NR 665.0072(3)
(3) Upon discovering a significant discrepancy, the owner or operator shall attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue.
NR 665.0072(4)(a)(a) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for empty containers set forth in s.
NR 661.0007 (2), the facility owner or operator shall consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility owner or operator may return the rejected waste or residue to the generator. The facility owner or operator shall send the waste to the alternative facility or to the generator within 60 days of the rejection or the container residue identification.
NR 665.0072(4)(b)
(b) While the facility owner or operator is making arrangements for forwarding rejected wastes or residues to another facility under this section, it shall ensure that either the delivering transporter retains custody of the waste, or the facility owner or operator shall provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under sub.
(5) or
(6).
NR 665.0072(5)
(5) Except as provided in par.
(g), for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility owner or operator shall prepare a new manifest in accordance with s.
NR 662.020 (1) and the following instructions:
NR 665.0072(5)(a)
(a) Write the generator's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
NR 665.0072(5)(b)
(b) Write the name of the alternate designated facility and the facility's EPA ID number in the designated facility block (Item 8) of the new manifest.
NR 665.0072(5)(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 665.0072(5)(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 665.0072(5)(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 665.0072(5)(f)
(f) Sign the generator's or offeror's certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation, and mail a signed copy of the manifest to the generator identified in Item 5 of the new manifest.
NR 665.0072(5)(g)
(g) For full load rejections that are made while the transporter remains present at the facility, the facility owner or operator may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the alternate facility space. The facility owner or operator shall retain a copy of this manifest 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).
NR 665.0072(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 665.0072(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 665.0072(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 665.0072(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 665.0072(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 665.0072(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 665.0072(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 665.0072(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 665.0072(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 665.0072(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 665.0072 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 19-082: am. (1) (c), (4) (a), (5) (f), (6) (a), (g), cr. (6) (h), am. (7)
Register August 2020 No. 776, eff. 9-1-20;
correction in (6) (h) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 665.0073(1)(1)
The owner or operator shall keep a written operating record at the facility.
NR 665.0073(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 665.0073(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 665 Appendix I. This information shall be maintained in the operating record until closure of the facility.
NR 665.0073(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 of each cell or disposal area. For all facilities, this information shall include cross-references to specific 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 665.0073 Note
Note: See s.
NR 665.0119 for related requirements.
NR 665.0073(2)(c)
(c) Records and results of waste analysis, waste determinations and trial tests performed as specified in ss.
NR 665.0013,
665.0200,
665.0225,
665.0252,
665.0314,
665.0341,
665.0375,
665.0402,
665.1034,
665.1063,
665.1084,
668.04 (1) and
668.07.
NR 665.0073(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 by ss.
NR 665.0019,
665.0094,
665.0191,
665.0193,
665.0195,
665.0224,
665.0226,
665.0255,
665.0260,
665.0302,
665.0304,
665.0347,
665.0377,
665.1034 (3) to
(6),
665.1035,
665.1063 (4) to
(9),
665.1064, and
665.1083 to
665.1090. Records and results pertaining to groundwater monitoring and cleanup shall be maintained in the operating record until closure of the facility.
NR 665.0073 Note
Note: As required by s.
NR 665.0094, monitoring data at disposal facilities shall be kept throughout the long-term care period
.
NR 665.0073(2)(g)
(g) All closure cost estimates under s.
NR 665.0142 and, for disposal facilities, all long-term care cost estimates under s.
NR 665.0144 shall be maintained in the operating record until closure of the facility.
NR 665.0073(2)(h)
(h) 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, monitoring data required pursuant to a petition under s.
NR 668.06 and the applicable notice required by a generator under s.
NR 668.07 (1). All of this information shall be maintained in the operating record until closure of the facility.
NR 665.0073(2)(i)
(i) 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 665.0073(2)(j)
(j) 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 665.0073(2)(k)
(k) 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 665.0073(2)(L)
(L) For an on-site land disposal facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator of a treatment facility under s.
NR 668.07.
NR 665.0073(2)(m)
(m) 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 665.0073(2)(n)
(n) 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 of a treatment facility under s.
NR 668.07.
NR 665.0073 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) to (h), cr. (2) (o)
Register July 2017 No. 739, eff. 8-1-17; correction in (2) (d), (f) made under s.
13.92 (4) (b) 7., Stats.,
Register July 2017 No. 739.
NR 665.0074
NR 665.0074 Availability, retention and disposition of records. NR 665.0074(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 665.0074(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 665.0074(3)
(3) A copy of records of waste disposal locations and quantities under s.
NR 665.0073 (2) (b) shall be submitted to the department and local land authority upon closure of the facility (see s.
NR 665.0119).
NR 665.0074 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0075
NR 665.0075 Annual report. The owner or operator shall prepare and submit a single copy of a 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 information:
NR 665.0075(1)
(1) The EPA identification number, name and address of the facility.
NR 665.0075(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 665.0075(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 665.0075(5)
(5) The method of treatment, storage or disposal for each hazardous waste.
NR 665.0075(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 665.0075(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 665.0075(10)
(10) The certification signed by the owner or operator of the facility or an authorized representative.
NR 665.0075 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0076(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 665.0076(1)(a)
(a) The EPA identification number, name and address of the facility.
NR 665.0076(1)(c)
(c) The EPA identification number, name and address of the generator and the transporter, if available.
NR 665.0076(1)(d)
(d) A description and the quantity of each unmanifested hazardous waste the facility received.
NR 665.0076(1)(e)
(e) The method of treatment, storage or disposal for each hazardous waste.
NR 665.0076(1)(f)
(f) The certification signed by the owner or operator of the facility or an authorized representative.
NR 665.0076(1)(g)
(g) A brief explanation of why the waste was unmanifested, if known.
NR 665.0076 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; corrections in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats.,
Register March 2007 No. 615.
NR 665.0077
NR 665.0077 Additional reports. In addition to submitting the annual and unmanifested waste reports described in ss.
NR 665.0075 and
665.0076, the owner or operator shall also report all of the following to the department:
NR 665.0077 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.
NR 665.0090(1)(1)
By August 1, 1982, the owner or operator of a surface impoundment or landfill facility which is used to manage hazardous waste shall implement a groundwater monitoring program capable of determining the facility's impact on the quality of groundwater in the uppermost aquifer underlying the facility, except as s.
NR 665.0001 and sub.
(3) provide otherwise.
NR 665.0090(2)
(2) Except as subs.
(3) and
(4) provide otherwise, the owner or operator shall install, operate and maintain a groundwater monitoring system which meets the requirements of s.
NR 665.0091 and chs.
NR 140 and
141, and shall comply with ss.
NR 665.0092 to
665.0094. This groundwater monitoring program shall be carried out during the active life of the facility, and for disposal facilities, during the long-term care period as well.
NR 665.0090(3)
(3) All or part of the groundwater monitoring requirements of this subchapter may be waived if the owner or operator can demonstrate that there is a low potential for migration of hazardous waste or hazardous waste constituents from the facility via the uppermost aquifer to water supply wells (domestic, industrial or agricultural) or to surface water. This demonstration shall be in writing, and shall be kept at the facility. This demonstration shall be certified by a qualified geologist or geotechnical engineer and shall establish all of the following:
NR 665.0090(3)(a)
(a) The potential for migration of hazardous waste or hazardous waste constituents from the facility to the uppermost aquifer, by an evaluation of all of the following:
NR 665.0090(3)(a)1.
1. A water balance of precipitation, evapotranspiration, runoff and infiltration.
NR 665.0090(3)(a)2.
2. Unsaturated zone characteristics (i.e., geologic materials, physical properties and depth to groundwater).
NR 665.0090(3)(b)
(b) The potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate to a water supply well or surface water, by an evaluation of all of the following:
NR 665.0090(3)(b)1.
1. Saturated zone characteristics (i.e., geologic materials, physical properties and rate of groundwater flow).
