Chapter NR 673

NR 673.35(2) (2) A large 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 was solely for the purpose of accumulation of quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal.

NR 673.35(3) (3) A large quantity handler of 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 673.35(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 673.35(3)(b) (b) Marking or labeling the individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received.

NR 673.35(3)(c) (c) Maintaining an inventory system on-site that identifies the date the universal waste being accumulated became a waste or was received.

NR 673.35(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 673.35(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 673.35(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 673.35 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.36 NR 673.36 Employee training. A large quantity handler of universal waste shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.

NR 673.36 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.37 NR 673.37 Response to releases.

NR 673.37(1) (1) A large quantity handler of universal waste shall immediately contain all releases of universal wastes and other residues from universal wastes.

NR 673.37(2) (2) A large 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 is subject to ch. NR 662.

NR 673.37 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.38 NR 673.38 Off-site shipments.

NR 673.38(1) (1) A large 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 673.38(2) (2) If a large 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 673.38(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 large 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 673.38(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 673.38(5) (5) If a large 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 673.38(5)(a) (a) Receive the waste back when notified that the shipment has been rejected.

NR 673.38(5)(b) (b) Agree with the receiving handler on a destination facility to which the shipment will be sent.

NR 673.38(6) (6) A large 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 673.38(6)(a) (a) Send the shipment back to the originating handler.

NR 673.38(6)(b) (b) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.

NR 673.38(7) (7) If a large 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 673.38(8) (8) If a large 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 673.38 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 673.39 NR 673.39 Tracking shipments.

NR 673.39(1) (1) Receipt of shipments. A large quantity handler of universal waste shall keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, movement document or other shipping document. The record for each shipment of universal waste received shall include all of the following information:

NR 673.39(1)(a) (a) The name and address of the originating universal waste handler or foreign shipper from whom the universal waste was sent.

NR 673.39(1)(b) (b) The quantity of each type of universal waste received (e.g., batteries, pesticides, thermostats, lamps).

NR 673.39(1)(c) (c) The date of receipt of the shipment of universal waste.

NR 673.39(2) (2) Shipments off-site. A large quantity handler of universal waste shall keep a record of each shipment of universal waste sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading, movement document or other shipping document. The record for each shipment of universal waste sent shall include all of the following information:

NR 673.39(2)(a) (a) The name and address of the universal waste handler, destination facility or foreign destination to whom the universal waste was sent.

NR 673.39(2)(b) (b) The quantity of each type of universal waste sent (e.g., batteries, pesticides, thermostats, lamps).

NR 673.39(2)(c) (c) The date the shipment of universal waste left the facility.

NR 673.39(3) (3) Record retention.

NR 673.39(3)(a) (a) A large quantity handler of universal waste shall retain the records described in sub. (1) for at least 3 years from the date of receipt of a shipment of universal waste.

NR 673.39(3)(b) (b) A large quantity handler of universal waste shall retain the records described in sub. (2) for at least 3 years from the date a shipment of universal waste left the facility.

NR 673.39 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (intro.), (2) (intro.) Register August 2020 No. 776, eff. 9-1-20.

NR 673.40 NR 673.40 Exports. A large 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 673.40 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: renum. (intro.) to NR 673.40 and am., r. (1) to (3) Register August 2020 No. 776, eff. 9-1-20.

subch. D of ch. NR 673 Subchapter D — Transporters

NR 673.50 NR 673.50 Applicability. This subchapter applies to universal waste transporters.

NR 673.50 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.51 NR 673.51 Prohibitions. A universal waste transporter is prohibited from doing any of the following:

NR 673.51(1) (1) Disposing of universal waste.

NR 673.51(2) (2) Diluting or treating universal waste, except by responding to releases as provided in s. NR 673.54.

NR 673.51 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.52 NR 673.52 Waste management.

NR 673.52(1) (1) A universal waste transporter shall comply with all applicable U.S. department of transportation regulations in 49 CFR parts 171 to 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the U.S. department of transportation regulations, a material is considered a hazardous waste if it is subject to the EPA hazardous waste manifest requirements in 40 CFR part 262. Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the U.S. department of transportation regulations.

NR 673.52(2) (2) Some universal waste materials are regulated by the U.S. department of transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under 40 CFR part 262, they may not be described by the U.S. department of transportation proper shipping name “hazardous waste, (l) or (s), n.o.s.”, nor may the hazardous material’s proper shipping name be modified by adding the word “waste”.

NR 673.52 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.53 NR 673.53 Storage time limits.

NR 673.53(1) (1) A universal waste transporter may only store the universal waste at a universal waste transfer facility for 10 days or less.

NR 673.53(2) (2) If a universal waste transporter stores universal waste for more than 10 days, the transporter becomes a universal waste handler and shall comply with the applicable requirements of subch. B or C while storing the universal waste.

NR 673.53 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.54 NR 673.54 Response to releases.

NR 673.54(1) (1) A universal waste transporter shall immediately contain all releases of universal wastes and other residues from universal wastes.

NR 673.54(2) (2) A universal waste transporter shall determine whether any material resulting from the release is hazardous waste, and if so, it is subject to all applicable requirements of chs. NR 660 to 670. If the waste is determined to be a hazardous waste, the transporter is subject to ch. NR 662.

NR 673.54 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.55 NR 673.55 Off-site shipments.

NR 673.55(1) (1) A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility or a foreign destination.

NR 673.55(2) (2) If the universal waste being shipped off-site meets the U.S. department of transportation’s definition of hazardous material under 49 CFR 171.8, the shipment shall be properly described on a shipping paper in accordance with the applicable U.S. department of transportation regulations under 49 CFR part 172.

NR 673.55 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.56 NR 673.56 Exports. A universal waste transporter transporting a shipment of universal waste to a foreign destination is subject to the requirements of subch. H of ch. NR 662.

NR 673.56 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: renum. (intro.) to NR 673.56 and am., r. (1), (2) Register August 2020 No. 776, eff. 9-1-20.

subch. E of ch. NR 673 Subchapter E — Destination Facilities

NR 673.60 NR 673.60 Applicability.

NR 673.60(1) (1) The owner or operator of a destination facility is subject to all applicable requirements of chs. NR 664 to 670.

NR 673.60(2) (2) The owner or operator of a destination facility that recycles a particular universal waste without storing that universal waste before it is recycled shall comply with s. NR 661.0006 (3) (b).

NR 673.60 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (2) Register August 2020 No. 776, eff. 9-1-20.

NR 673.61 NR 673.61 Off-site shipments.

NR 673.61(1) (1) The owner or operator of a destination facility is prohibited from sending or taking universal waste to a place other than a universal waste handler, another destination facility or foreign destination.

NR 673.61(2) (2) The owner or operator of a destination facility may reject a shipment containing universal waste, or a portion of a shipment containing universal waste. If the owner or operator of the destination facility rejects a shipment or a portion of a shipment, the owner or operator shall contact the shipper to notify the shipper of the rejection and to discuss reshipment of the load. The owner or operator of the destination facility shall do one of the following:

NR 673.61(2)(a) (a) Send the shipment back to the original shipper.

NR 673.61(2)(b) (b) If agreed to by both the shipper and the owner or operator of the destination facility, send the shipment to another destination facility.

NR 673.61(3) (3) If the owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, the owner or operator of the destination facility shall immediately notify the department of the illegal shipment, and provide the name, address and phone number of the shipper. The department will provide instructions for managing the hazardous waste.

NR 673.61(4) (4) If the owner or operator of a destination facility receives a shipment of non-hazardous, non-universal waste, the owner or operator 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 673.61 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (4) Register July 2017 No. 739, eff. 8-1-17.

NR 673.62 NR 673.62 Tracking shipments.

NR 673.62(1) (1) Receipt of shipments. The owner or operator of a destination facility shall keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, movement document or other shipping document. The record for each shipment of universal waste received shall include all of the following information:

NR 673.62(1)(a) (a) The name and address of the universal waste handler, destination facility or foreign shipper from whom the universal waste was sent.

NR 673.62(1)(b) (b) The quantity of each type of universal waste received (e.g., batteries, pesticides, thermostats, lamps).

NR 673.62(1)(c) (c) The date of receipt of the shipment of universal waste.

NR 673.62(2) (2) Record retention. The owner or operator of a destination facility shall retain the records described in sub. (1) for at least 3 years from the date of receipt of a shipment of universal waste.

NR 673.62 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (intro.) Register August 2020 No. 776, eff. 9-1-20.