Chapter NR 666

NR 666.510(3)(g) (g) Procedures for a reverse distributor for managing rejected shipments. A reverse distributor that sends a shipment of evaluated hazardous waste pharmaceuticals to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load in accordance with the manifest discrepancy provisions under s. NR 664.0072 or 665.0072, may accumulate the returned evaluated hazardous waste pharmaceuticals on-site for up to an additional 90 calendar days in the on-site accumulation area provided the rejected or returned shipment is managed in accordance with sub. (1) and this subsection. Upon receipt of the returned shipment, the reverse distributor shall do all of the following:

NR 666.510(3)(g)1. 1. Sign one of the following:

NR 666.510(3)(g)1.a. a. Item 18c of the original manifest, if the original manifest was used for the returned shipment.

NR 666.510(3)(g)1.b. b. Item 20 of the new manifest, if a new manifest was used for the returned shipment.

NR 666.510(3)(g)2. 2. Provide the transporter a copy of the manifest.

NR 666.510(3)(g)3. 3. Within 30 calendar days of receipt of the rejected shipment of the evaluated hazardous waste pharmaceuticals, send a copy of the manifest to the designated facility that returned the shipment to the reverse distributor.

NR 666.510(3)(g)4. 4. Within 90 calendar days of receipt of the rejected shipment, transport or offer for transport the returned shipment of evaluated hazardous waste pharmaceuticals in accordance with the applicable shipping standards under s. NR 666.508 (1) or (2).

NR 666.510(3)(h) (h) Land disposal restrictions. Evaluated hazardous waste pharmaceuticals are subject to the land disposal restrictions under ch. NR 668. A reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals from off-site shall comply with the land disposal restrictions in accordance with s. NR 668.07 (1) requirements.

NR 666.510(3)(i) (i) Reporting by a reverse distributor for evaluated hazardous waste pharmaceuticals.

NR 666.510(3)(i)1. 1. ‘Annual reporting by a reverse distributor.’ A reverse distributor that ships evaluated hazardous waste pharmaceuticals off-site shall prepare and submit a single copy of an annual report to the department by March 1 of each year in accordance with s. NR 662.041.

NR 666.510(3)(i)2. 2. ‘Exception reporting by a reverse distributor for a missing copy of the manifest - shipments from a reverse distributor to a designated facility.’

NR 666.510(3)(i)2.a. a. A reverse distributor who does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 calendar days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter, shall contact the transporter or the owner or operator of the designated facility to determine the status of the evaluated hazardous waste pharmaceuticals.

NR 666.510(3)(i)2.b. b. A reverse distributor shall submit an exception report to the department if it has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 calendar days of the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter. The exception report shall include all of the following:

1) A legible copy of the manifest for which the reverse distributor does not have confirmation of delivery.

2) A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.

NR 666.510(3)(i)3. 3. ‘Exception reporting by a reverse distributor for a missing copy of the manifest - shipments rejected by the designated facility and shipped to an alternate facility.’

NR 666.510(3)(i)3.a. a. A reverse distributor that does not receive a copy of the manifest with the signature of the owner or operator of the alternate facility within 35 calendar days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter shall contact the transporter or the owner or operator of the alternate facility to determine the status of the hazardous waste. The 35-day time frame begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

NR 666.510(3)(i)3.b. b. A reverse distributor shall submit an exception report to the department if it has not received a copy of the manifest with the signature of the owner or operator of the alternate facility within 45 calendar days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter. The 45-day timeframe begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste pharmaceutical shipment from the designated facility to the alternate facility. The exception report shall include all of the following:

1) A legible copy of the manifest for which the generator does not have confirmation of delivery.

2) A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.

NR 666.510(3)(j) (j) Recordkeeping by a reverse distributor for evaluated hazardous waste pharmaceuticals.

NR 666.510(3)(j)1. 1. A reverse distributor shall keep a log, written or electronic, of the inspections of the on-site accumulation area, as required under par. (b). This log shall be retained as a record for at least 3 years from the date of the inspection.

NR 666.510(3)(j)2. 2. A reverse distributor shall keep a copy of each manifest signed in accordance with s. NR 662.023 (1) for 3 years or until it receives a signed copy from the designated facility that received the evaluated hazardous waste pharmaceutical. This signed copy shall be retained as a record for at least 3 years from the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter.

NR 666.510(3)(j)3. 3. A reverse distributor shall keep a copy of each annual report for at least 3 years from the due date of the report.

NR 666.510(3)(j)4. 4. A reverse distributor shall keep a copy of each exception report for at least 3 years from the submission of the report.

NR 666.510(3)(j)5. 5. A reverse distributor shall keep records to document personnel training, in accordance with s. NR 662.017 (1) (g) 4.

NR 666.510(3)(j)6. 6. All records shall be readily available upon request by an inspector. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the department.

NR 666.510(4) (4) When a reverse distributor is required to have a license. A reverse distributor is an operator of a hazardous waste treatment, storage, or disposal facility and is subject to the requirements under chs. NR 664, 665, and 667 and the license requirements under ch. NR 670, if the reverse distributor does any of the following:

NR 666.510(4)(a) (a) Does not meet the conditions of this section.

NR 666.510(4)(b) (b) Accepts manifested hazardous waste from off-site.

NR 666.510(4)(c) (c) Treats or disposes of hazardous waste pharmaceuticals on-site.

NR 666.510 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (e) 2., (2) (c), (3) (g) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776.

subch. HH of ch. NR 666 Subchapter HH — Household and Very Small Quantity Generator Hazardous Waste Collection Facilities

NR 666.900 NR 666.900 Applicability. This subchapter establishes minimum design and operating standards for owners or operators of collection facilities that collect or store household hazardous waste or very small quantity generator waste, or both. The owner or operator of a collection facility is exempt from the hazardous waste storage facility standards and licensing requirements in chs. NR 664, 665 and 670 if the owner or operator complies with all applicable requirements of this subchapter.

NR 666.900 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.901 NR 666.901 Definitions. The following definitions apply to this subchapter:

NR 666.901(1) (1) “Affected municipality” means a town, city, village or county in which a collection facility is located, or is proposed to be located.

NR 666.901(2) (2) “Collection facility” means a facility established to collect or store household hazardous waste or very small quantity generator waste, or both.

NR 666.901(3) (3) “Elementary neutralization unit” means a container or tank 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 corrosivity.

NR 666.901(4) (4) “Household hazardous waste” means a household waste that exhibits a characteristic of hazardous waste or is listed in ch. NR 661.

NR 666.901(5) (5) “Permanent collection facility” means a collection facility where household hazardous waste or very small quantity generator waste, or both, is collected or stored for more than 5 consecutive days.

NR 666.901(6) (6) “Temporary collection facility” means a collection facility where household hazardous waste or very small quantity generator waste, or both, is collected or stored for no more than 5 consecutive days.

NR 666.901 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (3) Register August 2020 No. 776, eff. 9-1-20.

NR 666.902 NR 666.902 Standards for design of permanent collection facilities. The owner or operator of a permanent collection facility shall construct and maintain the facility according to all of the following minimum design criteria:

NR 666.902(1) (1) A collection facility may not be located in any of the following:

NR 666.902(1)(a) (a) A flood plain.

NR 666.902(1)(b) (b) A wetland.

NR 666.902(1)(c) (c) A habitat determined by the department to be critical to the continued existence of any threatened or endangered species listed in ch. NR 27.

NR 666.902(2) (2) The maximum amount of hazardous waste stored may not exceed 240,000 pounds (109,091 kg).

NR 666.902(3) (3) All hazardous waste shall be stored in containers in a building completely enclosed with a floor, walls and roof to prevent exposure to the elements, or in an equivalent manner, if approved by the department.

NR 666.902(4) (4) The floor underlying the containers shall be free of cracks and gaps and sufficiently impervious to contain leaks and spills until the released material is detected and removed.

NR 666.902(5) (5) The floor shall be sloped or a containment system shall be designed and operated to drain and remove liquids resulting from leaks or spills, unless the containers are elevated or are otherwise prevented from contact with accumulated liquids.

NR 666.902(6) (6) The containment system shall have sufficient capacity to contain the volume of the largest container, or 10% of the volume of all containers, whichever is greater. Containers that do not contain free liquids need not be considered in this determination.

NR 666.902(7) (7) Spilled or leaked waste shall be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system, or within 24 hours, whichever is less.

NR 666.902 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) Register July 2017 No. 739, eff. 8-1-17.

NR 666.903 NR 666.903 Standards for operation of permanent collection facilities. An owner or operator of a permanent collection facility shall comply with all of the following:

NR 666.903(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 and to the clerk of the affected municipalities.

NR 666.903 Note Note: This is a one-time notification. Collection facilities are not required to re-submit the form unless there is a change in ownership or facility operations. Form 4430-020 may be obtained from the department by E-mail: [e-mail] or phone: [phone].

NR 666.903(2) (2) Storage time limit. Store hazardous waste for no longer than one year from the date the waste is received.

NR 666.903(3) (3) Container management. Manage containers of hazardous waste according to all of the following:

NR 666.903(3)(a) (a) Label each container with either the words “hazardous waste” or other words that identify the contents of the container.

NR 666.903(3)(b) (b) Clearly mark the accumulation start date on each container.

NR 666.903(3)(c) (c) Store waste in containers that are in good condition and compatible with the waste being stored.

NR 666.903(3)(d) (d) Store containers closed except when adding or removing waste.

NR 666.903(3)(e) (e) Open, handle and store containers to prevent ruptures and leaks.

NR 666.903(3)(f) (f) Inspect containers and the areas where they are stored at least weekly for leaks and deterioration caused by corrosion or other factors. Take immediate action to correct problems found during inspections.

NR 666.903(3)(g) (g) Maintain adequate aisle space in the container storage areas to allow for unobstructed movement of personnel, fire protection and spill control equipment in an emergency.

NR 666.903(4) (4) Ignitable, reactive or incompatible waste. Manage ignitable, reactive or incompatible wastes according to all of the following:

NR 666.903(4)(a) (a) Store incompatible wastes in separate containers.

NR 666.903(4)(b) (b) Separate containers of incompatible wastes by means of a dike, berm, wall or other device.

NR 666.903(4)(c) (c) Store and protect ignitable or reactive wastes from sources of ignition or reaction.

NR 666.903(4)(d) (d) Post “No Smoking” signs in ignitable and reactive waste storage areas.

NR 666.903(5) (5) Security. Control entry of unauthorized persons to the container storage area at all times.

NR 666.903(6) (6) 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 666.903(7) (7) Emergency equipment. Equip the facility with all of the following:

NR 666.903(7)(a) (a) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.

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: