Chapter NR 664

NR 664.0071(6)(d) (d) Any requirement for an owner or operator to keep or retain a copy of each manifest is satisfied by the retention of the facility’s electronic manifest copies in its account on the e-manifest system, provided that the copies are readily available for viewing and production if requested by the department.

NR 664.0071(6)(e) (e) No owner or operator may be held liable for the inability to produce an electronic manifest for inspection under this section if the owner or operator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with EPA’s electronic manifest system for which the owner or operator bears no responsibility.

NR 664.0071(7) (7) An owner or operator may participate in the electronic manifest system either by accessing the electronic manifest system from the owner’s or operator’s electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the owner’s or operator’s site by the transporter who delivers the waste shipment to the facility.

NR 664.0071(8) (8) If a facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, all of the following procedures apply to the delivery of the hazardous waste by the final transporter:

NR 664.0071(8)(a) (a) Upon delivery of the hazardous waste to the designated facility, the owner or operator shall sign and date each copy of the paper replacement manifest by hand in item 20, designated facility certification of receipt, and note any discrepancies in item 18, discrepancy indication space, of the paper replacement manifest.

NR 664.0071(8)(b) (b) The owner or operator of the facility shall return one copy of the paper manifest replacement to the final transporter.

NR 664.0071(8)(c) (c) Within 30 days of delivery of the waste to the designated facility, the owner or operator of the facility shall send one signed and dated copy of the paper replacement manifest to the generator, and send an additional signed and dated copy of the paper replacement manifest to the electronic manifest system.

NR 664.0071(8)(d) (d) The owner or operator of the facility shall retain at the facility one copy of the paper replacement manifest for at least 3 years from the date of delivery.

NR 664.0071(9) (9) If an owner or operator 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 owner or operator shall also sign with an ink signature the facility’s certification of receipt or discrepancies on the printed copy of the manifest provided by the transporter. Upon executing its ink signature on the printed copy, the owner or operator shall retain the original copy among its records for at least 3 years from the date of delivery of the waste.

NR 664.0071(10) (10) 

NR 664.0071(10)(a) (a) As prescribed in 40 CFR 264.1311, and determined in 40 CFR 264.1312, an owner or operator who is a user of the electronic manifest system shall be assessed a user fee by EPA for the submission and processing of each electronic and paper manifest. EPA shall update the schedule of user fees and publish them to the user community, as provided in 40 CFR 264.1313.

NR 664.0071(10)(b) (b) An owner or operator subject to user fees under this section shall make user fee payments in accordance with the requirements of 40 CFR 264.1314, subject to the informal fee dispute resolution process of 40 CFR 264.1316, and subject to the sanctions for delinquent payments under 40 CFR 264.1315.

NR 664.0071(11) (11) Electronic manifest signatures shall meet the criteria described in 40 CFR 262.25 (a) and s. NR 662.025.

NR 664.0071(12) (12) 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, shown on the manifest.

NR 664.0071(12)(a) (a) Interested persons shall make all corrections to manifest data by electronic submission, either by directly entering corrected data to the web-based service provided in e-manifest for the corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests.

NR 664.0071(12)(b) (b) Each correction submission shall include all of the following information:

NR 664.0071(12)(b)1. 1. The manifest tracking number and date of receipt by the facility of the original manifests for which data are being corrected.

NR 664.0071(12)(b)2. 2. The item numbers of the original manifest that is the subject of the submitted corrections.

NR 664.0071(12)(b)3. 3. For each item number with corrected data, the data previously entered and the corresponding data as corrected by the correction submission.

NR 664.0071(12)(c) (c) Each correction submission shall include a statement that the person submitting the corrections certifies that to the best of his or her knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous wastes to be true, accurate, and complete in accordance with all of the following:

NR 664.0071(12)(c)1. 1. The certification statement shall be executed with a valid electronic signature.

NR 664.0071(12)(c)2. 2. A batch upload of data corrections may be submitted under one certification statement.

NR 664.0071(12)(d) (d) Upon receipt by the system of any correction submission, other interested persons shown on the manifest will be provided electronic notice of the submitter’s corrections.

NR 664.0071(12)(e) (e) Other interested persons shown on the manifest may respond to the submitter’s corrections with comments to the submitter, or by submitting another correction to the system, certified by the respondent as specified in par. (c), and with notice of the corrections to other interested persons shown on the manifest.

NR 664.0071 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) (b) 6., (2) (f) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 19-082: am. (1) (b) 4., r. and recr. (1) (b) 5., 6., (c) (intro.), cr. (1) (c) 1., 2., r. and recr. (3), (4), cr. (6) to (12) Register August 2020 No 776, eff. 9-1-20; correction in (1) (b) 6., (c) (intro.), (3), (6) (intro.), (9), (12) (a), (b) (intro.), (c) 1. made under s. 35.17, Stats., Register August 2020 No 776.

NR 664.0072 NR 664.0072 Manifest discrepancies.

NR 664.0072(1) (1) Manifest discrepancies are any of the following:

NR 664.0072(1)(a) (a) Significant differences, as defined by sub. (2), between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives.

NR 664.0072(1)(b) (b) Rejected wastes, which may be a full or partial shipment of hazardous waste that the treatment, storage or disposal facility cannot accept.

NR 664.0072(1)(c) (c) Container residues, which are residues that exceed the quantity limits for empty containers set forth in s. NR 661.0007 (2).

NR 664.0072(2) (2) Significant discrepancies in quantity are, for bulk waste, variations greater than 10% in weight, and for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant discrepancies in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.

NR 664.0072(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 664.0072(4) (4) 

NR 664.0072(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 664.0072(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 664.0072(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 664.0072(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 664.0072(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 664.0072(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 664.0072(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 664.0072(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 664.0072(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 664.0072(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 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 NR 664.0073 Operating record.

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)(c) (c) Records and results of waste analyses and waste determinations performed as specified in ss. NR 664.0013, 664.0017, 664.0314, 664.0341, 664.1034, 664.1063, 664.1083, 668.04 (1) and 668.07.

NR 664.0073(2)(d) (d) Summary reports and details of all incidents that require implementing the contingency plan as specified in s. NR 664.0056 (9).

NR 664.0073(2)(e) (e) Records and results of inspections as required by s. NR 664.0015 (4) (except these data need be kept only 3 years).

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)(g) (g) For off-site facilities, notices to generators as specified in s. NR 664.0012 (2).

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)(q) (q) Any records required under s. NR 664.0001 (10) (m).

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(2)(s) (s) Certifications as required by s. NR 664.0196 (6) shall be maintained in the operating record until closure of the facility.

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(2) (2) The calendar year covered by the report.

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.