NR 660.10(13m)(13m) “Contained” means held in a unit, including a land-based unit as defined in this subchapter, that meets all of the following criteria: NR 660.10(13m)(a)(a) The unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary material to the environment, and is designed, as appropriate for the hazardous secondary material, to prevent releases of hazardous secondary material into the environment. Unpermitted releases are releases that are not covered by a permit, such as a permit to discharge to water or air, and may include releases through surface transport by precipitation runoff, releases to soil and groundwater, wind-blown dust, fugitive air emissions, and catastrophic unit failures. NR 660.10(13m)(b)(b) The unit is properly labeled or otherwise has a system, such as a log, to immediately identify the hazardous secondary material in the unit. NR 660.10(13m)(c)(c) The unit holds hazardous secondary material that is compatible with other hazardous secondary material placed in the unit and is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions. NR 660.10(13m)(d)(d) Hazardous secondary material in units that meet the applicable requirements under chs. NR 664 and 665 are presumptively contained for the purposes of this subsection. NR 660.10(14)(14) “Container” means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled. NR 660.10(16)(16) “Contingency plan” means a document setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. NR 660.10(17)(17) “Corrosion expert” means a person who, by reason of the person’s knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be certified as being qualified by the national association of corrosion engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks. NR 660.10(18)(18) “Construct” means to engage in a program of on-site construction including but not limited to the erection or building of new structures, replacement, expansion, remodeling, alteration or extension of existing structures, the acquisition and installation of initial equipment associated with the new or expanded, remodeled structures, and site clearing, grading, dredging or landfilling. NR 660.10(19)(19) “Critical habitat” means any habitat determined by the department to be critical to the continued existence of any threatened or endangered species listed in ch. NR 27. NR 660.10(19d)(19d) “CRT collector” means a person who receives used, intact CRTs for recycling, repair, resale, or donation. NR 660.10(19e)(19e) “CRT exporter” means any person in the United States who initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for such export. NR 660.10(19g)(19g) “CRT glass manufacturer” means an operation or part of an operation that uses a furnace to manufacture CRT glass. NR 660.10(19j)(19j) “CRT processing” means conducting all of the following activities: NR 660.10(19j)(b)(b) Intentionally breaking intact CRTs or further breaking or separating broken CRTs. NR 660.10(19m)(19m) “CWA” or “Clean Water Act” means the Federal Water Pollution Control Act, 33 USC 1251 to 1387, and regulations adopted under that act. NR 660.10(20)(20) “Department” means the Wisconsin department of natural resources. NR 660.10(20m)(20m) “Department of transportation” or “DOT” means the U.S. department of transportation. NR 660.10(21)(21) “Designated facility” means any of the following: NR 660.10(21)(a)(a) A hazardous waste, treatment, storage or disposal facility that meets one of the following conditions: NR 660.10(21)(c)(c) If a waste is destined to a facility in an authorized state that has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility shall be a facility allowed by the receiving state to accept such waste. NR 660.10(22)(22) “Destination facility” means a facility that treats, disposes of or recycles a particular category of universal waste, except those management activities described in subs. (1) and (3) of ss. NR 673.13 and 673.33. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste. NR 660.10(23)(23) “Dike” means an embankment or ridge of either natural or human-made materials used to prevent the movement of liquids, sludges, solids or other materials. NR 660.10(24)(24) “Dioxins and furans (D/F)” means tetra, penta, hexa, hepta and octa-chlorinated dibenzo dioxins and furans. NR 660.10(25)(25) “Discharge” or “hazardous waste discharge” means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous waste into or on any land or water. NR 660.10(26)(26) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. NR 660.10(27)(27) “Disposal facility” means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed. NR 660.10(28)(28) “Drip pad” means an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation and surface water run-on to an associated collection system at wood preserving plants. NR 660.10(28m)(28m) “Electronic import-export reporting compliance date” means the date that EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import related documents to EPA using EPA’s waste import export tracking system, or its successor system. NR 660.10(28p)(28p) “Electronic manifest” or “e-manifest” means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22, Manifest, and 8700-22A, Continuation Sheet. NR 660.10(28s)(28s) “Electronic manifest system” or “e-manifest system” means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies. NR 660.10(29)(29) “Elementary neutralization unit” means a device which meets all of the following conditions: NR 660.10(29)(a)(a) Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in s. NR 661.0022, or they are listed in subch. D of ch. NR 661 only for this reason. NR 660.10(29)(b)(b) Meets the definition of tank, tank system, container, transport vehicle or vessel in this section. NR 660.10(30)(30) “Enforceable document” means a special order, variance, license or plan approval issued by the department. NR 660.10(31)(31) “EPA” or “U.S. EPA” means the United States environmental protection agency. NR 660.10(32)(32) “EPA administrator” means the administrator of the EPA or anyone designated to act for the administrator of the EPA. NR 660.10(34)(34) “EPA identification number” or “EPA ID number” means the number assigned by EPA to each generator, transporter, and treatment, storage or disposal facility. NR 660.10(35)(35) “EPA region” means the states and territories found in any one of the following 10 regions: Region I—Maine, Vermont, New Hampshire, Massachusetts, Connecticut and Rhode Island.
Region II—New York, New Jersey, Commonwealth of Puerto Rico and the U.S. Virgin Islands.
Region III—Pennsylvania, Delaware, Maryland, West Virginia, Virginia and the District of Columbia.
Region IV—Kentucky, Tennessee, North Carolina, Mississippi, Alabama, Georgia, South Carolina and Florida.
Region V—Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI—New Mexico, Oklahoma, Arkansas, Louisiana and Texas.
Region VII—Nebraska, Kansas, Missouri and Iowa.
Region VIII—Montana, Wyoming, North Dakota, South Dakota, Utah and Colorado.
Region IX—California, Nevada, Arizona, Hawaii, Guam, American Samoa, Commonwealth of the Northern Mariana Islands.
Region X—Washington, Oregon, Idaho and Alaska.
NR 660.10(37)(37) “Existing hazardous waste management (HWM) facility” or “existing facility” means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if par. (a) and either par. (b) 1. or 2. are met: NR 660.10(37)(a)(a) The owner or operator has obtained the federal, state and local approvals or licenses necessary to begin physical construction. NR 660.10(37)(b)2.2. The owner or operator has entered into contractual obligations - which cannot be canceled or modified without substantial loss - for physical construction of the facility to be completed within a reasonable time. NR 660.10(38)(38) “Existing portion” means the land surface area of an existing waste management unit, included in the original Part A of the license application, on which wastes have been placed prior to the issuance of a license. NR 660.10(39)(39) “Existing tank system” or “existing component” means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to March 1, 1991. Installation will be considered to have commenced if the owner or operator has obtained all federal, state and local approvals or licenses necessary to begin physical construction of the site or installation of the tank system and if either 1) a continuous on-site physical construction or installation program has begun or 2) the owner or operator has entered into contractual obligations—which cannot be canceled or modified without substantial loss—for physical construction of the site or installation of the tank system to be completed within a reasonable time. NR 660.10(40)(40) “Explosives or munitions emergency” means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate or eliminate the threat. NR 660.10(41)(41) “Explosives or munitions emergency response” means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions or transporting those items to another location to be rendered safe, treated or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at hazardous waste management facilities. NR 660.10(42)(42) “Explosives or munitions emergency response specialist” means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures or destruction techniques. Explosives or munitions emergency response specialists include department of defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU) and DOD-certified civilian or contractor personnel; and other federal, state or local government, or civilian personnel similarly trained in explosives or munitions emergency responses. NR 660.10(43)(a)(a) All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste, or for managing hazardous secondary material prior to reclamation. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them). NR 660.10(43)(b)(b) For the purpose of implementing corrective action under s. NR 664.0101 or 667.0101, all contiguous property under the control of the owner or operator seeking a license under ch. 291, Stats., and Subtitle C of RCRA. This definition also applies to facilities implementing corrective action under s. 291.37, Stats., and 42 USC 6928(h). NR 660.10(43)(c)(c) Notwithstanding par. (b), a remediation waste management site is not a facility that is subject to s. NR 664.0101, but is subject to corrective action requirements if the site is located within such a facility. NR 660.10(44)(44) “Federal agency” means any department, agency or other instrumentality of the federal government, any independent agency or establishment of the federal government including any government corporation, and the government printing office. NR 660.10(45)(45) “Federal, state and local approvals or licenses necessary to begin physical construction” means licenses and approvals required under federal, state or local hazardous waste control statutes, regulations, rules or ordinances. NR 660.10(46)(46) “Final closure” means the closure of all hazardous waste management units at the facility according to all applicable closure requirements so that hazardous waste management activities under chs. NR 664 and 665 are no longer conducted at the facility unless subject to the provisions in ss. NR 662.015 and 662.017. NR 660.10(47)(47) “Food chain crops” means tobacco, crops grown for human consumption and crops grown for feed for animals whose products are consumed by humans. NR 660.10(48)(48) “Free liquids” means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure. NR 660.10(49)(49) “Freeboard” means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein. NR 660.10(50)(50) “Generator” means any person, by site, whose act or process produces hazardous waste identified or listed in ch. NR 661 or whose act first causes a hazardous waste to become subject to regulation. NR 660.10(50m)(50m) “Generating facility” as used in s. NR 660.10 (51t) means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. NR 660.10(51)(51) “Ground water” means water below the land surface in a zone of saturation. NR 660.10(51m)(51m) “Hazardous secondary material” means a secondary material, such as spent material, by-product, or sludge, that, when discarded, would be identified as a hazardous waste, as defined in sub. (52). NR 660.10(51t)(51t) “Hazardous secondary material generator” means any person whose act or process produces hazardous secondary material at the generating facility. In this subsection, “generating facility” means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. For the purposes of ss. NR 661.0002 (1) (b) 2. and 661.0004 (1) (w), a facility that collects hazardous secondary material from other persons is not the hazardous secondary material generator. NR 660.10(53)(53) “Hazardous waste constituent” means a constituent that caused the department to list the hazardous waste in subch. D of ch. NR 661, or a constituent listed in table 1 of s. NR 661.0024. NR 660.10(54)(54) “Hazardous waste management unit” is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed. NR 660.10(55)(55) “In operation” refers to a facility which is treating, storing or disposing of hazardous waste. NR 660.10(56)(56) “Inactive portion” means that portion of a facility which is not operated after August 1, 2006.
