Chapter NR 665

NR 665.0013(1)(a) (a) Before an owner or operator treats, stores or disposes of any hazardous wastes, or nonhazardous wastes if applicable under s. NR 665.0113 (4), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis shall contain all the information which must be known to treat, store or dispose of the waste according to this chapter and ch. NR 668.

NR 665.0013(1)(a)1. 1. 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.

NR 665.0013(1)(b) (b) The analysis may include data developed under ch. NR 661, and existing published or documented data on the hazardous waste or on waste generated from similar processes.

NR 665.0013 Note Note: For example, the facility’s records of analyses performed on the waste before August 1, 2006, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with par. (a). The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by par. (a), except as otherwise specified in s. NR 668.07(2) and (3). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section.

NR 665.0013(1)(c) (c) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated when any of the following occurs:

NR 665.0013(1)(c)1. 1. The owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous wastes or non-hazardous wastes, if applicable, under s. NR 665.0113 (4) has changed.

NR 665.0013(1)(c)2. 2. For off-site facilities, the results of the inspection required in par. (d) indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

NR 665.0013(1)(d) (d) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

NR 665.0013(2) (2) The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with sub. (1). The owner or operator shall keep this plan at the facility. At a minimum, the plan shall specify all of the following:

NR 665.0013(2)(a) (a) The parameters for which each hazardous waste, or non-hazardous waste if applicable under s. NR 665.0113 (4), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste’s properties to comply with sub. (1)).

NR 665.0013(2)(b) (b) The test methods which will be used to test for these parameters.

NR 665.0013(2)(c) (c) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using any of the following:

NR 665.0013(2)(c)1. 1. One of the sampling methods described in ch. NR 661 Appendix I.

NR 665.0013(2)(c)2. 2. An equivalent sampling method.

NR 665.0013 Note Note: See s. NR 660.21 for related discussion.

NR 665.0013(2)(d) (d) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date.

NR 665.0013(2)(e) (e) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply.

NR 665.0013(2)(f) (f) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods specified in ss. NR 665.0200, 665.0225, 665.0252, 665.0314, 665.0341, 665.0375, 665.0402, 665.1034 (4), 665.1063 (4), 665.1084 and 668.07.

NR 665.0013(2)(g) (g) For surface impoundments exempted from land disposal restrictions under s. NR 668.04 (1), the procedures and schedule for all of the following:

NR 665.0013(2)(g)1. 1. The sampling of impoundment contents.

NR 665.0013(2)(g)2. 2. The analysis of test data.

NR 665.0013(2)(g)3. 3. The annual removal of residues which are not delisted under s. NR 660.22 or which exhibit a characteristic of hazardous waste and meet any of the following criteria:

NR 665.0013(2)(g)3.a. a. The residues do not meet applicable treatment standards of subch. D of ch. NR 668.

NR 665.0013(2)(g)3.b. b. Where no treatment standards have been established, any of the following applies:

1) The residues are prohibited from land disposal under s. NR 668.32 or 42 USC 6924(d).

2) The residues are prohibited from land disposal under s. NR 668.33.

NR 665.0013(2)(h) (h) For owners and operators seeking an exemption to the air emission standards of subch. CC according to s. NR 665.1083, any of the following:

NR 665.0013(2)(h)1. 1. If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption.

NR 665.0013(2)(h)2. 2. If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste.

NR 665.0013(3) (3) For off-site facilities, the waste analysis plan required in sub. (2) shall also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan shall describe all of the following:

NR 665.0013(3)(a) (a) The procedures which will be used to determine the identity of each movement of waste managed at the facility.

NR 665.0013(3)(b) (b) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.

NR 665.0013(3)(c) (c) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.

NR 665.0013 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 665.0014 NR 665.0014 Security.

NR 665.0014(1) (1) The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless all of the following conditions are met:

NR 665.0014(1)(a) (a) Physical contact with the waste, structures or equipment with the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility.

NR 665.0014(1)(b) (b) Disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this chapter.

NR 665.0014(2) (2) Unless exempt under sub. (1) (a) and (b), a facility shall have any of the following:

NR 665.0014(2)(a) (a) A 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility.

NR 665.0014(2)(b) (b) All of the following:

NR 665.0014(2)(b)1. 1. An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility.

NR 665.0014(2)(b)2. 2. A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance or controlled roadway access to the facility).

NR 665.0014 Note Note: The requirements of this subsection are satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of par. (a) or (b).

NR 665.0014(3) (3) Unless exempt under sub. (1) (a) and (b), a sign with the legend, “Danger—Unauthorized Personnel Keep Out,” shall be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend shall be written in English and in any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than “Danger—Unauthorized Personnel Keep Out” may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

NR 665.0014 Note Note: See s. NR 665.0117(2) for discussion of security requirements at disposal facilities during the long-term care period.

NR 665.0014 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0015 NR 665.0015 General inspection requirements.

NR 665.0015(1) (1) The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors and discharges which may be causing, or may lead to, release of hazardous waste constituents to the environment or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.

NR 665.0015(2) (2) 

NR 665.0015(2)(a) (a) The owner or operator shall develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting or responding to environmental or human health hazards.

NR 665.0015(2)(b) (b) The owner or operator shall keep this schedule at the facility.

NR 665.0015(2)(c) (c) The schedule shall identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).

NR 665.0015(2)(d) (d) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies called for in ss. NR 665.0174, 665.0193, 665.0195, 665.0226, 665.0260, 665.0304, 665.0347, 665.0377, 665.0403, 665.1033, 665.1052, 665.1053, 665.1058 and 665.1084 to 665.1090, where applicable.

NR 665.0015(3) (3) The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.

NR 665.0015(4) (4) The owner or operator shall record inspections in an inspection log or summary and shall keep these records for at least 3 years from the date of inspection. At a minimum, these records shall include the date and time of the inspection, the name of the inspector, a notation of the observations made and the date and nature of any repairs or other remedial actions.

NR 665.0015 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0016 NR 665.0016 Personnel training.

NR 665.0016(1) (1) 

NR 665.0016(1)(a) (a) Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility’s compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required under sub. (4) (c).

NR 665.0016(1)(b) (b) This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

NR 665.0016(1)(c) (c) At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment and emergency systems, including, where applicable, all of the following:

NR 665.0016(1)(c)1. 1. Procedures for using, inspecting, repairing and replacing facility emergency and monitoring equipment.

NR 665.0016(1)(c)2. 2. Key parameters for automatic waste feed cut-off systems.

NR 665.0016(1)(c)3. 3. Communications or alarm systems.

NR 665.0016(1)(c)4. 4. Response to fires or explosions.

NR 665.0016(1)(c)5. 5. Response to groundwater contamination incidents.

NR 665.0016(1)(c)6. 6. Shutdown of operations.

NR 665.0016(1)(d) (d) For facility personnel that receive emergency response training pursuant to occupational safety and health administration (OSHA) regulations 29 CFR 1910.120 (p) (8) and (q), the facility is not required to provide separate emergency response training pursuant to this section, provided that the overall facility training meets all the requirements of this section.

NR 665.0016(2) (2) Facility personnel shall successfully complete the program required in sub. (1) within 6 months after August 1, 2006 or 6 months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after August 1, 2006 may not work in unsupervised positions until they have completed the training requirements of sub. (1).

NR 665.0016(3) (3) Facility personnel shall take part in an annual review of the initial training required in sub. (1).

NR 665.0016(4) (4) The owner or operator shall maintain all of the following documents and records at the facility:

NR 665.0016(4)(a) (a) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job.

NR 665.0016(4)(b) (b) A written job description for each position listed under par. (a). This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education or other qualifications, and duties of facility personnel assigned to each position.

NR 665.0016(4)(c) (c) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under par. (a).

NR 665.0016(4)(d) (d) Records that document that the training or job experience required under subs. (1), (2) and (3) has been given to, and completed by, facility personnel.

NR 665.0016(5) (5) Training records on current personnel shall be kept until closure of the facility. Training records on former employees shall be kept for at least 3 years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

NR 665.0016 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: cr. (1) (d) Register July 2017 No. 739, eff. 8-1-17.

NR 665.0017 NR 665.0017 General requirements for ignitable, reactive or incompatible wastes.

NR 665.0017(1) (1) The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste shall be separated and protected from sources of ignition or reaction including, but not limited to, open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions) and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. “No Smoking” signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

NR 665.0017(2) (2) Where specifically required by other sections of this chapter, the treatment, storage or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, shall be conducted so that it does not do any of the following:

NR 665.0017(2)(a) (a) Generate extreme heat or pressure, fire or explosion or violent reaction.

NR 665.0017(2)(b) (b) Produce uncontrolled toxic mists, fumes, dusts or gases in sufficient quantities to threaten human health.

NR 665.0017(2)(c) (c) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions.

NR 665.0017(2)(d) (d) Damage the structural integrity of the device or facility containing the waste.

NR 665.0017(2)(e) (e) Through other like means threaten human health or the environment.

NR 665.0017 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0018 NR 665.0018 Location standards. The placement of any hazardous waste in a salt dome, salt bed formation, underground mine or cave, wetland, or critical habitat is prohibited.

NR 665.0018 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.