)
(b) As part of this coordination, the large quantity generator shall attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of the hazardous waste handled at the facility and associated hazards, places where personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the facility.
NR 662.256(1)(c)
(c) Where more than one police or fire department might respond to an emergency, the large quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority.
NR 662.256(2)
(2) The large quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation shall include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.
NR 662.256(3)
(3) A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction over the fire code within the facility's state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record.
NR 662.256 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.260
NR 662.260 Purpose and implementation of contingency plan. NR 662.260(1)(1)
A large quantity generator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.
NR 662.260(2)
(2) The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents that could threaten human health or the environment.
NR 662.260 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.261
NR 662.261
Content of contingency plan. NR 662.261(1)(1)
The contingency plan shall describe the actions facility personnel shall take to comply with ss.
NR 662.260 and
662.265 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.
NR 662.261(2)
(2) If the generator has already prepared a spill prevention, control, and countermeasures or SPCC plan in accordance with
40 CFR part 112, or some other emergency or contingency plan, it need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the standards of this chapter. The generator may develop one contingency plan that meets all regulatory standards. The department recommends that the plan be based on the national response team's integrated contingency plan guidance or the “One Plan.”
NR 662.261(3)
(3) The plan shall describe arrangements agreed to with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, local hospitals or, if applicable, the local emergency planning committee, according to s.
NR 662.256.
NR 662.261(4)
(4) The plan shall list names and emergency telephone numbers of all persons qualified to act as emergency coordinator under s.
NR 662.264, and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. In situations where the generator facility has an emergency coordinator continuously on duty because it operates 24 hours per day, every day of the year, the plan may list the staffed position, such as operations manager, shift coordinator, and shift operations supervisor, as well as an emergency telephone number that can be guaranteed to be answered at all times.
NR 662.261(5)
(5) The plan shall include a list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, internal and external communications and internal and external alarm systems, and decontamination equipment, where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.
NR 662.261(6)
(6) The plan shall include an evacuation plan for generator personnel where there is a possibility that evacuation could be necessary. This plan shall describe the signal to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary evacuation routes could be blocked by releases of hazardous waste or fires.
NR 662.261 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.262
NR 662.262
Copies of contingency plan. A copy of the contingency plan and all revisions to the plan shall be maintained at the large quantity generator. The contingency plan is also subject to the following requirements:
NR 662.262(1)
(1) The large quantity generator shall submit a copy of the contingency plan and all revisions to all local emergency responders, such as police departments, fire departments, hospitals and state and local emergency response teams that may be called upon to provide emergency services. This document may also be submitted to the local emergency planning committee, as appropriate.
NR 662.262(2)
(2) A large quantity generator that first becomes subject to these provisions after May 30, 2017 or a large quantity generator that is otherwise amending its contingency plan shall at that time submit a quick reference guide of the contingency plan to the local emergency responders identified under sub.
(1) or, as appropriate, the local emergency planning committee. The quick reference guide shall include all of the following elements:
NR 662.262(2)(a)
(a) The types and names of hazardous wastes in layman's terms and the hazard associated with each hazardous waste present at any one time, such as toxic paint wastes, spent ignitable solvent, or corrosive acid.
NR 662.262(2)(b)
(b) The estimated maximum amount of each hazardous waste that may be present at any one time.
NR 662.262(2)(c)
(c) The identification of any hazardous wastes for which exposure would require unique or special treatment by medical or hospital staff.
NR 662.262(2)(d)
(d) A map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these wastes.
NR 662.262(2)(e)
(e) A street map of the facility in relation to surrounding businesses, schools and residential areas to understand how best to get to the facility and also evacuate citizens and workers.
NR 662.262(2)(f)
(f) The locations of water supply, such as a fire hydrant and its flow rate.
NR 662.262(2)(g)
(g) The identification of on-site notification systems, such as a fire alarm that rings off-site, or smoke alarms.
NR 662.262(2)(h)
(h) The name of the emergency coordinator
, defined under s.
NR 662.264, and 7-day, 24-hour emergency telephone number or, in the case of a facility where an emergency coordinator is continuously on duty, the emergency telephone number for the emergency coordinator.
NR 662.262(3)
(3) A generator shall update its quick reference guides, if necessary, whenever the contingency plan is amended and shall submit these documents to the local emergency responders identified in sub.
(1) or, as appropriate, the local emergency planning committee.
NR 662.262 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.263
NR 662.263
Amendment of contingency plan. The contingency plan shall be reviewed and, if necessary, immediately amended whenever the following occurs:
NR 662.263(3)
(3) The generator facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency.
NR 662.263 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.264
NR 662.264
Emergency coordinator. At all times, there shall be at least one employee either on the generator's premises or on call and available to respond to an emergency by reaching the facility within a short period of time with the responsibility for coordinating all emergency response measures and implementing the necessary emergency procedures specified in s.
NR 662.265. Although responsibilities may vary depending on factors such as type and variety of hazardous wastes handled by the facility, as well as type and complexity of the facility, this emergency coordinator shall be thoroughly familiar with all aspects of the generator's contingency plan, all operations and activities at the facility, the location and characteristics of hazardous waste handled, the location of all records within the facility, and the facility's layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
NR 662.264 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. NR 662.265(1)(1)
Whenever there is an imminent or actual emergency situation, the emergency coordinator, or a designee when the emergency coordinator is on call, shall immediately do all of the following:
NR 662.265(1)(a)
(a) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.
NR 662.265(1)(b)
(b) Notify appropriate state or local agencies with designated response roles if their help is needed.
NR 662.265(2)
(2) Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of the facility records or manifests and, if necessary, by chemical analysis.
NR 662.265(3)
(3) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion, such as the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions.
NR 662.265(4)
(4) If the emergency coordinator determines that the facility has had a release, fire, or explosion that could threaten human health or the environment outside the facility, the emergency coordinator shall report the findings as follows:
NR 662.265(4)(a)
(a) If the assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.
NR 662.265(4)(b)
(b) The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the national response center using their 24-hour toll free number 800-424-8802. The report shall include all of the following:
NR 662.265(4)(b)6.
6. The possible hazards to human health or the environment outside the facility.
