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)(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 HistoryHistory: 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(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(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)(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 HistoryHistory: 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 673.40NR 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 HistoryHistory: 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. NR 673.50NR 673.50 Applicability. This subchapter applies to universal waste transporters. NR 673.50 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 673.51NR 673.51 Prohibitions. A universal waste transporter is prohibited from doing any of the following: 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 673.56NR 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 HistoryHistory: 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. 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 673.61(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)(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 HistoryHistory: 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(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(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 HistoryHistory: 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. NR 673.70NR 673.70 Imports. Persons managing universal waste that is imported from a foreign country into the state of Wisconsin are subject to the applicable requirements of this chapter, immediately after the waste enters Wisconsin, as indicated in subs. (1) to (3). NR 673.70(1)(1) A universal waste transporter is subject to the universal waste transporter requirements of subch. D. NR 673.70(2)(2) A universal waste handler is subject to the small or large quantity handler of universal waste requirements of subch. B or C, as applicable. NR 673.70(3)(3) An owner or operator of a destination facility is subject to the destination facility requirements of subch. E. NR 673.70 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1), (2), r. (4) Register August 2020 No. 776, eff. 9-1-20. NR 673.80(1)(1) Except as provided in sub. (4), any person seeking to add a hazardous waste or a category of hazardous waste to this chapter may petition for a rule amendment under this subchapter and ss. NR 660.20 and 660.23. NR 673.80(2)(2) To be successful, the petitioner shall demonstrate to the satisfaction of the department that regulation under the universal waste rules of this chapter is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste and will improve implementation of the hazardous waste program. The petition shall include the information required by s. NR 660.20. The petition shall also address as many of the factors listed in s. NR 673.81 as are appropriate for the waste or waste category addressed in the petition. NR 673.80(3)(3) The department will evaluate petitions using the factors listed in s. NR 673.81. The department will grant or deny a petition using the factors listed in s. NR 673.81. The decision will be based on the weight of evidence showing that regulation under this chapter is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste and will improve implementation of the hazardous waste program. NR 673.80(4)(4) Hazardous waste pharmaceuticals are regulated under subch. P of ch. NR 666, and may not be added as a category of hazardous waste for management under this chapter. NR 673.80 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1), cr. (4) Register August 2020 No. 776, eff. 9-1-20. NR 673.81NR 673.81 Factors for petitions to include other wastes under this chapter. NR 673.81(1)(1) The waste or category of waste, as generated by a wide variety of generators, is listed in subch. D of ch. NR 661 or, if not listed, a proportion of the waste stream exhibits one or more characteristics of hazardous waste identified in subch. C of ch. NR 661. (When a characteristic waste is added to the universal waste rules of this chapter by using a generic name to identify the waste category (e.g., batteries), the department will amend the definition of universal waste in ss. NR 660.10 and 673.09 to include only the hazardous waste portion of the waste category (e.g., hazardous waste batteries).) Thus, only the portion of the waste stream that does exhibit one or more characteristics (i.e., is hazardous waste) is subject to the universal waste rules of this chapter. NR 673.81(2)(2) The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including, for example, households, retail and commercial businesses, office complexes, very small quantity generators, small businesses, government organizations, as well as large industrial facilities). NR 673.81(3)(3) The waste or category of waste is generated by a large number of generators (e.g., more than 1,000 nationally) and is frequently generated in relatively small quantities by each generator. NR 673.81(4)(4) Systems to be used for collecting the waste or category of waste (including packaging, marking and labeling practices) would ensure close stewardship of the waste. NR 673.81(5)(5) The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards proposed or referenced by the petitioner (e.g., waste management requirements appropriate to be added to ss. NR 673.13, 673.33 and 673.52 or applicable U.S. department of transportation requirements) would be protective of human health and the environment during accumulation and transport. NR 673.81(6)(6) Regulation of the waste or category of waste under this chapter will increase the likelihood that the waste will be diverted from non-hazardous waste management systems (e.g., the municipal waste stream, non-hazardous industrial or commercial waste stream, municipal sewer or stormwater systems) to recycling, treatment or disposal in compliance with ch. 291, Stats., and chs. NR 660 to 670.
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