Chapter NR 666

NR 666.903(7)(b) (b) A telephone (immediately available at the scene of operations) or a hand-held 2-way radio, capable of summoning emergency assistance from local police departments, fire departments or state or local emergency response teams.

NR 666.903(7)(c) (c) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas or dry chemicals) and spill control equipment.

NR 666.903(8) (8) Testing and maintenance of emergency equipment. Test and maintain all facility communications or alarm systems, fire protection equipment and spill control equipment, where required, as necessary to assure its proper operation in time of emergency.

NR 666.903(9) (9) Contingency plan. Prepare a contingency plan which describes the actions of facility personnel in response to fires, explosions or any releases of hazardous waste or materials. A spill prevention, control and countermeasures (SPCC) plan or some other emergency or contingency plan may be amended to incorporate the requirements of this subsection. Keep a copy of the contingency plan and all revisions at the facility and submit a copy to all local police departments, fire departments, hospitals and state and local emergency response teams that may be called upon to provide emergency services. Review and immediately amend the plan if the plan fails in an emergency or if changes are made to the design or operation that increase the potential for fires, explosions or releases of hazardous waste or changes the response necessary in an emergency. The plan shall be implemented immediately whenever there is a fire, explosion or release of hazardous waste that could threaten human health or the environment. The plan shall include all of the following:

NR 666.903(9)(a) (a) A description of the arrangements agreed to by local police departments, fire departments, hospitals, contractors and state and local emergency response teams to coordinate emergency services.

NR 666.903(9)(b) (b) An up to date list of names, addresses and phone numbers (office and home) of all persons qualified to act as emergency coordinator. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. The primary and alternate emergency coordinators shall:

NR 666.903(9)(b)1. 1. Either be on the facility premises or available to respond to an emergency by reaching the facility within a short period of time.

NR 666.903(9)(b)2. 2. Be thoroughly familiar with all aspects of the facility’s contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility and the facility layout.

NR 666.903(9)(b)3. 3. Have the authority to commit the resources needed to carry out the contingency plan.

NR 666.903(9)(c) (c) An up to date list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, communications and alarm systems. In addition, the plan shall include the location and a physical description of each item on the list and a brief outline of its capabilities.

NR 666.903(9)(d) (d) A plan to evacuate facility personnel where an evacuation may be necessary. Include the signals to be used to begin evacuation, evacuation routes and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

NR 666.903(10) (10) Emergency coordinator. Assign at least one employee as emergency coordinator. The emergency coordinator shall be responsible for all of the following:

NR 666.903(10)(a) (a) Whenever there is an imminent or actual emergency situation, immediately:

NR 666.903(10)(a)1. 1. Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.

NR 666.903(10)(a)2. 2. Notify appropriate state or local agencies with designated response roles if their help is needed.

NR 666.903(10)(b) (b) In the event of a fire, explosion or other release:

NR 666.903(10)(b)1. 1. Immediately notify the national response center using their 24-hour toll free number [phone] if there is a threat to human health or if a spill has reached surface water. Notification shall include the name and address of the facility owner, date, time and type of incident, quantity and type of hazardous waste involved in the incident, extent of injuries, if any, and estimated quantity and disposition of recovered materials, if any.

NR 666.903(10)(b)2. 2. Notify the division of emergency management at [phone], and comply with the remedial action requirements of s. 292.11, Stats., and ch. NR 706.

NR 666.903(10)(b)3. 3. Identify the character, exact source, amount and areal extent of any released materials.

NR 666.903(10)(b)4. 4. Assess possible hazards to human health or the environment that may result from the release, fire or explosion. This assessment shall consider both direct and indirect effects of the release, fire or explosion.

NR 666.903(10)(c) (c) Take all reasonable measures necessary to ensure that fires, explosions and releases do not occur, recur or spread to other hazardous waste at the facility.

NR 666.903(10)(d) (d) Immediately after an emergency, provide for treating, storing or disposing of recovered waste, contaminated soil or surface water or any other material that results from a release, fire or explosion at the facility.

NR 666.903 Note Note: Unless the owner or operator can demonstrate, according to s. NR 661.0003 (3) or (4), that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it according to all applicable requirements of chs. NR 662 and 663 and this subchapter.

NR 666.903(11) (11) Personnel training. Train all facility personnel, either by classroom instruction or on the job training, related to job duties to ensure they are thoroughly familiar with proper waste handling procedures and are able to respond effectively to emergencies. Employees shall not work in unsupervised positions until the training is completed. The training shall:

NR 666.903(11)(a) (a) Familiarize staff with proper waste handling procedures and emergency equipment and procedures.

NR 666.903(11)(b) (b) Be completed within six months of employment.

NR 666.903(11)(c) (c) Be reviewed annually for all staff.

NR 666.903(12) (12) Annual report. If any hazardous waste is shipped to a licensed or permitted hazardous waste treatment, storage or disposal facility or recycling facility, other than a permanent collection facility, 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 and cover generator activities during the previous year.

NR 666.903 Note Note: Information on annual reporting is available at: http://dnr.wi.gov/topic/Waste/AnnualReport.html.

NR 666.903(13) (13) Recordkeeping. Retain copies of annual reports and results of any laboratory hazardous waste analyses for a minimum of 3 years.

NR 666.903(14) (14) Bulking. If hazardous waste is bulked, prevent the mixing of incompatible wastes by testing or applying knowledge of the waste.

NR 666.903(15) (15) treatment. If hazardous waste is treated, it shall only be done by being neutralized in an elementary neutralization unit, or by the addition of absorbent materials to wastes.

NR 666.903(16) (16) Very small quantity generator waste. If hazardous waste is accepted from very small quantity generators, provide a shipment receipt to the very small quantity generator. The shipment receipt shall include the information specified in pars. (a) to (c), and copies of the receipts shall be retained according to par. (d).

NR 666.903(16)(a) (a) The generator’s company name and location, including street address, city and state.

NR 666.903(16)(b) (b) The quantity and type of waste.

NR 666.903(16)(c) (c) The date the waste was accepted by the collection facility.

NR 666.903(16)(d) (d) Retain a copy of the shipment receipt for a minimum of 3 years from the date the shipment was received.

NR 666.903 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: renum. (3) to (17) to (2) to (16) and as renumbered, am. (11) (intro.), (a), (12), (13) Register July 2017 No. 739, eff. 8-1-17; correction in (9) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 666.904 NR 666.904 Standards for operation of temporary collection facilities. An owner or operator of a temporary collection facility shall comply with all of the following:

NR 666.904(1) (1) Notification. At least 30 days prior to first accepting hazardous waste from off-site, submit the “Notification of Activity for Household and Very Small Quantity Generator Hazardous Waste Collection Facility” form 4430-020 to the department.

NR 666.904 Note Note: Form 4430-020 may be obtained from the department by E-mail: [e-mail] or phone: [phone].

NR 666.904(2) (2) Container management. Manage containers of hazardous waste according to all of the following:

NR 666.904(2)(a) (a) Label each container with either the words “hazardous waste” or other words that identify the contents of the container.

NR 666.904(2)(b) (b) Clearly mark the accumulation starting date on each container.

NR 666.904(2)(c) (c) Open, handle and store waste in containers that are in good condition and compatible with the waste being stored.

NR 666.904(2)(d) (d) Store containers closed except when adding or removing waste.

NR 666.904(2)(e) (e) Manage containers to prevent ruptures and leaks.

NR 666.904(3) (3) Ignitable, reactive or incompatible waste. Manage ignitable, reactive or incompatible wastes according to all of the following:

NR 666.904(3)(a) (a) Store incompatible wastes in separate containers.

NR 666.904(3)(b) (b) Separate containers of incompatible wastes.

NR 666.904(3)(c) (c) Store and protect ignitable or reactive wastes from sources of ignition or reaction.

NR 666.904(4) (4) Preparedness and prevention. Operate the facility to prevent fires or explosions or releases of hazardous waste which could threaten human health or the environment.

NR 666.904(5) (5) Emergency procedures. At all times, ensure that at least one person on the premises is responsible for coordinating all of the following emergency response measures:

NR 666.904(5)(a) (a) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher.

NR 666.904(5)(b) (b) In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil.

NR 666.904(5)(c) (c) In the event of a fire, explosion or other release which could threaten human health or if a spill has reached surface water, immediately notify the national response center, using their 24-hour toll free number [phone]. The notification shall include all of the following information: The name and address of the facility owner, date, time and type of incident, quantity and type of hazardous waste involved in the incident, extent of injuries, if any and estimated quantity and disposition of recovered materials, if any.

NR 666.904(5)(d) (d) In the event of a release or discharge, notify the division of emergency management at [phone] and comply with the requirements of s. 292.11, Stats., and ch. NR 706.

NR 666.904(6) (6) Personnel training. Ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities.

NR 666.904(7) (7) Bulking. If hazardous waste is bulked, prevent the mixing of incompatible wastes by testing or applying knowledge of the waste.

NR 666.904(8) (8) Treatment. If hazardous waste is treated, it shall only be done by being neutralized in an elementary neutralization unit, or by the addition of absorbent materials to wastes.

NR 666.904(9) (9) Very small quantity generator waste. If hazardous waste is accepted from very small quantity generators, provide a shipment receipt to the very small quantity generator. The shipment receipt shall include the information specified in pars. (a) to (c), and copies of the receipts shall be retained by the owner according to par. (d).

NR 666.904(9)(a) (a) The generator’s company name and location, including street address, city and state.

NR 666.904(9)(b) (b) The quantity and type of waste.

NR 666.904(9)(c) (c) The date the waste was accepted by the collection facility.

NR 666.904(9)(d) (d) Retain a copy of shipment receipts for a minimum of 3 years from the date the shipment was received.

NR 666.904 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.905 NR 666.905 Transportation requirements. An owner or operator of a collection facility shall ensure delivery of all hazardous waste to a licensed hazardous waste treatment, storage or disposal facility, legitimate recycling facility or permanent collection facility, according to the following:

NR 666.905(1) (1) An owner or operator of a collection facility who offers hazardous waste for transportation to a licensed hazardous waste treatment, storage or disposal facility, or recycling facility, shall:

NR 666.905(1)(a) (a) Obtain an EPA ID number, using EPA Form 8700-12.

NR 666.905 Note Note: EPA instructions and notification form 8700-12 may be obtained from: https://www.epa.gov/hwgenerators/instructions-and-form-hazardous-waste-generators-transporters-and-treatment-storage-and.

NR 666.905(1)(b) (b) Package the waste in accordance with the applicable U.S. department of transportation regulations on packaging under 49 CFR parts 173, 178 and 179.

NR 666.905(1)(c) (c) Label each package in accordance with the applicable U.S. department of transportation regulations on hazardous materials under 49 CFR part 172.

NR 666.905(1)(d) (d) Mark each package of hazardous waste in accordance with the applicable U.S. department of transportation regulations on hazardous materials under 49 CFR part 172, and mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with the requirements of 49 CFR 172.304:

“HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.

Generator’s Name and Address__________.

Generator’s EPA Identification number_______________.

Manifest Tracking Number ____________.”

NR 666.905(1)(e) (e) Ensure the initial transporter has the appropriate placards according to U.S. DOT regulations for hazardous materials under 49 CFR part 172, subpart F.

NR 666.905(1)(f) (f) Use a manifest that consists of at least the number of copies which will provide the collection facility owner or operator, each transporter, the owner or operator of the designated facility, and the department with one copy each for their records and another final, signed copy to be returned to the collection facility owner or operator. Prepare and use a manifest, OMB control number 2050-0039, on EPA form 8700-22, and if necessary, EPA Form 8700–22A, according to the instructions in the appendix to 40 CFR part 262, and the following:

NR 666.905(1)(f)1. 1. For shipments of hazardous waste outside of Wisconsin, submit a copy of each manifest to the department within 30 days of receiving the signed copy from the designated facility.

NR 666.905(1)(f)2. 2. Keep a copy of each manifest signed by the collection facility owner or operator and the initial transporter for 3 years or until facility owner or operator receives a signed copy from the designated hazardous waste facility that received the waste. Retain the final, signed copy of the manifest as a record for at least 3 years from the date the waste was accepted by the initial transporter.

NR 666.905(1)(g) (g) Meet applicable land disposal restrictions standards in s. NR 668.07 (1).

NR 666.905(2) (2) An owner or operator of a collection facility who self-transports hazardous waste off-site to a licensed or permitted hazardous waste treatment, storage or disposal facility, or a recycling facility shall comply with sub. (1) and ch. NR 663, hazardous waste transportation requirements.

NR 666.905 Note Note: Under 49 CFR 171.1 (d) (5), governmental employees who self-transport hazardous materials or hazardous waste are exempt from the DOT hazardous materials requirements (including packaging, labeling, marking, placarding and manifesting) if the transportation is done solely for non-commercial, governmental purposes.

NR 666.905(3) (3) An owner or operator of a collection facility may transport hazardous waste, or offer hazardous waste for transport, to a permanent collection facility without using a hazardous waste manifest or obtaining a transportation license for the purpose of bulking or consolidating waste, if the collection facility owner or operator complies with all of the following requirements prior to transporting the hazardous waste:

NR 666.905(3)(a) (a) Package the waste in accordance with the applicable U.S. department of transportation regulations on packaging under 49 CFR parts 173, 178 and 179.

NR 666.905(3)(b) (b) Label each package in accordance with the applicable U.S. department of transportation regulations on hazardous materials under 49 CFR part 172.

NR 666.905(3)(c) (c) Mark each package of hazardous waste in accordance with the applicable U.S. department of transportation regulations on hazardous materials under 49 CFR part 172, and mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with the requirements of 49 CFR 172.304:

“HAZARDOUS WASTE Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.