Chapter NR 673

NR 673.14(2) (2) A container (or multiple container package unit), tank or transport vehicle or vessel in which recalled universal waste pesticides as described in s. NR 673.03 (1) (a) are contained shall be labeled or marked clearly with all of the following:

NR 673.14(2)(a) (a) The label that was on or accompanied the product as sold or distributed.

NR 673.14(2)(b) (b) The words “Universal Waste — Pesticides” or “Waste-Pesticides”.

NR 673.14(3) (3) A container, tank or transport vehicle or vessel in which unused pesticide products as described in s. NR 673.03 (1) (b) are contained shall be labeled or marked clearly with all of the following:

NR 673.14(3)(a) (a)

NR 673.14(3)(a)1. 1. The label that was on the product when purchased, if still legible.

NR 673.14(3)(a)2. 2. If using the labels described in subd. 1. is not feasible, the appropriate label as required under the U.S. department of transportation regulation 49 CFR part 172.

NR 673.14(3)(a)3. 3. If using the labels described in subds. 1. and 2. is not feasible, another label prescribed or designated by the waste pesticide collection program administered or recognized by the state of Wisconsin.

NR 673.14(3)(b) (b) The words “Universal Waste-Pesticides” or “Waste-Pesticides”.

NR 673.14(4) (4) 

NR 673.14(4)(a) (a) Universal waste mercury-containing equipment (for instance, each device), or a container in which the equipment is contained, shall be labeled or marked clearly with any of the following phrases: “Universal Waste — Mercury-Containing Equipment,” “Waste Mercury-Containing Equipment,” or “Used Mercury-Containing Equipment.”

NR 673.14(4)(b) (b) A universal waste mercury-containing thermostat or container containing only universal waste mercury-containing thermostats may be labeled or marked clearly with any of the following phrases: “Universal Waste — Mercury Thermostats,” “Waste Mercury Thermostats” or “Used Mercury Thermostats.”

NR 673.14(5) (5) Each lamp or a container or package in which the lamps are contained shall be labeled or marked clearly with the phrase “Universal Waste — Lamps”, “Waste Lamps” or “Used Lamps”.

NR 673.14 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. and recr. (4) Register July 2017 No. 739, eff. 8-1-17.

NR 673.15 NR 673.15 Accumulation time limits.

NR 673.15(1) (1) A small quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of sub. (2) are met.

NR 673.15(2) (2) A small quantity handler of universal waste may accumulate universal waste for longer than one year from the date the universal waste is generated, or received from another handler, if this activity is solely for the purpose of accumulation of quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal. However, the handler bears the burden of proving that this activity is solely for the purpose of accumulation of quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal.

NR 673.15(3) (3) A small quantity handler of universal waste who accumulates universal waste shall be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The handler may make this demonstration by doing any of the following:

NR 673.15(3)(a) (a) Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received.

NR 673.15(3)(b) (b) Marking or labeling each individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received.

NR 673.15(3)(c) (c) Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received.

NR 673.15(3)(d) (d) Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received.

NR 673.15(3)(e) (e) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received.

NR 673.15(3)(f) (f) Any other method which clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.

NR 673.15 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.16 NR 673.16 Employee training. A small quantity handler of universal waste shall inform all employees who handle or have responsibility for managing universal waste. The information shall describe proper handling and emergency procedures appropriate to the types of universal waste handled at the facility.

NR 673.16 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.17 NR 673.17 Response to releases.

NR 673.17(1) (1) A small quantity handler of universal waste shall immediately contain all releases of universal wastes and other residues from universal wastes.

NR 673.17(2) (2) A small quantity handler of universal waste shall determine whether any material resulting from the release is hazardous waste, and if so, shall manage the hazardous waste in compliance with all applicable requirements of chs. NR 660 to 670. The handler is considered the generator of the material resulting from the release, and shall manage it in compliance with ch. NR 662.

NR 673.17 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.18 NR 673.18 Off-site shipments.

NR 673.18(1) (1) A small quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility or a foreign destination.

NR 673.18(2) (2) If a small quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of subch. D while transporting the universal waste.

NR 673.18(3) (3) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR parts 171 to 180, a small quantity handler of universal waste shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable U.S. department of transportation regulations under 49 CFR parts 172 to 180.

NR 673.18(4) (4) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment.

NR 673.18(5) (5) If a small quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall do one of the following:

NR 673.18(5)(a) (a) Receive the waste back when notified that the shipment has been rejected.

NR 673.18(5)(b) (b) Agree with the receiving handler on a destination facility to which the shipment will be sent.

NR 673.18(6) (6) A small quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste, that the handler has received from another handler. If a handler rejects a shipment or a portion of a shipment, the handler shall contact the originating handler to notify the originating handler of the rejection and to discuss reshipment of the load. The handler shall do one of the following:

NR 673.18(6)(a) (a) Send the shipment back to the originating handler.

NR 673.18(6)(b) (b) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.

NR 673.18(7) (7) If a small quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler shall immediately notify the department of the illegal shipment, and provide the name, address and phone number of the originating shipper. The department will provide instructions for managing the hazardous waste.

NR 673.18(8) (8) If a small quantity handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with chs. 287 and 289, Stats., chs. NR 500 to 524 and applicable federal or local solid waste regulations.

NR 673.18 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (8) Register July 2017 No. 739, eff. 8-1-17.

NR 673.19 NR 673.19 Tracking shipments. A small quantity handler of universal waste is not required to keep records of shipments of universal waste.

NR 673.19 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.20 NR 673.20 Exports. A small quantity handler of universal waste who sends universal waste to a foreign destination is subject to the requirements of subch. H of ch. NR 662.

NR 673.20 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: renum. (intro.) to NR 673.20, r. (1) to (3) Register August 2020 No. 776, eff. 9-1-20.

subch. C of ch. NR 673 Subchapter C — Large Quantity Handlers

NR 673.30 NR 673.30 Applicability. This subchapter applies to large quantity handlers of universal waste.

NR 673.30 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.31 NR 673.31 Prohibitions. A large quantity handler of universal waste is prohibited from doing any of the following:

NR 673.31(1) (1) Disposing of universal waste.

NR 673.31(2) (2) Diluting or treating universal waste, except by responding to releases as provided in s. NR 673.37, or by managing specific wastes as provided in s. NR 673.33.

NR 673.31 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.32 NR 673.32 Notification.

NR 673.32(1) (1) 

NR 673.32(1)(a) (a) Except as provided in pars. (b) and (c), a large quantity handler of universal waste shall have sent written notification of universal waste management to the department, and received an EPA identification number, before meeting or exceeding the 5,000 kilogram (11,025 pounds) storage limit.

NR 673.32(1)(b) (b) A large quantity handler of universal waste who has already notified the department of its hazardous waste management activities and has received an EPA identification number is not required to renotify under this section.

NR 673.32(1)(c) (c) A large quantity handler of universal waste who manages recalled universal waste pesticides as described in s. NR 673.03 (1) (a) and who has sent notification to EPA as required by 40 CFR part 165 is not required to notify for those recalled universal waste pesticides under this section.

NR 673.32(2) (2) This notification shall include all of the following:

NR 673.32(2)(a) (a) The universal waste handler’s name and mailing address.

NR 673.32(2)(b) (b) The name and business telephone number of the person at the universal waste handler’s site who should be contacted regarding universal waste management activities.

NR 673.32(2)(c) (c) The address or physical location of the universal waste management activities.

NR 673.32(2)(d) (d) A list of all the types of universal waste managed by the handler (for example, batteries, pesticides, mercury-containing equipment, lamps).

NR 673.32(2)(e) (e) A statement indicating that the handler is accumulating more than 5,000 kg (11,025 pounds) of universal waste at one time.

NR 673.32 Note Note: See s. NR 660.07 for information on obtaining EPA form 8700-12.

NR 673.32 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) (d), (e) Register July 2017 No. 739, eff. 8-1-17.

NR 673.33 NR 673.33 Waste management.

NR 673.33(1) (1) Universal waste batteries. A large quantity handler of universal waste shall manage universal waste batteries in all of the following ways that prevent releases of any universal waste or component of a universal waste to the environment:

NR 673.33(1)(a) (a) A large quantity handler of universal waste shall contain any universal waste battery that shows evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the battery and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

NR 673.33(1)(b) (b) A large quantity handler of universal waste may conduct any of the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but shall be immediately closed after removal):

NR 673.33(1)(b)1. 1. Sorting batteries by type.

NR 673.33(1)(b)2. 2. Mixing battery types in one container.

NR 673.33(1)(b)3. 3. Discharging batteries so as to remove the electric charge.

NR 673.33(1)(b)4. 4. Regenerating used batteries.

NR 673.33(1)(b)5. 5. Disassembling batteries or battery packs into individual batteries or cells.

NR 673.33(1)(b)6. 6. Removing batteries from consumer products.

NR 673.33(1)(b)7. 7. Removing electrolyte from batteries.

NR 673.33(1)(c) (c) A large quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed in par. (b), shall determine whether the electrolyte or other solid waste exhibits a characteristic of hazardous waste identified in subch. C of ch. NR 661.

NR 673.33(1)(c)1. 1. If the electrolyte or other solid waste exhibits a characteristic of hazardous waste, it shall be managed in compliance with all applicable requirements of chs. NR 660 to 670. The handler is considered the generator of the hazardous electrolyte or other waste and is subject to ch. NR 662.

NR 673.33(1)(c)2. 2. If the electrolyte or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with chs. 287 and 289, Stats., chs. NR 500 to 524, and applicable federal or local solid waste regulations.

NR 673.33(2) (2) Universal waste pesticides. A large quantity handler of universal waste shall manage universal waste pesticides in a way that prevents releases of any universal waste or component of a universal waste to the environment. The universal waste pesticides shall be contained in one or more of the following:

NR 673.33(2)(a) (a) A container that remains closed, structurally sound, compatible with the pesticide and that lacks evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

NR 673.33(2)(b) (b) A container that does not meet the requirements of par. (a), provided that the unacceptable container is overpacked in a container that does meet the requirements of par. (a).

NR 673.33(2)(c) (c) A tank that meets the requirements of subch. J of ch. NR 665, except for ss. NR 665.0197 (3) and 665.0200.

NR 673.33(2)(d) (d) A transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide and that lacks evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

NR 673.33(3) (3) Mercury-containing equipment. A large quantity handler of universal waste shall manage universal waste mercury-containing equipment in a way that prevent releases of any universal waste or component of a universal waste to the environment, as follows: