Chapter NR 663

NR 663.13 NR 663.13 Hazardous waste transportation licenses.

NR 663.13(1) (1) 

NR 663.13(1)(a) (a) An application for a hazardous waste transportation license shall be submitted on forms supplied by the department and shall be accompanied by the fee specified in ch. NR 670 Appendix II.

NR 663.13 Note Note: These forms may be obtained from the department by E-mail: [e-mail] or phone: [phone].

NR 663.13(1)(b) (b) Each location at which a person transporting hazardous waste bases transport vehicles shall be licensed as a separate transportation service. An application form and fee for each transportation service shall be submitted to the regional office of the department in the region where the transportation service is located. A person who transports hazardous waste into or through Wisconsin, but whose operation is based out–of–state, shall submit an application form and fee for a transportation license in the region where the hazardous waste transportation activity is concentrated.

NR 663.13(1)(c) (c) The department shall notify the applicant that the application for a hazardous waste transportation license has been approved or denied within 65 business days after the application is received by the department.

NR 663.13(1)(d) (d) The owner or operator of a transportation service who has been issued a license shall renew the license annually by submitting both of the following to the department:

NR 663.13(1)(d)1. 1. A completed license renewal form, by the date specified on the renewal form.

NR 663.13(1)(d)2. 2. The fee listed on the environmental fee statement, by the date specified on the fee statement.

NR 663.13(1)(e) (e) The owner or operator of a transportation service who fails to renew the license according to par. (d) shall pay a late processing fee of $150 in addition to the license fee.

NR 663.13(1)(f) (f) The license application shall be signed by the owner of the transportation service. If the transportation service is owned by one person and operated by another, both the owner or operator shall sign the application.

NR 663.13(1)(g) (g) If the department fails to approve or deny an application for issuance or renewal of a hazardous waste transportation license within 65 business days after a complete application is received by the department or by the date of expiration of the current license, whichever occurs later, the department shall refund the fees paid by the applicant for the transportation license.

NR 663.13(1)(h) (h) If there is a change in the ownership of the transportation service, the new owner or operator shall reapply for a license by submitting the license application form required by par. (a).

NR 663.13 Note Note: The department will mail the annual license renewal form and environmental fee statement to the owners or operators of licensed transportation facilities.

NR 663.13 Note Note: The license application is considered to be complete when the environmental fee and the completed and signed license application or renewal form are received by the department.

NR 663.13 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

subch. B of ch. NR 663 Subchapter B — Compliance with the Manifest System and Recordkeeping

NR 663.20 NR 663.20 The manifest system.

NR 663.20(1) (1) 

NR 663.20(1)(a) (a) Manifest requirements. A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest form, EPA form 8700-22, and if necessary, EPA form 8700-22A, signed in accordance with the requirements of s. NR 662.023, or is provided with an electronic manifest that is obtained, completed, and transmitted in accordance with s. NR 662.020 (1) (c) and signed with a valid and enforceable electronic signature as described in s. NR 662.025.

NR 663.20(1)(b) (b) Exports. For exports of hazardous waste subject to the requirements under subch. H of ch. NR 662, a transporter may not accept hazardous waste without a manifest signed by the generator in accordance with this section, as appropriate, and for exports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required under s. NR 662.083 (4).

NR 663.20(1)(c) (c) Compliance date for form revisions. The revised manifest form and procedures specified in ss. NR 661.0007, 660.10, 663.20, and 663.21 had an effective date of September 5, 2006. The manifest form and procedures in ss. NR 661.0007, 660.10, 663.20, and 663.21, contained in the chs. NR 660 to 665 edition revised as of July 1, 2004, were applicable until September 5, 2006.

NR 663.20(1)(d) (d) Use of electronic manifest — legal equivalence to paper forms for participating transporters. An electronic manifest that is 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, is the legal equivalent of a paper manifest form bearing handwritten signatures, and satisfies for all purposes any requirement to obtain, complete, sign, carry, provide, give, use, or retain a manifest.

NR 663.20(1)(d)1. 1. Any requirement 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 (1).

NR 663.20(1)(d)2. 2. Any requirement to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person by submission to the electronic manifest system.

NR 663.20(1)(d)3. 3. Any requirement of a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment, except that to the extent that the hazardous materials regulation on shipping papers for carriage by public highway requires transporters of hazardous materials to carry a paper document to comply with 49 CFR 177.817, a hazardous waste transporter shall carry one printed copy of the electronic manifest on the transport vehicle.

NR 663.20(1)(d)4. 4. Any requirement for a transporter to keep or retain a copy of a manifest is satisfied by the retention of an electronic manifest in the transporter’s account on the e-manifest system, provided that the copies are readily available for viewing and production if requested by the department.

NR 663.20(1)(d)5. 5. No transporter may be held liable for the inability to produce an electronic manifest for inspection under this section if that transporter can demonstrate that the inability to produce the electronic manifest is exclusively due to a technical difficulty with the EPA system for which the transporter bears no responsibility.

NR 663.20(1)(e) (e) Accessing the electronic manifest system. A transporter may participate in the electronic manifest system either by accessing the electronic manifest system from the transporter’s own electronic equipment, or by accessing the electronic manifest system from the equipment provided by a participating generator, by another transporter, or by a designated facility.

NR 663.20(1)(f) (f) Special procedures when electronic manifest is not available. If, after a manifest has been originated electronically and signed electronically by the initial transporter, the electronic manifest system becomes unavailable for any reason, then all of the following requirements shall be met:

NR 663.20(1)(f)1. 1. The transporter in possession of the hazardous waste when the electronic manifest becomes unavailable shall reproduce sufficient copies of the printed manifest that is carried on the transport vehicle under par. (d) 3., or obtain and complete another paper manifest for this purpose. The transporter shall reproduce sufficient copies to provide the transporter and all subsequent waste handlers with a copy for their files, plus 2 additional copies that will be delivered to the designated facility with the hazardous waste.

NR 663.20(1)(f)2. 2. On each printed copy, the transporter shall include a notation in the special handling and additional description space, item 14, that the paper manifest is a replacement manifest for a manifest originated in the electronic manifest system. The transporter shall include, if not pre-printed on the replacement manifest, the manifest tracking number of the electronic manifest that is replaced by the paper manifest, and shall also include a brief explanation why the electronic manifest was not available for completing the tracking of the shipment electronically.

NR 663.20(1)(f)3. 3. A transporter signing a replacement manifest to acknowledge receipt of the hazardous waste shall ensure that each paper copy is individually signed and that a legible handwritten signature appears on each copy.

NR 663.20(1)(f)4. 4. From the point at which the electronic manifest is no longer available for tracking the waste shipment, the paper replacement manifest copies shall be carried, signed, retained as records, and given to a subsequent transporter or to the designated facility, following the instructions, procedures, and requirements that apply to the use of all other paper manifests.

NR 663.20(1)(g) (g) Special procedures for electronic signature methods undergoing tests. If a transporter using an electronic manifest 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 transporter shall sign the electronic manifest electronically and also sign with an ink signature the transporter acknowledgement of receipt of materials on the printed copy of the manifest that is carried on the vehicle in accordance with par. (d) 3. This printed copy bearing the generator’s and transporter’s ink signatures shall also be presented by the transporter to the designated facility to sign in ink to indicate the receipt of the waste materials or to indicate discrepancies. After the owner or operator of the designated facility has signed this printed manifest copy with its ink signature, the printed manifest copy shall be delivered to the designated facility with the waste materials.

NR 663.20(1)(i) (i) 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, for example the waste handler, named on the manifest. A transporter may participate electronically in the post-receipt data corrections process by following the process described in s. NR 664.0071 (12), which applies to corrections made to either paper or electronic manifest records.

NR 663.20(2) (2) Before transporting the hazardous waste, the transporter shall sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter shall return a signed copy to the generator before leaving the generator’s property.

NR 663.20(3) (3) The transporter shall ensure that the manifest accompanies the hazardous waste. In the case of exports occurring under the terms of a consent issued by EPA to the exporter on or after December 31, 2016, the transporter shall ensure that a movement document that includes all information required under s. NR 662.083 (4) also accompanies the hazardous waste. In the case of imports occurring under the terms of a consent issued by EPA to the country of export or the importer on or after December 31, 2016, the transporter shall ensure that a movement document that includes all information required under s. NR 662.084 (4) also accompanies the hazardous waste.

NR 663.20(4) (4) A transporter who delivers a hazardous waste to another transporter or to the designated facility shall do all of the following:

NR 663.20(4)(a) (a) Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest.

NR 663.20(4)(b) (b) Retain one copy of the manifest in accordance with s. NR 663.22.

NR 663.20(4)(c) (c) Give the remaining copies of the manifest to the accepting transporter or designated facility.

NR 663.20(5) (5) The requirements of subs. (3), (4) and (6) do not apply to water (bulk shipment) transporters if all of the following conditions are met:

NR 663.20(5)(a) (a) The hazardous waste is delivered by water (bulk shipment) to the designated facility.

NR 663.20(5)(b) (b) A shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required under s. NR 662.083 (4) or 662.084 (4) accompanies the hazardous waste.

NR 663.20(5)(c) (c) The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper.

NR 663.20(5)(d) (d) The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility.

NR 663.20(5)(e) (e) Each water (bulk shipment) transporter retains a copy of the shipping paper or manifest in accordance with s. NR 663.22.

NR 663.20(6) (6) For shipments involving rail transportation, the requirements of subs. (3), (4) and (5) do not apply and all of the following requirements do apply:

NR 663.20(6)(a) (a) When accepting hazardous waste from a non-rail transporter, the initial rail transporter shall do all of the following:

NR 663.20(6)(a)1. 1. Sign and date the manifest acknowledging acceptance of the hazardous waste.

NR 663.20(6)(a)2. 2. Return a signed copy of the manifest to the non-rail transporter.

NR 663.20(6)(a)3. 3. Forward at least 3 copies of the manifest to one of the following:

NR 663.20(6)(a)3.a. a. The next non-rail transporter, if any.

NR 663.20(6)(a)3.b. b. The designated facility, if the shipment is delivered to that facility by rail.

NR 663.20(6)(a)3.c. c. The last rail transporter designated to handle the waste in the United States.

NR 663.20(6)(a)4. 4. Retain one copy of the manifest and rail shipping paper in accordance with s. NR 663.22.

NR 663.20(6)(b) (b) Rail transporters shall ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required under s. NR 662.083 (4) or 662.084 (4) accompanies the hazardous waste at all times.

NR 663.20 Note Note: Intermediate rail transporters are not required to sign either the manifest, moving document, or shipping paper.

NR 663.20(6)(c) (c) When delivering hazardous waste to the designated facility, a rail transporter shall do all of the following:

NR 663.20(6)(c)1. 1. Obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility).

NR 663.20(6)(c)2. 2. Retain a copy of the manifest or signed shipping paper in accordance with s. NR 663.22.

NR 663.20(6)(d) (d) When delivering hazardous waste to a non-rail transporter a rail transporter shall do all of the following:

NR 663.20(6)(d)1. 1. Obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest.

NR 663.20(6)(d)2. 2. Retain a copy of the manifest in accordance with s. NR 663.22.

NR 663.20(6)(e) (e) Before accepting hazardous waste from a rail transporter, a non-rail transporter shall sign and date the manifest and provide a copy to the rail transporter.

NR 663.20(7) (7) Transporters who transport hazardous waste out of the United States shall do all of the following:

NR 663.20(7)(a) (a) Sign and date the manifest in the international shipments block to indicate the date that the shipment left the United States.

NR 663.20(7)(b) (b) Retain one copy in accordance with s. NR 663.22 (4).

NR 663.20(7)(c) (c) Return a signed copy of the manifest to the generator.

NR 663.20(7)(d) (d) For paper manifests only, do all of the following:

NR 663.20(7)(d)1. 1. Send a copy of the manifest to the e-manifest system in accordance with the allowable methods specified in s. NR 664.0071 (1) (b) 5.

NR 663.20(7)(d)2. 2. For shipments initiated prior to the AES filing compliance date, when instructed by the exporter to do so, give a copy of the manifest to a U.S. customs official at the point of departure from the United States.

NR 663.20(8) (8) A transporter transporting hazardous waste from a small quantity generator need not comply with the requirements of this section or those of s. NR 663.22 provided that all of the following conditions are met:

NR 663.20(8)(a) (a) The waste is being transported pursuant to a reclamation agreement as provided for in s. NR 662.020 (5).

NR 663.20(8)(b) (b) The transporter records, on a log or shipping paper, all of the following information for each shipment:

NR 663.20(8)(b)1. 1. The name, address and U.S. EPA identification number of the generator of the waste.

NR 663.20(8)(b)2. 2. The quantity of waste accepted.

NR 663.20(8)(b)3. 3. All department of transportation required shipping information.

NR 663.20(8)(b)4. 4. The date the waste is accepted.

NR 663.20(8)(c) (c) The transporter carries this record when transporting waste to the reclamation facility.

NR 663.20(8)(d) (d) The transporter retains these records for a period of at least 3 years after termination or expiration of the agreement.

NR 663.20 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: am. (1), (7) (a) and (b) Register March 2007 No. 615, eff. 4-1-07; CR 19-082: r. and recr. (1) (a), (b), cr. (1) (c) to (g), (i), r. and recr. (3), am. (5) (b), (6) (b), r. and recr. (7) (d) Register August 2020 No. 776, eff. 9-1-20; correction in (1) (a), (c) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (8) (a) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 663.21 NR 663.21 Compliance with the manifest.

NR 663.21(1) (1) Except as provided in sub. (2), the transporter shall deliver the entire quantity of hazardous waste that the transporter has accepted from a generator or a transporter to one of the following:

NR 663.21(1)(a) (a) The designated facility listed on the manifest.

NR 663.21(1)(b) (b) The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery.

NR 663.21(1)(c) (c) The next designated transporter.

NR 663.21(1)(d) (d) The place outside the United States designated by the generator.