NR 664.0072(6)
(6) Except as provided in par.
(g), for rejected wastes and residues that must be sent back to the generator, the facility owner or operator shall prepare a new manifest in accordance with s.
NR 662.020 (1) and the following instructions:
NR 664.0072(6)(a)
(a) Write the facility's EPA ID number in Item 1 of the new manifest. Write the facility's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the facility's site address, then write the facility's site address in the designated space for Item 5 of the new manifest
.
NR 664.0072(6)(b)
(b) Write the name of the initial generator and the generator's EPA ID number in the designated facility block (Item 8) of the new manifest.
NR 664.0072(6)(c)
(c) Copy the manifest tracking number found in Item 4 of the old manifest to the special handling and additional information block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
NR 664.0072(6)(d)
(d) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the discrepancy block of the old manifest (Item 18a).
NR 664.0072(6)(e)
(e) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity and volume of waste.
NR 664.0072(6)(f)
(f) Sign the generator's or offeror's certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.
NR 664.0072(6)(g)
(g) For full load rejections that are made while the transporter remains at the facility, the facility owner or operator may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the alternate facility space. The facility owner or operator shall retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility owner or operator shall use a new manifest and comply with pars.
(a) to
(f) and
(h).
NR 664.0072(6)(h)
(h) For full or partial load rejections and container residues contained in non-empty containers that are returned to the generator, the facility shall also comply with the exception reporting requirements specified in s.
NR 662.042 (1).
NR 664.0072(7)
(7) If a facility owner or operator rejects a waste or identifies a container residue that exceeds the quantity limits for empty containers set forth in s.
NR 661.0007 (2) after it has signed, dated and returned a copy of the manifest to the delivering transporter or to the generator, the facility owner or operator shall amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility owner or operator shall also copy the manifest tracking number from Item 4 of the new manifest to the discrepancy space of the amended manifest, and shall re-sign and date the manifest to certify to the information as amended. The facility owner or operator shall retain the amended manifest for at least 3 years from the date of amendment and shall, within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended. Within 45 days, the facility owner or operator shall also send one copy of the amended manifest to the department in an electronic format specified by the department.
NR 664.0072 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: am.
Register March 2007 No. 615, eff. 4-1-07;
CR 16-007: am. (6) (a)
Register July 2017 No. 739, eff. 8-1-17;
CR 18-082: am. (1) (c), (4) (a), (5) (f), (6) (a), (g), cr. (6) (h), am. (7)
Register August 2020 No 776, eff. 9-1-20.
NR 664.0073(1)(1)
The owner or operator shall keep a written operating record at the facility.
NR 664.0073(2)
(2) All of the following information shall be recorded, as it becomes available, and maintained in the operating record for 3 years unless noted as follows:
NR 664.0073(2)(a)
(a) A description and the quantity of each hazardous waste received, and the methods and dates of its treatment, storage or disposal at the facility as required by ch.
NR 664 Appendix I. This information shall be maintained in the operating record until closure of the facility.
NR 664.0073(2)(b)
(b) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste shall be recorded on a map or diagram that shows each cell or disposal area. For all facilities, this information shall include cross-references to manifest document numbers, if the waste was accompanied by a manifest. This information shall be maintained in the operating record until closure of the facility.
NR 664.0073 Note
Note: See s.
NR 664.0119 for related requirements.
NR 664.0073(2)(f)
(f) Maintain in the operating record for 3 years the monitoring, testing or analytical data, and corrective actions where required by subch.
F and ss.
NR 664.0019,
664.0191,
664.0193,
664.0195,
664.0222,
664.0223,
664.0226,
664.0252 to
664.0254,
664.0302 to
664.0304,
664.0309,
664.0347,
664.0602,
664.1034 (3) to
(6),
664.1035,
664.1063 (4) to
(9),
664.1064, and
664.1082 to
664.1090. Records and results pertaining to groundwater monitoring and cleanup shall be maintained in the operating record until closure of the facility.
NR 664.0073(2)(h)
(h) All closure cost estimates under s.
NR 664.0142, and, for disposal facilities, all long-term care cost estimates under s.
NR 664.0144. This information shall be maintained in the operating record until closure of the facility.
NR 664.0073(2)(i)
(i) A certification by the licensee no less often than annually, that the licensee has a program in place to reduce the volume and toxicity of hazardous waste generated at the facility to the degree determined by the licensee to be economically practicable; and the proposed method of treatment, storage or disposal is that practicable method currently available to the licensee which minimizes the present and future threat to human health and the environment.
NR 664.0073(2)(j)
(j) Records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to s.
NR 668.05 or a petition pursuant to s.
NR 668.06, and the applicable notice required by a generator under s.
NR 668.07 (1). This information shall be maintained in the operating record until closure of the facility.
NR 664.0073(2)(k)
(k) For an off-site treatment facility, a copy of the notice required by the generator or the owner or operator under s.
NR 668.07.
NR 664.0073(2)(L)
(L) For an on-site treatment facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator under s.
NR 668.07.
NR 664.0073(2)(m)
(m) For an off-site land disposal facility, a copy of the notice required by the generator or the owner or operator of a treatment facility under s.
NR 668.07.
NR 664.0073(2)(n)
(n) For an on-site land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under s.
NR 668.07, except for the manifest number.
NR 664.0073(2)(o)
(o) For an off-site storage facility, a copy of the notice required by the generator or the owner or operator under s.
NR 668.07.
NR 664.0073(2)(p)
(p) For an on-site storage facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator under s.
NR 668.07.
NR 664.0073(2)(r)
(r) Monitoring, testing or analytical data where required by s.
NR 664.0347 shall be maintained in the operating record for 5 years.
NR 664.0073 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (2) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687;
CR 16-007: am. (2) (intro.), (a), (b), (f), (h), (j), cr. (2) (r), (s)
Register July 2017 No. 739, eff. 8-1-17; correction in (2) (d) made under s.
13.92 (4) (b) 7., Stats.,
Register July 2017 No. 739, eff. 8-1-17.
NR 664.0074
NR 664.0074 Availability, retention and disposition of records. NR 664.0074(1)(1)
All records, including plans, required under this chapter shall be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee or representative of the department.
NR 664.0074(2)
(2) The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the department.
NR 664.0074(3)
(3) A copy of records of waste disposal locations and quantities under s.
NR 664.0073 (2) (b) shall be submitted to the department and local land authority upon closure of the facility.
NR 664.0074 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 664.0075
NR 664.0075 Annual report. The owner or operator shall prepare and submit a single copy of an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms, shall cover facility activities during the previous calendar year and shall, at a minimum, include all of the following:
NR 664.0075(1)
(1) The EPA identification number, name and address of the facility.
NR 664.0075(3)
(3) For off-site facilities, the EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year. For imported shipments, the report shall give the name and address of the foreign generator.
NR 664.0075(4)
(4) A description and the quantity of each hazardous waste the facility received during the year. For off-site facilities, this information shall be listed by EPA identification number of each generator.
NR 664.0075(5)
(5) The method of treatment, storage or disposal for each hazardous waste.
NR 664.0075(8)
(8) For generators who treat, store or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.
NR 664.0075(9)
(9) For generators who treat, store or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent the information is available for the years prior to 1984.
NR 664.0075(10)
(10) The certification signed by the owner or operator of the facility or an authorized representative.
NR 664.0075 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 664.0076(1)(1)
If a facility accepts for treatment, storage or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in s.
NR 663.20 (5), and if the waste is not excluded from the manifest requirement by chs.
NR 660 to
679, then the owner or operator shall prepare and submit a report to the department within 15 days after receiving the waste. The unmanifested waste report shall contain all of the following information:
NR 664.0076(1)(a)
(a) The EPA identification number, name and address of the facility.
NR 664.0076(1)(c)
(c) The EPA identification number, name and address of the generator and the transporter, if available.
NR 664.0076(1)(d)
(d) A description and the quantity of each unmanifested hazardous waste the facility received.
NR 664.0076(1)(e)
(e) The method of treatment, storage or disposal for each hazardous waste.
NR 664.0076(1)(f)
(f) The certification signed by the owner or operator of the facility or an authorized representative.
NR 664.0076(1)(g)
(g) A brief explanation of why the waste was unmanifested, if known.
NR 664.0077
NR 664.0077 Additional reports. In addition to submitting the annual reports and unmanifested waste reports described in ss.
NR 664.0075 and
664.0076, the owner or operator shall also report all of the following to the department:
NR 664.0077 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register July 2017 No. 739, eff. 8-1-17.
NR 664.0090 Note
Note: Groundwater monitoring requirements in chs.
NR 140 and
141 also apply.
NR 664.0090(1)(a)(a) Except as provided in sub.
(2), this subchapter applies to owners or operators of facilities that treat, store or dispose of hazardous waste. The owner or operator shall satisfy the requirements identified in par.
(b) for all wastes (or constituents thereof) contained in solid waste management units at the facility, regardless of the time at which waste was placed in the units.
NR 664.0090(1)(b)
(b) All solid waste management units shall comply with the requirements in s.
NR 664.0101. A surface impoundment or waste pile unit or landfill that receives hazardous waste after July 26, 1982 (in this subchapter, referred to as a “regulated unit") shall comply with the requirements of ss.
NR 664.0091 to
664.0100 in lieu of s.
NR 664.0101 for purposes of detecting, characterizing and responding to releases to the uppermost aquifer. The financial responsibility requirements of s.
NR 664.0101 apply to regulated units.
NR 664.0090(2)
(2) The owner or operator's regulated unit or units are not regulated for releases into the uppermost aquifer under this subchapter if any of the following apply:
NR 664.0090(2)(b)
(b) The owner or operator operates a unit which the department finds meets all of the following conditions:
NR 664.0090(2)(b)2.
2. Does not receive or contain liquid waste or waste containing free liquids.
NR 664.0090(2)(b)3.
3. Is designed and operated to exclude liquid, precipitation and other run-on and run-off.
NR 664.0090(2)(b)6.
6. The owner or operator shall provide continuing operation and maintenance of these leak detection systems during the active life of the unit and the closure and long-term care periods.
NR 664.0090(2)(b)7.
7. To a reasonable degree of certainty, shall not allow hazardous constituents to migrate beyond the outer containment layer prior to the end of the long-term care period.
NR 664.0090(2)(d)
(d) The department finds that there is no potential for migration of liquid from a regulated unit to the uppermost aquifer during the active life of the regulated unit (including the closure period) and the long-term care period specified under s.
NR 664.0117. A qualified geologist or geotechnical engineer shall certify this demonstration. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator shall base any predictions made under this paragraph on assumptions that maximize the rate of liquid migration.
NR 664.0090(3)
(3) This subchapter applies during the active life of the regulated unit (including the closure period). After closure of the regulated unit, this subchapter:
NR 664.0090(3)(a)
(a) Does not apply if all waste, waste residues, contaminated containment system components and contaminated subsoils are removed or decontaminated at closure.
