NR 662.011 (4) (b) 3. Chemical and physical samples shall be analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance, and temperature. Section 19 NR 662.014 (1) (f) 3. is amended to read:
NR 662.014 (1) (f) 3. A licensed solid waste disposal facility that is operating in accordance with s. NR 506.155 and has been approved written approval by the department to accept hazardous waste from very small quantity generators. Section 20 NR 662.016 (2) (intro.) is amended to read:
NR 662.016 (2) Accumulation. The generator accumulates hazardous waste on-site for no more than 180 days, unless in compliance with the conditions for exemption for longer accumulation specified in under subs. (3), (4), and (5). All of the following accumulation conditions also apply: Section 21 NR 662.017 (1) (g) 1. a. is amended to read:
NR 662.017 (1) (g) 1. a. Facility personnel shall successfully complete a program of classroom instruction, online training or computer-based training, or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this chapter. The large quantity generator shall ensure that this program includes all the elements described in the document required under subd. 4. c. Section 22 NR 662.020 (1) (a) is amended to read:
NR 662.020 (1) (a) A generator that transports, or offers for transport a hazardous waste for off-site treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, shall prepare a Manifest, OMB Control number 2050-0039, on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A and follow the Form 8700−22 instructions related to completing the manifest.
Section 23 NR 662.082 (5) (b) is amended to read:
NR 662.082 (5) (b) For hand-delivery, the Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (, Mail Code 2255A 2255T), Environmental Protection Agency, William Jefferson Clinton South West Building, Room 6144 1329, 1200 Pennsylvania 1301 Constitution Ave. N.W., Washington, DC 20004.
Section 24 NR 662.200 (10) is amended to read:
NR 662.200 (10) “Trained professional” means a person who has completed the applicable RCRA training requirements under s. NR 662.017 for large quantity generators, or is knowledgeable about normal operations and emergencies in accordance with s. NR 662.016 662.016 (2) (i) 3. for small quantity generators and for very small quantity generators that opt into subch. K. A trained professional may be an employee of the eligible academic entity or may be a contractor or vendor who meets the requisite training requirements. Section 25 NR 662.212 (intro.) and (5) (c) are amended to read:
NR 662.212 (intro.) Making the hazardous waste determination at an on-site interim status or permitted licensed treatment, storage, or disposal facility. If an eligible academic entity makes the hazardous waste determination, according to s. NR 662.011, for unwanted material at an on-site interim status or licensed treatment, storage, or disposal facility, it shall comply with all of the following: (5) (c) Count the hazardous waste toward the eligible academic entity's generator category, according to s. NR 662.013 (3) and (4) in the calendar month that the hazardous waste determination was made. Section 26 NR 662.213 (1) (a) is amended to read:
NR 662.213 (1) (a) If the volume of unwanted material in the laboratory exceeds 55 gallons, or 1 quart of liquid reactive acutely hazardous unwanted material, or 1 kg of solid reactive acutely hazardous unwanted material, the eligible academic entity is not required to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons, or 1 quart of liquid reactive acutely hazardous unwanted material, or 1 kg or of solid reactive acutely hazardous unwanted material, as required under s. NR 662.208. Instead, the eligible academic entity shall remove all unwanted materials from the laboratory within 30 calendar days from the start of the laboratory clean-out. Section 27 NR 662.232 (1) (e) and (2) (d) (intro.) and 2. c. are amended to read:
NR 662.232 (1) (e) The very small quantity generator shall comply with the hazardous waste manifest provisions of under subch. B and the recordkeeping provisions for small quantity generators under s. NR 662.044 when it sends its episodic event hazardous waste off-site to a designated facility, as defined in under s. NR 660.10 (21). (2) (d) A small quantity generator is prohibited from accumulating hazardous wastes generated from an episodic event waste on drip pads and in containment buildings. When accumulating hazardous waste generated from an episodic event in containers and tanks, all of the following conditions apply:
2. c. Use inventory logs, monitoring equipment, or other records to identify the date upon which each period of accumulation begins and ends episodic event begins.
Section 28 NR 662.233 (Note) is created to read:
Section 29 NR 663.12 (1) is amended to read:
NR 663.12 (1) A transporter who stores manifested shipments of hazardous waste in containers meeting the independent requirements under s. NR 662.030 of this chapter at a transfer facility for a period of 10 days or less is not subject to regulation under chs. NR 664, 665, 667, 668, and 670 with respect to the storage of those wastes. Section 30 NR 663.13 (1) (f) is amended to read:
NR 663.13 (1) (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 and operator shall sign the application.
Section 31 NR 664.0001 (7) (c) is amended to read:
Section 32 NR 664.0013 (2) (h) 2. (Note) is created to read:
NR 664.0013 (2) (h) 2. Note: Chapter NR 670 requires that the waste analysis plan be submitted with the feasibility and plan of operation report. Section 33 NR 664.0013 (3) (b) (Note) is repealed.
Section 34 NR 664.0072 (1) (c) is amended to read:
NR 664.0072 (1) (c) Container residues, which are residues that exceed the quantity limits for empty containers set forth in s. under ss. NR 661.0007 (2) and 666.507. Section 35 NR 664 Subchapter F (title) is amended to read:
Subchapter F —Releases From Solid Waste Management Units, Monitoring, and Corrective Action
Section 36 NR 664.0090 (1) (b) is amended to read:
NR 664.0090 (1) (b) All solid waste management units shall comply with the requirements in under 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 under 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 under s. NR 664.0101 apply to regulated units. Section 37 NR 664.0097 (1) (a) (intro.) is amended to read:
NR 664.0097 (1) (a) Represent the quality of background water groundwater that has not been affected by leakage from a regulated unit. A determination of background groundwater quality may include sampling of wells that are not hydraulically upgradient of the waste management area when all of the following conditions are met:
Section 38 NR 664.0111 (3) is amended to read:
Section 39 NR 664.0143 (2) (g) and (h) are amended to read:
NR 664.0143 (2) (g) Whenever the current closure cost estimate increases to an amount greater then than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimate and submit evidence of the increase to the department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the department.
(h) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the department. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the department, as evidence evidenced by the return receipts. Not less than 30 days prior to the expiration of the 120 day notice period, the owner shall deliver to the department a replacement bond or other proof of financial responsibility under this section, in the absence of which all storage, treatment or disposal operations shall immediately cease and the bond shall remain in effect as long as any obligation of the owner remains for closure.
Section 40 NR 664.0151 (8) 14., (11) and (13) (a) Section 8 (c) are amended to read:
NR 664.0151 (8) 14. In the event of combination of this guarantee with another mechanism to meet liability requirements, this guarantee will be considered [insert “primary" or “excess"] coverage.
I hereby certify that the wording of the guarantee is identical to the wording specified in under s. NR 664.0151 (8), Wis. Adm. Code, as the rules were constituted on the date shown immediately below. Effective date:_____
[Name of guarantor]_____
[Authorized signature for guarantor]_____
[Name of person signing]_____
[Title of person signing]_____
Signature of witness of or notary:__
(11) A letter of credit, as specified in under s. NR 664.0147 (8) or 665.0147 (8), must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: Irrevocable Letter of Credit
Name and Address of Issuing Institution_____
Secretary_____
Wisconsin Department of Natural Resources
Dear Sir or Madam: We hereby establish our Irrevocable Letter of Credit No. ______ in the favor of ["any and all third-party liability claimants"], at the request and for the account of [owner or operator's name and address] for third-party liability awards or settlements up to [in words] U.S. dollars $______ per occurrence and the annual aggregate amount of [in words] U.S. dollars $______, for sudden accidental occurrences and/or for third-party liability awards or settlements up to the amount of [in words] U.S. dollars $______ per occurrence, and the annual aggregate amount of [in words] U.S. dollars $______, for nonsudden non-sudden accidental occurrences available upon presentation of a sight draft bearing reference to this letter of credit No. ______, and [insert the following language if the letter of credit is being used without a trust fund:] “(1) a signed certificate reading as follows:
Certificate of Valid Claim
The undersigned, as parties [insert principal] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operations of [principal's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[ ]. We hereby certify that the claim does not apply to any of the following:
(a) Bodily injury or property damage for which [insert principal] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert principal] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising from, and in the course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert principal].
This exclusion applies:
(A) Whether [insert principal] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert principal];
(2) Premises that are sold, given away or abandoned by [insert principal] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert principal];
(4) Personal property in the care, custody or control of [insert principal];
(5) That particular part of real property on which [insert principal] or any contractors or subcontractors working directly or indirectly on behalf of [insert principal] are performing operations, if the property damage arises out of these operations.
[Signatures]_____
Grantor_____
[Signatures]_____
Claimant(s)_____
or (2) a valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility or group of facilities.]
This letter of credit is effective as of [date] and shall expire on [date at least one year later], but the expiration date shall be automatically extended for a period of [at least one year] on [date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify you, the Wisconsin Department of Natural Resources, and [owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor the draft upon presentation to us.
[Insert the following language if a trust fund is not being used: “In the event that this letter of credit is used in combination with another mechanism for liability coverage, this letter of credit shall be considered [insert “primary" or “excess" coverage]."]
We certify that the wording of this letter of credit is identical to the wording specified in s. NR 664.0151 (11) Wis. Adm. Code, as the rules were constituted on the date shown immediately below. [Signature(s) and title(s) of official(s) of issuing institution] [Date]. This credit is subject to [insert “the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce," or “the Uniform Commercial Code"].
(13) (a) Section 8. (c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing the securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of the securities in a qualified central depositary depository even though, when so deposited, the securities may be merged and held in bulk in the name of the nominee of the depositary depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all the securities are part of the Fund;
